[116th Congress Public Law 260]
[From the U.S. Government Publishing Office]
[[Page 1181]]
CONSOLIDATED APPROPRIATIONS ACT, 2021
__________
* Editorial note: Part 1 contains pages 134 Stat. 1182 through 134
Stat. 2247. See note at the end.
[[Page 134 STAT. 1182]]
Public Law 116-260
116th Congress
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2021, providing coronavirus emergency response and relief, and for
other purposes. <<NOTE: Dec. 27, 2020 - [H.R. 133]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2021.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2021''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8. Definition.
Sec. 9. Office of Management and Budget Reporting Requirement.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
[[Page 134 STAT. 1183]]
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
Title IX--General Provision--Emergency Funding
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2021
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Nita M. Lowey Middle East Partnership for Peace Act of 2020
Title IX--Emergency Funding and Other Matters
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I--Department of Transportation
[[Page 134 STAT. 1184]]
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS
ACT, 2021
DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS
Title I--Immigration Extensions
Title II--Commission on Black Men and Boys Corrections
Title III--U.S. Customs and Border Protection Authority to Accept
Donations Extension
Title IV--Livestock Mandatory Reporting Extension
Title V--Soil Health and Income Protection Pilot Program Extension
Title VI--United States-Mexico-Canada Agreement Implementation Act
Technical Corrections
Title VII--Deputy Architect of the Capitol Amendments
Title VIII--Pandemic Response Accountability Committee Amendments
Title IX--Adjustment of Status for Liberian Nationals Extension
Title X--Clean Up the Code Act of 2019
Title XI--Amendments to Provisions Relating to Child Care Centers
Title XII--Alaska Natives Extension
Title XIII-- Open Technology Fund Opportunity to Contest Proposed
Debarment
Title XIV--Budgetary Effects
DIVISION P--NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020
DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY
DIVISION R--PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING
SAFETY ACT OF 2020
DIVISION S--INNOVATION FOR THE ENVIRONMENT
DIVISION T--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT AND NATIONAL
MUSEUM OF THE AMERICAN LATINO
DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS
DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
DIVISION X--SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC
DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT
DIVISION Z--ENERGY ACT OF 2020
DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020
DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS
DIVISION CC--HEALTH EXTENDERS
DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT
DIVISION EE--TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020
DIVISION FF--OTHER MATTER
Title I--Continuing Education at Affected Foreign Institutions and
Modification of Certain Protections for Taxpayer Return
Information
Title II--Public Lands
Title III--Foreign Relations and Department of State Provisions
Title IV--Senate Sergeant at Arms Cloud Services
Title V-- Repeal of Requirement to Sell Certain Federal Property in Plum
Island, New York
[[Page 134 STAT. 1185]]
Title VI-- Preventing Online Sales of E-Cigarettes to Children
Title VII--FAFSA Simplification
Title VIII--Access to Death Information Furnished to or Maintained by
the Social Security Administration
Title IX--Telecommunications and Consumer Protection
Title X--Bankruptcy Relief
Title XI--Western Water and Indian Affairs
Title XII--Horseracing Integrity and Safety
Title XIII--Community Development Block Grants
Title XIV--COVID-19 Consumer Protection Act
Title XV--American COMPETE Act
Title XVI--Recording of Obligations
Title XVII--Sudan Claims Resolution
Title XVIII--Theodore Roosevelt Presidential Library Conveyance Act of
2020
Title XIX--United States-Mexico Economic Partnership Act
Title XX--Consumer Product Safety Commission Port Surveillance
Title XXI--COVID-19 Regulatory Relief and Work From Home Safety Act
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 21, 2020, and
submitted by the Chairwoman of the Committee on Appropriations of the
House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021.
SEC. 6. <<NOTE: President.>> AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
SEC. 7. <<NOTE: 2 USC 4501 note.>> ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2021.
SEC. 8. <<NOTE: 5 USC 5547 note.>> DEFINITION.
In divisions A through M of this Act, the term ``coronavirus'' means
SARS-CoV-2 or another coronavirus with pandemic potential.
[[Page 134 STAT. 1186]]
SEC. 9. <<NOTE: Estimates.>> OFFICE OF MANAGEMENT AND BUDGET
REPORTING REQUIREMENT.
Notwithstanding the ``7 calendar days'' requirement in section
251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act for fiscal year
2021 enacted before January 1, 2021, the Office of Management and Budget
shall transmit to the Congress its report under that section estimating
the discretionary budgetary effects of such Acts not later than January
15, 2021.
DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2021.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,998,000,
of which not to exceed $5,101,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,324,000 shall be available for
the Office of Homeland Security; not to exceed $7,002,000 shall be
available for the Office of Partnerships and Public Engagement, of which
$1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $22,321,000
shall be available for the Office of the Assistant Secretary for
Administration, of which $21,440,000 shall be available for Departmental
Administration to provide for necessary expenses for management support
services to offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided, That funds made available
by this Act to an agency in the Administration mission area for salaries
and expenses are available to fund up to one administrative support
staff for the Office; not to exceed $3,908,000 shall be available for
the Office of Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,342,000 shall be
available for the Office of Communications: Provided further, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of the
Office of the Secretary: Provided further, That no appropriation for
any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, That <<NOTE: Reimbursements.>> the amount made available under
this heading for Departmental Administration shall be reimbursed from
applicable
[[Page 134 STAT. 1187]]
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of the Assistant
Secretary for Congressional Relations and Intergovernmental Affairs may
be transferred to agencies of the Department of Agriculture funded by
this Act to maintain personnel at the agency level: Provided further,
That <<NOTE: Time period. Notification.>> no funds made available under
this heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of enactment of
this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That <<NOTE: Notification. Time
period.>> during any 30 day notification period referenced in section
716 of this Act, the Secretary of Agriculture shall take no action to
begin implementation of the action that is subject to section 716 of
this Act or make any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$24,192,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,394,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,629,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $66,814,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$6,109,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $908,000: Provided, That funds made available by this Act
to an agency in the Civil Rights mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $22,789,000.
[[Page 134 STAT. 1188]]
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $108,124,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $6,514,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $23,218,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), $99,912,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational expenses, including
the payment of informants, to be expended under the direction of the
Inspector General pursuant to the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,390,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,184,000.
[[Page 134 STAT. 1189]]
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $809,000: Provided, That funds made
available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$85,476,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $183,921,000, of which up to $46,300,000 shall be available
until expended for the Census of Agriculture: <<NOTE: Surveys.>>
Provided, That amounts made available for the Census of Agriculture may
be used to conduct Current Industrial Report surveys subject to 7 U.S.C.
2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,491,784,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the purchase
of not to exceed one for replacement only: Provided further,
That <<NOTE: 7 USC 2254.>> appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair
of buildings and improvements, but unless otherwise provided, the cost
of constructing any one building shall not exceed $500,000, except for
headhouses or greenhouses which shall each be limited to $1,800,000,
except for 10 buildings to be constructed or improved at a cost not to
exceed $1,100,000 each, and except for two buildings to be constructed
at a cost not to exceed $3,000,000 each, and the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, That <<NOTE: Contracts.>> appropriations
hereunder shall be available for entering into lease agreements at any
Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by the Agricultural
Research Service and a condition of the lease shall be that any facility
shall be owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That <<NOTE: Maryland.>> the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further,
[[Page 134 STAT. 1190]]
That appropriations hereunder shall be available for granting easements
at the Beltsville Agricultural Research Center: Provided further, That
the foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That <<NOTE: Easements.>> appropriations hereunder
shall be available for granting easements at any Agricultural Research
Service location for the construction of a research facility by a non-
Federal entity for use by, and acceptable to, the Agricultural Research
Service and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that acceptance of
the facility is in the interest of the United States: Provided further,
That funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating
any research facility or research project of the Agricultural Research
Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $35,700,000 to
remain available until expended, of which $11,200,000 shall be allocated
for ARS facilities co-located with university partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$992,642,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, Hispanic
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research
initiative, veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, and grants
management systems shall remain available until expended: Provided
further, That each institution eligible to receive funds under the
Evans-Allen program receives no less than $1,000,000: Provided further,
That <<NOTE: Grants. Alaska. Hawaii.>> funds for education grants for
Alaska Native and Native Hawaiian-serving institutions be made available
to individual eligible institutions or consortia of eligible
institutions with funds awarded equally to each of the States of Alaska
and Hawaii: Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible to receive
funds under 7 U.S.C. 3221 and 3222: Provided further, That not more
than 5 percent of the amounts made available by this or any other Act to
carry out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained
[[Page 134 STAT. 1191]]
by the Secretary of Agriculture to pay administrative costs incurred by
the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $538,447,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $39,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2022: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $809,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
[[Page 134 STAT. 1192]]
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,064,179,000, of which $478,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $13,597,000, to remain available until expended,
shall be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of which
$38,093,000, to remain available until expended, shall be for Animal
Health Technical Services; of which $2,009,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $63,213,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $196,553,000, to remain available until
expended, shall be for specialty crop pests; of which, $10,942,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $19,620,000, to remain available until
expended, shall be for zoonotic disease management; of which
$41,268,000, to remain available until expended, shall be for emergency
preparedness and response; of which $60,456,000, to remain available
until expended, shall be for tree and wood pests; of which $5,736,000,
to remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended: Provided
further, That of amounts <<NOTE: Kansas.>> available under this heading
for the screwworm program, $4,990,000 shall remain available until
expended; of which $20,252,000, to remain available until expended,
shall be used to carry out the science program and transition activities
for the National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That <<NOTE: Brucellosis eradication.>> no
funds shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further, That
this appropriation shall be available for the purchase, replacement,
operation, and maintenance of aircraft: Provided further, That in
addition, in emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections
[[Page 134 STAT. 1193]]
10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and
8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be merged
with such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.
In fiscal <<NOTE: Fees. Reimbursement.>> year 2021, the agency is
authorized to collect fees to cover the total costs of providing
technical assistance, goods, or services requested by States, other
political subdivisions, domestic and international organizations,
foreign governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is reasonably
based on the technical assistance, goods, or services provided to the
entity by the agency, and such fees shall be reimbursed to this account,
to remain available until expended, without further appropriation, for
providing such assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$188,358,000, of which $6,000,000 shall be available for the purposes of
section 12306 of Public Law 113-79: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may <<NOTE: Fees.>> be collected for the cost of
standardization activities, as established by regulation pursuant to law
(31 U.S.C. 9701), except for the cost of activities relating to the
development or maintenance of grain standards under the United States
Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That <<NOTE: Notification.>> if crop size is understated and/or other
uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations of
both Houses of Congress.
[[Page 134 STAT. 1194]]
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That <<NOTE: Notification.>> if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $809,000: Provided, That funds made available by this Act to an
agency in the Food Safety mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,075,703,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available until
expended: Provided further, That <<NOTE: Employment positions.>> no
fewer than 148 full-time equivalent positions shall be employed during
fiscal year 2021 for purposes dedicated solely to inspections and
enforcement related to the Humane Methods of Slaughter Act (7 U.S.C.
1901 et seq.): Provided further, That
[[Page 134 STAT. 1195]]
the Food Safety and Inspection Service shall continue implementation of
section 11016 of Public Law 110-246 as further clarified by the
amendments made in section 12106 of Public Law 113-79: Provided
further, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for Farm
Production and Conservation, $916,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $231,302,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,142,924,000,
of which not less than $15,000,000 shall be for the hiring of new
employees to fill vacancies and anticipated vacancies at Farm Service
Agency county offices and farm loan officers and shall be available
until September 30, 2022: <<NOTE: Notification. Expenditure plan. Cost
estimates.>> Provided, That not more than 50 percent of the funding
made available under this heading for information technology related to
farm program delivery may be obligated until the Secretary submits to
the Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates
[[Page 134 STAT. 1196]]
that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in accordance
with applicable lifecycle management policies and guidance, and (c)
subject to the applicable Department's capital planning and investment
control requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further,
That <<NOTE: Reports. Assessment.>> the agency shall submit a report by
the end of the fourth quarter of fiscal year 2021 to the Committees on
Appropriations and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current performance
of service level agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a detailed
breakdown of current and planned spending on operational enhancements or
upgrades, and (e) an assessment of whether the investment continues to
meet business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is authorized to use
the services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made available
to county committees shall remain available until expended: Provided
further, That none of the funds available to the Farm Service Agency
shall be used to close Farm Service Agency county offices: Provided
further, That <<NOTE: Notification. Approval.>> none of the funds
available to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an office with two
or fewer employees without prior notification and approval of the
Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $6,914,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
[[Page 134 STAT. 1197]]
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $3,300,000,000 for guaranteed farm
ownership loans and $2,500,000,000 for farm ownership direct loans;
$2,118,482,000 for unsubsidized guaranteed operating loans and
$1,633,333,000 for direct operating loans; emergency loans, $37,668,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; relending program, $33,693,000; Indian
highly fractionated land loans, $5,000,000; and for boll weevil
eradication program loans, $60,000,000: Provided, That <<NOTE: Pink
bollworm.>> the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $38,710,000 for direct
farm operating loans, $23,727,000 for unsubsidized guaranteed farm
operating loans, $207,000 for emergency loans, $5,000,000 for the
relending program, and $742,000 for Indian highly fractionated land
loans, to remain available until expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $307,344,000: Provided, That of
this amount, $294,114,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That <<NOTE: Notification. Time period.>> the Committees on
Appropriations of both Houses of Congress are notified at least 15 days
in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $60,131,000:
Provided, That $1,000,000 of the amount appropriated under this heading
in this Act shall be available for compliance and integrity activities
required under section 516(b)(2)(C) of the Federal Crop Insurance Act of
1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
[[Page 134 STAT. 1198]]
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$832,727,000, to remain available until September 30, 2022: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this heading,
$3,000,000 shall remain available until expended for planning and
implementation assistance associated with land treatment measures that
address flood damage reduction, bank stabilization and erosion control
in the watersheds identified under section 13 of the Flood Control Act
of December 22, 1944 (Public Law 78-534).
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and
1007-1009) and in accordance with the provisions of laws relating to the
activities of the Department, $175,000,000, to remain available until
expended: <<NOTE: Applicability.>> Provided, That for funds provided
by this Act or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty thousand
acres in which such activities can be undertaken shall only apply for
activities undertaken for the primary purpose of flood prevention
(including structural and land treatment measures): Provided further,
That of the amounts made available under this heading, $65,000,000 shall
be allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with a
primary purpose of watershed protection by preventing floodwater damage
and stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport: Provided
[[Page 134 STAT. 1199]]
further, That of the amounts made available under this heading,
$10,000,000 shall remain available until expended for the authorities
under 16 U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed
projects with a primary purpose of providing water to rural communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided.
CORPORATIONS <<NOTE: Contracts.>>
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $15,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
[[Page 134 STAT. 1200]]
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $812,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for salaries
and expenses are available to fund up to one administrative support
staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $264,024,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act, will
immediately be credited to this account and will remain available until
expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$1,000,000,000 shall be for direct loans and $24,000,000,000 shall be
for unsubsidized guaranteed loans; $28,000,000 for section 504 housing
repair loans; $40,000,000 for section 515 rental housing; $230,000,000
for section 538 guaranteed multi-family housing loans; $10,000,000 for
credit sales of single family housing acquired property; $5,000,000 for
section 523 self-help housing land development loans; and $5,000,000 for
section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $55,400,000 shall be for
direct loans; section 504 housing repair loans, $2,215,000; section 523
self-help housing land development loans, $269,000; section 524 site
development loans, $355,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $6,688,000: Provided,
That <<NOTE: Fees.>> to support the loan program level for section 538
guaranteed loans made available under this heading
[[Page 134 STAT. 1201]]
the Secretary may charge or adjust any fees to cover the projected cost
of such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of <<NOTE: Deadline.>> the amounts
available under this paragraph for section 502 direct loans, no less
than $5,000,000 shall be available for direct loans for individuals
whose homes will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing Act of
1949 until June 1, 2021: Provided further,
That <<NOTE: Incentives. Determination.>> the Secretary shall implement
provisions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep such
properties in the RHS multifamily housing program for a period of time
as determined by the Secretary, with such incentives to include, but not
be limited to, the following: allow such nonprofit entities and public
housing authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax credit
syndication, own contributions, grants, and developer loans at favorable
rates and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of asset referred
to as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.
1484, 1486), $15,093,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental <<NOTE: Time periods.>> assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $1,410,000,000, of which $40,000,000 shall be available
until September 30, 2022; and in addition such sums as may be necessary,
as authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That upon request by
an owner of a project financed by an existing loan under section 514 or
515 of the Act, the Secretary may renew the rental assistance agreement
for a period of 20 years or until the term of such
[[Page 134 STAT. 1202]]
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2021 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who are
not receiving such assistance: Provided further,
That <<NOTE: Applicability.>> such recaptured rental assistance shall,
to the extent practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act: Provided
further, That <<NOTE: Determination.>> except as provided in the fourth
proviso under this heading and notwithstanding any other provision of
the Act, the Secretary may recapture rental assistance provided under
agreements entered into prior to fiscal year 2021 for a project that the
Secretary determines no longer needs rental assistance and use such
recaptured funds for current needs.
multi-family <<NOTE: Vouchers. Loans.>> housing revitalization program
account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $68,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $40,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That <<NOTE: Determination.>> if the
Secretary determines that the amount made available for vouchers in this
or any other Act is not needed for vouchers, the Secretary may use such
funds for the demonstration program for the preservation and
revitalization of multi-family rental housing properties described in
this paragraph: Provided further, That of the funds made available
under this heading, $28,000,000 shall be available for a demonstration
program for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to restructure
existing USDA multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the project has
sufficient resources to preserve the project for the purpose of
providing safe and affordable housing
[[Page 134 STAT. 1203]]
for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances, payments and incentives (including the ability of owners to
obtain reasonable returns on investment) required by the Secretary:
Provided further, That <<NOTE: Contracts.>> the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That <<NOTE: Determination.>> if the Secretary determines that
additional funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration program may
be used for such vouchers: <<NOTE: Advance approval.>> Provided
further, That if Congress enacts legislation to permanently authorize a
multi-family rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use funds made
available for the demonstration program under this heading to carry out
such legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That in
addition to any other available funds, the Secretary may expend not more
than $1,000,000 total, from the program funds made available under this
heading, for administrative expenses for activities funded under this
heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $45,000,000, to remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $500,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$74,000,000, to remain available until expended: Provided, That
$6,000,000 of the amount appropriated under this heading shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Federally
Recognized Native American
[[Page 134 STAT. 1204]]
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $6,000,000 of the
amount appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That <<NOTE: Loans.>> of the amount
appropriated under this heading, $25,000,000 shall be available to cover
the subsidy costs for loans or loan guarantees under this heading:
Provided further, That if any such funds remain unobligated for the
subsidy costs after June 30, 2021, the unobligated balance may be
transferred to the grant programs funded under this
heading: <<NOTE: Loans.>> Provided further, That any unobligated
balances from prior year appropriations under this heading for the cost
of direct loans, loan guarantees and grants, including amounts
deobligated or cancelled, may be made available to cover the subsidy
costs for direct loans and or loan guarantees under this heading in this
fiscal year: Provided further, That no amounts may be made available
pursuant to the preceding proviso from amounts that were designated by
the Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That $5,000,000 of the amount
appropriated under this heading shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of such Act: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not applicable to
the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $56,400,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not to exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
2009aa et seq.), the Northern Border Regional Commission (40 U.S.C.
15101 et seq.), and the Appalachian Regional Commission (40 U.S.C. 14101
et seq.) for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of
[[Page 134 STAT. 1205]]
the amount appropriated under this heading shall be for business grants
to benefit Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to provide
technical assistance for rural transportation in order to promote
economic development: Provided further, That of the amount appropriated
under this heading, not to exceed $2,000,000 shall be for Rural Business
Development Grants in rural coastal communities, with priority given to
National Scenic Areas that were devastated by wildfires that are in need
of economic development assistance, to support innovation and job
growth: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $2,939,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2021, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2021, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to
[[Page 134 STAT. 1206]]
remain available until expended, shall be for value-added agricultural
product market development grants, as authorized by section 210A of the
Agricultural Marketing Act of 1946, of which $3,000,000, to remain
available until expended, shall be for Agriculture Innovation Centers
authorized pursuant to section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs
of loans, including the cost of modifying such loans, shall be defined
in section 502 of the Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $392,000: Provided, That
the cost of loan guarantees, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act, as
follows: $1,400,000,000 for direct loans; and $50,000,000 for guaranteed
loans.
For the cost of loan guarantees and grants, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, for rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$621,567,000, to remain available until expended, of which not to exceed
$1,000,000 shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to exceed
$5,000,000 shall be available for the rural utilities program described
in section 306E of such Act: Provided, That not to exceed $15,000,000
of the amount appropriated under this heading shall be for grants
authorized by section 306A(i)(2) of the Consolidated Farm and Rural
Development Act in addition to funding authorized by section 306A(i)(1)
of such Act: Provided further, That <<NOTE: Loans.>> $68,000,000 of
the amount appropriated under this heading shall be for loans and grants
including water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
[[Page 134 STAT. 1207]]
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further,
That <<NOTE: Alaska.>> not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for section
306D of the Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-83 for
training and technical assistance programs: Provided further,
That <<NOTE: Determination.>> not to exceed $35,000,000 of the amount
appropriated under this heading shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(14) of such
Act, unless the Secretary makes a determination of extreme need, of
which $8,000,000 shall be made available for a grant to a qualified
nonprofit multi-State regional technical assistance organization, with
experience in working with small communities on water and waste water
problems, the principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving the
planning, financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall be for a
qualified national Native American organization to provide technical
assistance for rural water systems for tribal communities: Provided
further, That <<NOTE: Contracts.>> not to exceed $20,157,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 of the amounts made available under this
heading shall be for solid waste management grants: Provided further,
That $10,000,000 of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) shall be transferred to and merged with the Rural Utilities
Service, High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7
U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant
to sections 305, 306, and 317, notwithstanding 317(c), of that Act,
rural electric, $5,500,000,000; guaranteed underwriting loans pursuant
to section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled
[[Page 134 STAT. 1208]]
electric generating plants (whether new or existing) that utilize carbon
subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $2,277,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$11,869,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $60,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by section 379G of the Consolidated Farm
and Rural Development Act: Provided further, That funding provided
under this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities that
meet all of the eligibility criteria for a consortium as established by
this section.
For the cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act, $2,000,000, to remain available until
expended: Provided, That <<NOTE: Loans.>> the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, $35,000,000, to remain available until expended, for
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $809,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $25,118,440,000 to remain available through September 30, 2022,
of which such sums as are made
[[Page 134 STAT. 1209]]
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall
be merged with and available for the same time period and purposes as
provided herein: Provided, That of the total amount available,
$18,004,000 shall be available to carry out section 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further,
That <<NOTE: Studies. Evaluations.>> of the total amount available,
$15,299,000 shall be available to carry out studies and evaluations and
shall remain available until expended: Provided further, That of the
total amount available, $30,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the total amount
available, $42,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010 (Public
Law 111-80): Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the
first sentence by striking ``2010 through 2021'' and inserting ``2010
through 2022'': Provided further, That section 9(h)(3) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
in the first sentence by striking ``For fiscal year 2020'' and inserting
``For fiscal year 2021'': Provided further, That section 9(h)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ``For fiscal year 2020'' and
inserting ``For fiscal year 2021''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available through
September 30, 2022: Provided, That <<NOTE: Breastfeeding.>>
notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17
of such Act: Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: <<NOTE: Waiver authority.>> Provided further, That upon
termination of a federally mandated vendor moratorium and subject to
terms and conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of which $3,000,000,000,
to remain available through September 30, 2023, shall be placed in
reserve for use only in such amounts and at
[[Page 134 STAT. 1210]]
such times as may become necessary to carry out program operations:
Provided, That funds provided herein shall be expended in accordance
with section 16 of the Food and Nutrition Act of 2008: Provided
further, That of the funds made available under this heading, $998,000
may be used to provide nutrition education services to State agencies
and Federally Recognized Tribes participating in the Food Distribution
Program on Indian Reservations: Provided further,
That <<NOTE: Workfare.>> this appropriation shall be subject to any
work registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available through September 30, 2022:
Provided further, That funds made available under this heading for
section 28(d)(1), section 4(b), and section 27(a) of the Food and
Nutrition Act of 2008 shall remain available through September 30, 2022:
Provided further, That with respect to funds made available under this
heading for section 28(d)(1), the Secretary shall use 2 percent for
administration, training and technical assistance, and pilot projects
under section 28: Provided further, That none of the funds made
available under this heading may be obligated or expended in
contravention of section 213A of the Immigration and Nationality Act (8
U.S.C. 1183A): Provided further,
That <<NOTE: Contracts. Studies. Evaluations.>> funds made available
under this heading may be used to enter into contracts and employ staff
to conduct studies, evaluations, or to conduct activities related to
program integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $426,700,000, to remain
available through September 30, 2022: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation
for commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2021 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2022: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs
associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$156,805,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171, as
amended by section 4401 of Public Law 110-246.
[[Page 134 STAT. 1211]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $887,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,805,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $221,835,000, of which no more than 6 percent shall remain
available until September 30, 2022, for overseas operations to include
the payment of locally employed staff: Provided, That the Service may
utilize advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation by the
Foreign Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of title
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act
of 1985, $112,000, shall be transferred to and merged with the
appropriation for ``Farm Production and Conservation Business Center,
Salaries and Expenses''.
[[Page 134 STAT. 1212]]
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,740,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $230,000,000, to remain available until expended: Provided,
That <<NOTE: Reimbursement.>> the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for the
purpose of implementing such section, subject to reimbursement from
amounts provided herein: Provided further, That of the amount made
available under this heading, not more than 10 percent, but not less
than $23,000,000, shall remain available until expended to purchase
agricultural commodities as described in subsection 3107(a)(2) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,381,000,
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $6,063,000 shall be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $318,000
shall be transferred to and merged with the appropriation for ``Farm
Production and Conservation Business Center, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose
[[Page 134 STAT. 1213]]
space in the District of Columbia or elsewhere; in addition to amounts
appropriated to the FDA Innovation Account, for carrying out the
activities described in section 1002(b)(4) of the 21st Century Cures Act
(Public Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the Secretary and to
be accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$5,876,025,000: Provided, That of the amount provided under this
heading, $1,107,199,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this account
and remain available until expended; $236,059,000 shall be derived from
medical device user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended;
$520,208,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $42,494,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available until
expended; $33,340,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $22,797,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2021 limitations are appropriated and shall
be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2021, including
any such fees collected prior to fiscal year 2021 but credited for
fiscal year 2021, shall be subject to the fiscal year 2021 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2021 of user fees specified under this heading and authorized for
fiscal year 2022, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2022 for which the Secretary
accepts payment in fiscal year 2021 shall not be included in amounts
under this heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,099,160,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs, of which no less than $15,000,000 shall be used
for inspections of foreign seafood manufacturers and field examinations
of imported seafood; (2) $1,996,126,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs; (3) $437,071,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office
[[Page 134 STAT. 1214]]
of Regulatory Affairs; (4) $244,350,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $609,121,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $66,712,000 shall be for the National Center
for Toxicological Research; (7) $681,513,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) $188,707,000 shall be for Rent and Related
activities, of which $52,944,000 is for White Oak Consolidation, other
than the amounts paid to the General Services Administration for rent;
(9) $235,112,000 shall be for payments to the General Services
Administration for rent; and (10) $318,153,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs,
the Office of Food Policy and Response, the Office of Operations, the
Office of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities: Provided further,
That of the amounts that are made available under this heading for
``other activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of Inspector General''
for oversight of the programs and operations of the Food and Drug
Administration and shall be in addition to funds otherwise made
available for oversight of the Food and Drug Administration: Provided
further, That <<NOTE: Advance approval.>> funds may be transferred from
one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-
party logistics provider licensing and inspection fees authorized by 21
U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C.
384d(c)(8), medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-the-counter
monograph drugs authorized by 21 U.S.C. 379j-72 shall be credited to
this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
demolition, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$12,788,000, to remain available until expended.
[[Page 134 STAT. 1215]]
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes under the heading ``Salaries and Expenses'',
$70,000,000, to remain available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts
transferred under section 1002(b)(2)(A) of such Act, and may be
transferred by the Commissioner of Food and Drugs to the appropriation
for ``Department of Health and Human Services Food and Drug
Administration Salaries and Expenses'' solely for the purposes provided
in such Act: Provided further, That <<NOTE: Determination.>> upon a
determination by the Commissioner that funds transferred pursuant to the
previous proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided further, That
such transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $80,400,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That <<NOTE: Notification.>> the
agency may exceed this limitation by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress:
Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the
Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit
Administration may exempt, an amount in its sole discretion, from the
application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other than
described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this purpose,
so long as the total number of vehicles purchased in fiscal year 2021
does not exceed the number of vehicles owned or leased in fiscal year
2018: Provided, That, <<NOTE: Determination.>> prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational
costs, and for the protection of life, property, and public
[[Page 134 STAT. 1216]]
safety: Provided further,
That <<NOTE: Notification. Approval. Deadline.>> the Secretary may not
increase the Department of Agriculture's fleet above the 2018 level
unless the Secretary notifies in writing, and receives approval from,
the Committees on Appropriations of both Houses of Congress within 30
days of the notification.
Sec. 702. Notwithstanding <<NOTE: Notifications. Advance
approvals.>> any other provision of this Act, the Secretary of
Agriculture may transfer unobligated balances of discretionary funds
appropriated by this Act or any other available unobligated
discretionary balances that are remaining available of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture, such transferred funds
to remain available until expended: Provided, That none of the funds
made available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available for
obligation without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to make any changes to the Department's
National Finance Center without written notification to and prior
approval of the Committees on Appropriations of both Houses of Congress
as required by section 716 of this Act: Provided further, That none of
the funds appropriated by this Act or made available to the Department's
Working Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer, co-
located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations of
both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the National Finance
Center Information Technology Services Division personnel and data
center management responsibilities, and control of any functions,
missions, and systems for current and future human resources management
and integrated personnel and payroll systems (PPS) and functions
provided by the Chief Financial Officer and the Chief Information
Officer shall remain in the National Finance Center and under the
management responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of Agriculture and
the offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow the
National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary shall
reserve not more than 4 percent for the replacement or acquisition of
capital equipment, including
[[Page 134 STAT. 1217]]
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unforeseen,
extraordinary cost of the National Finance Center: Provided further,
That none of the amounts reserved shall be available for obligation
unless the Secretary submits written notification of the obligation to
the Committees on Appropriations of both Houses of Congress: Provided
further, That <<NOTE: Determination.>> the limitations on the
obligation of funds pending notification to Congressional Committees
shall not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center; or
to evacuate employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No <<NOTE: Contracts.>> funds appropriated by this Act
may be used to pay negotiated indirect cost rates on cooperative
agreements or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent of the
total direct cost of the agreement when the purpose of such cooperative
arrangements is to carry out programs of mutual interest between the two
parties. This does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such indirect costs are
computed on a similar basis for all agencies for which appropriations
are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. None <<NOTE: Determination. Approvals.>> of the funds
made available to the Department of Agriculture by this Act may be used
to acquire new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer, without
the approval of the Chief Information Officer and the concurrence of the
Executive Information Technology Investment Review
Board: <<NOTE: Notification.>> Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That, notwithstanding section 11319 of title 40,
United States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of written
approval by the Chief Information Officer: Provided further, That the
Chief Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance plan
requirements described in the explanatory statement accompanying Public
Law 113-235.
[[Page 134 STAT. 1218]]
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2022, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2022, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by the
Agricultural Act of 2014 (Public Law 113-79) or by a successor to that
Act, other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
[[Page 134 STAT. 1219]]
Sec. 714. Notwithstanding subsection (b) of section 14222 of Public
Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section
14222''), none of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'')
in excess of $1,359,864,000 (exclusive of carryover appropriations from
prior fiscal years), as follows: Child Nutrition Programs Entitlement
Commodities-- $485,000,000; State Option Contracts-- $5,000,000; Removal
of Defective Commodities-- $2,500,000; Administration of Section 32
Commodity Purchases-- $36,746,000: Provided,
That <<NOTE: Notification. Time period.>> of the total funds made
available in the matter preceding this proviso that remain unobligated
on October 1, 2021, such unobligated balances shall carryover into
fiscal year 2022 and shall remain available until expended for any of
the purposes of section 32, except that any such carryover funds used in
accordance with clause (3) of section 32 may not exceed $350,000,000 and
may not be obligated until the Secretary of Agriculture provides written
notification of the expenditures to the Committees on Appropriations of
both Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover funds
authorized in any prior appropriations Act to be used for the purposes
of clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay the
salaries or expenses of any employee of the Department of Agriculture to
carry out clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2022 appropriations Act.
Sec. 716. (a) <<NOTE: Notifications. Approvals. Time periods.>>
None of the funds provided by this Act, or provided by previous
appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure through a reprogramming, transfer of
funds, or reimbursements as authorized by the Economy Act, or in the
case of the Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture Organic Act
of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C.
2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
[[Page 134 STAT. 1220]]
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this Act or
specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent of
the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of using the funds for these purposes.
[[Page 134 STAT. 1221]]
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture or the Secretary of
Health and Human Services receives from the Committee on Appropriations
of both Houses of Congress written or electronic mail confirmation of
receipt of the notification as required in this section.
Sec. 717. Notwithstanding <<NOTE: Fees.>> section 310B(g)(5) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)),
the Secretary may assess a one-time fee for any guaranteed business and
industry loan in an amount that does not exceed 3 percent of the
guaranteed principal portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be used to
transmit or otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of Agriculture,
non-Department of Health and Human Services, or non-Farm Credit
Administration employee.
Sec. 719. Unless <<NOTE: News stories. Notification.>> otherwise
authorized by existing law, none of the funds provided in this Act, may
be used by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States unless
the story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 720. No <<NOTE: Time period. Reimbursement.>> employee of the
Department of Agriculture may be detailed or assigned from an agency or
office funded by this Act or any other Act to any other agency or office
of the Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 721. Not <<NOTE: Deadline. Spending plan.>> later than 30
days after the date of enactment of this Act, the Secretary of
Agriculture, the Commissioner of the Food and Drug Administration, and
the Chairman of the Farm Credit Administration shall submit to the
Committees on Appropriations of both Houses of Congress a detailed
spending plan by program, project, and activity for all the funds made
available under this Act including appropriated user fees, as defined in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 722. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $1,250,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 723. For <<NOTE: Determination. Prisons and prisoners.>> the
purposes of determining eligibility or level of program assistance for
Rural Development programs the Secretary shall not include incarcerated
prison populations.
Sec. 724. For <<NOTE: Loans.>> loans and loan guarantees that do
not require budget authority and the program level has been established
in this Act, the Secretary of Agriculture may increase the program level
for such loans and loan guarantees by not more than 25
[[Page 134 STAT. 1222]]
percent: Provided, That <<NOTE: Notification. Time period.>> prior to
the Secretary implementing such an increase, the Secretary notifies, in
writing, the Committees on Appropriations of both Houses of Congress at
least 15 days in advance.
Sec. 725. None <<NOTE: Notification. Advance approval.>> of the
credit card refunds or rebates transferred to the Working Capital Fund
pursuant to section 729 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2002 (7
U.S.C. 2235a; Public Law 107-76) shall be available for obligation
without written notification to, and the prior approval of, the
Committees on Appropriations of both Houses of Congress: Provided, That
the refunds or rebates so transferred shall be available for obligation
only for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services, including cloud adoption and migration, of primary benefit to
the agencies of the Department of Agriculture.
Sec. 726. None <<NOTE: Regulations.>> of the funds made available
by this Act may be used to implement, administer, or enforce the
``variety'' requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program (SNAP)''
published by the Department of Agriculture in the Federal Register on
December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of
Agriculture amends the definition of the term ``variety'' as de fined in
section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in each
staple food category exceeds the number of such items in each staple
food category included in the final rule as published on December 15,
2016: Provided, That <<NOTE: Applicability. Effective date.>> until
the Secretary promulgates such regulatory amendments, the Secretary
shall apply the requirements regarding acceptable varieties and breadth
of stock to Supplemental Nutrition Assistance Program retailers that
were in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
have the same authority with respect to loans guaranteed under such
section and eligible lenders for such loans as the Secretary has under
subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2)
with respect to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 728. None <<NOTE: Health and health care. Electronic
records.>> of the funds made available by this Act may be used to
propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 729. None <<NOTE: Regulations. Alcohol and alcoholic
beverages.>> of the funds made available by this or any other Act may
be used to carry out the final rule promulgated by the Food and Drug
Administration and put into effect November
[[Page 134 STAT. 1223]]
16, 2015, in regards to the hazard analysis and risk-based preventive
control requirements of the current good manufacturing practice, hazard
analysis, and risk-based preventive controls for food for animals rule
with respect to the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic beverage
production process.
Sec. 730. There is hereby appropriated $11,000,000, to remain
available until expended, to carry out section 6407 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That <<NOTE: Loans.>> the Secretary may allow eligible entities, or
comparable entities that provide energy efficiency services using their
own billing mechanism to offer loans to customers in any part of their
service territory and to offer loans to replace a manufactured housing
unit with another manufactured housing unit, if replacement would be
more cost effective in saving energy.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) <<NOTE: Audits.>> conduct audits in a manner that
evaluates the following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) <<NOTE: Public information. Reports. Applicability.>>
promptly make publicly available the final reports of any audits
or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with United
States obligations under its international trade agreements.
Sec. 732. None of the funds made available by this Act may be used
to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner
inconsistent with section 343(a)(13) of the Consolidated Farm and Rural
Development Act.
Sec. 733. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the issuance
of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133),
or the renewal of such licenses, to class B dealers who sell dogs and
cats for use in research, experiments, teaching, or testing.
Sec. 734. (a)(1) <<NOTE: Iron and steel products.>> No Federal
funds made available for this fiscal year for the rural water, waste
water, waste disposal, and solid waste management programs authorized by
sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a
project for the construction, alteration, maintenance, or repair of a
public water or wastewater system unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definition.>> In this section, the term ``iron
and steel products'' means the following products made primarily
of iron or steel: lined or unlined pipes and fittings, manhole
covers and other municipal castings, hydrants, tanks, flanges,
pipe clamps and restraints, valves, structural steel, reinforced
precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section
[[Page 134 STAT. 1224]]
referred to as the ``Secretary'') or the designee of the Secretary finds
that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Public information. Records. Time period.>> If the
Secretary or the designee receives a request for a waiver under this
section, the Secretary or the designee shall make available to the
public on an informal basis a copy of the request and information
available to the Secretary or the designee concerning the request, and
shall allow for informal public input on the request for at least 15
days prior to making a finding based on the request. <<NOTE: Web
posting.>> The Secretary or the designee shall make the request and
accompanying information available by electronic means, including on the
official public Internet Web site of the Department.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) <<NOTE: Definitions.>> For purposes of this section, the terms
``United States'' and ``State'' shall include each of the several
States, the District of Columbia, and each Federally recognized Indian
tribe.
Sec. 735. None <<NOTE: Lobbying.>> of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for
direct loans and grants in section 730 and in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program Account'';
``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural
Housing Service--Rural Housing Assistance Grants''; ``Rural Housing
Service--Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program Account'';
``Rural Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Utilities Service--Rural Water and Waste Disposal
Program Account''; ``Rural Utilities Service--Rural Electrification and
Telecommunications Loans Program Account''; and ``Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband Program'', to
the maximum extent feasible, at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under this
section, including, notwithstanding any other
[[Page 134 STAT. 1225]]
provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed the
authorized population limit by more than 10 percent: Provided, That
for <<NOTE: Definition.>> purposes of this section, the term
``persistent poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average, or any territory or possession of the
United States: Provided further, That <<NOTE: Applicability.>> with
respect to specific activities for which program levels have been made
available by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 737. In addition to any other funds made available in this Act
or any other Act, there is appropriated $12,000,000 to carry out section
18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)), to remain available until expended: Provided, That
notwithstanding section 18(g)(3)(C) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769 (g)(3)(c)), the total grant amount
provided to a farm to school grant recipient in fiscal year 2021 shall
not exceed $500,000.
Sec. 738. There is hereby appropriated $5,000,000, to remain
available until September 30, 2022, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that provide
access to healthy food in underserved areas, to create and preserve
quality jobs, and to revitalize low-income communities.
Sec. 739. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $8,500,000, to remain
available until September 30, 2022, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 740. None <<NOTE: Human embryos.>> of the funds made
available by this Act may be used to notify a sponsor or otherwise
acknowledge receipt of a submission for an exemption for investigational
use of a drug or biological product under section 505(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of
the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include a
heritable genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption may not go
into effect.
Sec. 741. None <<NOTE: Regulations.>> of the funds made available
by this or any other Act may be used to enforce the final rule
promulgated by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect to the
regulation of entities that grow, harvest, pack, or hold wine grapes,
hops, pulse crops, or almonds.
Sec. 742. There is hereby appropriated $5,000,000, to remain
available until September 30, 2022, for a pilot program for the National
Institute of Food and Agriculture to provide grants to nonprofit
organizations for programs and services to establish and enhance farming
and ranching opportunities for military veterans.
Sec. 743. For <<NOTE: School breakfast.>> school years 2020-2021
and 2021-2022, none of the funds made available by this Act may be used
to implement or enforce the matter following the first comma in the
second
[[Page 134 STAT. 1226]]
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 744. None of the funds made available by this Act or any other
Act may be used--
(1) in contravention of section 7606 of the Agricultural Act
of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) <<NOTE: Hemp and hemp seeds.>> to prohibit the
transportation, processing, sale, or use of hemp, or seeds of
such plant, that is grown or cultivated in accordance with
subsection section 7606 of the Agricultural Act of 2014 or
Subtitle G of the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or cultivated.
Sec. 745. Out <<NOTE: Deadline. Fish and fishing.>> of amounts
appropriated to the Food and Drug Administration under title VI, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall, not later than September 30, 2021, and
following the review required under Executive Order No. 12866 (5 U.S.C.
601 note; relating to regulatory planning and review), issue advice
revising the advice provided in the notice of availability entitled
``Advice About Eating Fish, From the Environmental Protection Agency and
Food and Drug Administration; Revised Fish Advice; Availability'' (82
Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with
nutrition science recognized by the Food and Drug Administration on the
net effects of seafood consumption.
Sec. 746. There is hereby appropriated $2,500,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 747. There is hereby appropriated $2,000,000 to carry out
section 1621 of Public Law 110-246.
Sec. 748. There is hereby appropriated $3,000,000, to remain
available until September 30, 2022, to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for Tribal
Organizations.
Sec. 749. In <<NOTE: Contracts. Determination.>> addition to
amounts otherwise made available by this Act and notwithstanding the
last sentence of 16 U.S.C. 1310, there is appropriated $4,000,000, to
remain available until expended, to implement non-renewable agreements
on eligible lands, including flooded agricultural lands, as determined
by the Secretary, under the Water Bank Act (16 U.S.C. 1301-1311).
Sec. 750. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2021, an amount of funds made
available in title III under the headings of Rural Housing Insurance
Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing
Assistance Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program Account,
and Rural Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated
under such headings for REAP Zones.
Sec. 751. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
[[Page 134 STAT. 1227]]
Sec. 752. The <<NOTE: Waiver authority.>> Secretary of Agriculture
may waive the matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(g)).
Sec. 753. There <<NOTE: Determinations.>> is hereby appropriated
$2,000,000, to remain available until expended, for a pilot program for
the Secretary to provide grants to qualified non-profit organizations
and public housing authorities to provide technical assistance,
including financial and legal services, to RHS multi-family housing
borrowers to facilitate the acquisition of RHS multi-family housing
properties in areas where the Secretary determines a risk of loss of
affordable housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep such
properties in the RHS multi-family housing program for a period of time
as determined by the Secretary.
Sec. 754. There is hereby appropriated $7,000,000 to carry out
section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302
of Public Law 115-334.
Sec. 755. There is hereby appropriated $1,000,000, to remain
available until September 30, 2022, to carry out section 4208 of Public
Law 115-334.
Sec. 756. There is hereby appropriated $5,000,000 to carry out
section 12301 of Public Law 115-334.
Sec. 757. There is hereby appropriated $5,000,000 to carry out
section 1450 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
of Public Law 115-334.
Sec. 758. There is hereby appropriated $1,000,000 to carry out
section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
Sec. 759. In <<NOTE: Water. Determination. Time period.>> response
to an eligible community where the drinking water supplies are
inadequate due to a natural disaster, as determined by the Secretary,
including drought or severe weather, the Secretary may provide potable
water through the Emergency Community Water Assistance Grant Program for
an additional period of time not to exceed 120 days beyond the
established period provided under the Program in order to protect public
health.
Sec. 760. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 4206 of Public
Law 115-334.
Sec. 761. Funds <<NOTE: Determination.>> made available under
title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
used to provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place to ensure
that emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized or
inappropriate purposes.
Sec. 762. Notwithstanding <<NOTE: Compliance inspection.>> any
other provision of law, ARS facilities as described in the ``Memorandum
of Understanding Between the U.S. Department of Agriculture Animal and
Plant Health Inspection Service (APHIS) and the U.S. Department of
Agriculture Agricultural Research Service (ARS) Concerning Laboratory
Animal Welfare'' (16-6100-0103-MU Revision 16-1) shall
[[Page 134 STAT. 1228]]
be inspected by APHIS for compliance with the Animal Welfare Act and its
regulations and standards.
Sec. 763. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law 115-
334: Provided, That <<NOTE: Priority.>> the Secretary shall prioritize
the wetland compliance needs of areas with significant numbers of
individual wetlands, wetland acres, and conservation compliance
requests.
Sec. 764. None <<NOTE: Poultry products. China.>> of the funds
made available by this Act may be used to procure raw or processed
poultry products imported into the United States from the People's
Republic of China for use in the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42 U.S.C.
1766), the Summer Food Service Program for Children under section 13 of
such Act (42 U.S.C. 1761), or the school breakfast program under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
Sec. 765. There is hereby appropriated $1,000,000, for an
additional amount for ``Department of Health and Human Services--Food
and Drug Administration--Salaries and Expenses'' to remain available
until expended and in addition to amounts otherwise made available for
such purposes, for the development of research, education, and outreach
partnerships with academic institutions to study and promote seafood
safety.
Sec. 766. There is hereby appropriated $2,000,000, to remain
available until September 30, 2022, for the National Institute of Food
and Agriculture to issue a competitive grant to support the
establishment of an Agriculture Business Innovation Center at a
historically black college or university to serve as a technical
assistance hub to enhance agriculture-based business development
opportunities.
Sec. 767. For <<NOTE: Requirement. School lunches.>> school year
2021-2022, only a school food authority that had a negative balance in
the nonprofit school food service account as of December 31, 2020, shall
be required to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(p)).
Sec. 768. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 6424 of Public
Law 115-334.
Sec. 769. In addition to any funds made available in this Act or
any other Act, there is hereby appropriated $10,000,000, to remain
available until September 30, 2022, for grants from the National
Institute of Food and Agriculture to the 1890 Institutions to support
the Centers of Excellence.
Sec. 770. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program that assists rural hospitals to improve long-term
operations and financial health by providing technical assistance
through analysis of current hospital management practices.
Sec. 771. In addition to amounts otherwise made available by this
or any other Act, there is hereby appropriated $5,000,000, to remain
available until expended, to the Secretary for a pilot program to
provide grants to a regional consortium to fund technical assistance and
construction of regional wastewater systems for historically
impoverished communities that have had difficulty in
[[Page 134 STAT. 1229]]
installing traditional wastewater treatment systems due to soil
conditions.
Sec. 772. The <<NOTE: Deadlines. Notice. Regulations. Federal
Register, publications. Public comments.>> Secretary of Agriculture
shall--
(1) within 180 days of enactment of this Act publish a
notice of proposed rulemaking in the Federal Register seeking
public comments on the effects of lifting the stay issued on
July 31, 2013 (78 Fed. Reg. 46255) with consideration given to
changes in industry and the implementation of certain
rulemakings since the publication of the stay;
(2) take public comments on the notice for not more than 60
days; and
(3) not later than 180 days after the end of the comment
period, publish in the Federal Register the date upon which the
stay is lifted if such action is justified based on the comments
received.
Sec. 773. There is hereby appropriated $6,000,000, to remain
available until September 30, 2022, to carry out section 23 of the Child
Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000 shall be for
grants under such section to the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the United States Virgin
Islands, Guam, and American Samoa.
Sec. 774. Any <<NOTE: Grants.>> funds made available by this or
any other Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5921(g)(2)), as amended, shall be available for grants for
biotechnology risk assessment research: Provided, That the Secretary
may transfer such funds among appropriations of the Department of
Agriculture for purposes of making such grants.
Sec. 775. (a) There is hereby appropriated $531,000,000, to remain
available until expended, for an additional amount for section 779 of
Public Law 115-141.
(b) <<NOTE: Applicability.>> Section 313(b) of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be
applied for fiscal year 2021 and each fiscal year thereafter until the
specified funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition, the
Secretary shall use $425,000,000 of funds available in this subaccount
in fiscal year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by section 779
of Public Law 115-141, shall use $255,000,000 of funds available in this
subaccount in fiscal year 2020 for an additional amount for the same
purpose and under the same terms and conditions as funds appropriated by
section 779 of Public Law 115-141, and shall use $104,000,000 of funds
available in this subaccount in fiscal year 2021 for an additional
amount for the same purpose and under the same terms and conditions as
funds appropriated by section 779 of Public Law 115-141.'': Provided,
That any use of such funds shall be treated as a reprogramming of funds
under section 716 of this Act.
(c) Section 787(b) of division B of Public Law 116-94 shall no
longer apply.
Sec. 776. There is hereby appropriated $500,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115-334.
[[Page 134 STAT. 1230]]
Sec. 777. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public
Law 115-334.
Sec. 778. Notwithstanding <<NOTE: Genetic engineering.>> any other
provision of law, the acceptable market name of any engineered animal
approved prior to the effective date of the National Bioengineered Food
Disclosure Standard (February 19, 2019) shall include the words
``genetically engineered'' prior to the existing acceptable market name.
Sec. 779. For an additional amount for ``National Institute of Food
and Agriculture--Research and Education Activities'', $500,000, to
develop a public-private cooperative framework based on open data
standards for neutral data repository solutions to preserve and share
the big data generated by technological advancements in the agriculture
industry and for the preservation and curation of data in collaboration
with land-grant universities.
Sec. 780. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any staff
office or any agency from the mission area in which it was located on
August 1, 2018, to any other mission area or office within the
Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 781. There is hereby appropriated $10,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program to provide financial assistance for rural communities to
further develop renewable energy.
Sec. 782. Section 7605(b) of the Agriculture Improvement Act of
2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by striking
``September 30, 2021'' and inserting ``January 1, 2022''.
Sec. 783. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(i)(2)) is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
Sec. 784. Section <<NOTE: 132 Stat. 399.>> 779 of Public Law 115-
141 is amended by striking ``expansion efforts made'' and inserting
``service in a service area'' in the fourth proviso, and by inserting
``, unless such service area is not provided sufficient access to
broadband at the minimum service threshold'' after ``Rural Utilities
Service'' in the fourth proviso.
Sec. 785. In addition to amounts otherwise provided, there is
hereby appropriated $1,000,000, to remain available until expended, to
carry out activities authorized under subsections (a)(2) and (e)(2) of
Section 21 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769b-1(a)(2) and (e)(2)).
Sec. 786. The Secretary, acting through the Chief of the Natural
Resources Conservation Service, may use funds appropriated under this
Act for the Watershed and Flood Prevention Operations Program and the
Watershed Rehabilitation Program carried out pursuant to the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and for
the Emergency Watershed Protection Program carried out pursuant to
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
provide technical services for such programs pursuant to section
1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
Sec. 787. (a) <<NOTE: Determinations. Regulations. Exports and
imports. Shrimp. 21 USC 2105 note.>> The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs
(Commissioner), shall develop and, if it determines feasible, implement
[[Page 134 STAT. 1231]]
a number of options for regulating the export of shrimp to the United
States from other countries, including the three largest exporting
countries by volume to the United States over the last three calendar
years, such as sampling of products prior to export to the United
States, increasing foreign inspections of export facilities, increased
seafood importer inspections, foreign surveillance inspections at
overseas manufacturing sites, enhanced import screening, higher rates of
examination and sampling, use of third-party audits, and formal seafood
arrangements with foreign competent authorities.
(b) <<NOTE: Priority. Compliance.>> The Commissioner shall
especially give priority consideration to the following with the funds
appropriated--
(1) that appropriate controls are applied to shrimp feed and
production ponds, processing plants, and facilities throughout
the chain of distribution to determine compliance with seafood
safety requirements;
(2) dedicate its inspectional effort to determine compliance
with seafood arrangements, once established, from any dedicated
funds;
(3) <<NOTE: Reports.>> provide an annual report to the
Committee before the end of fiscal years 2021, 2022, and 2023
with the reporting requirement goal being to provide the
Committee information related to FDA's oversight of the safety
of shrimp products imported into the United States.
Sec. 788. There is hereby appropriated $1,000,000 to carry out the
duties of the working group established under section 770 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
89).
Sec. 789. None <<NOTE: Dairy and dairy products.>> of the funds
made available by this or any other act may be used to restrict the
offering of low-fat (1% fat) flavored milk in the National School Lunch
Program or School Breakfast Program, as long as such milk is not
inconsistent with the most recent Dietary Guidelines for Americans
published under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990.
Sec. 790. The <<NOTE: Plan. Deadline. Determination. Compliance.>>
Commissioner of the Food and Drug Administration shall develop a plan
within 180 days of enactment that would allow the Agency to identify,
detain and refuse all FDA regulated products originating from foreign
establishments that did not allow FDA investigators immediate physical
access to the registered establishment and its records to determine a
registered establishment's ongoing compliance with FDA laws and
regulations. Any foreign establishment that meets these criteria may be
placed on import alert. This import alert would be specific for this
foreign establishment, focusing on detaining all products from this
establishment.
Sec. 791. In <<NOTE: Determinations.>> administering the pilot
program established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary of
Agriculture may, for purposes of determining entities eligible to
receive assistance, consider those communities which are ``Areas Rural
in Character'': Provided, That not more than 10 percent of the funds
made available by section 775 may be used for this purpose.
Sec. 792. There is hereby appropriated $45,861,000 for the
Goodfellow Federal facility, to remain available until expended, of
which $20,000,000 shall be transferred to and merged with
[[Page 134 STAT. 1232]]
the appropriation for ``Office of the Chief Information Officer'',
$16,046,000 shall be transferred to and merged with the appropriation
for ``Food Safety and Inspection Service'', and of which $9,815,000
shall be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Sec. 793. Of the unobligated balances from prior year
appropriations made available under the heading ``Distance Learning,
Telemedicine, and Broadband Program'' for the cost of broadband loans,
as authorized by section 601 of the Rural Electrification Act,
$12,000,000 are hereby rescinded.
Sec. 794. Funds made available in the Consolidated Appropriations
Act, 2016 (Public Law 114-113) for the ``Rural Community Facilities
Program Account'' under section 306 of the Consolidated Farm and Rural
Development Act, 7 U.S.C. 1926, for the principal amount of direct loans
to eligible approved re-lenders are to remain available through fiscal
year 2026 for the liquidation of valid obligations incurred in fiscal
year 2016.
Sec. 795. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 796. Not <<NOTE: Review. Reports. Analyses.>> later than 1
year after the date of enactment of this Act, the National Academy of
Sciences, Engineering, and Medicine shall complete a review and provide
a report to the Secretary of Agriculture, the Secretary of Health and
Human Services, and the Congress, on the most recent edition of the
dietary guidelines for Americans that includes the following:
(1) A comparative analysis of the scientific methodologies,
review protocols, and evaluation processes used to develop the
most recently issued guidelines as compared to recommendations
included in the National Academy of Sciences, Engineering, and
Medicine September 2017 report entitled ``Redesigning the
Process for Establishing the Dietary Guidelines for Americans''.
(2) A comparative analysis of the scientific studies used to
develop such guidelines to determine the dietary needs of
Americans with diet-related metabolic diseases as compared to
the most current and rigorous scientific studies on diet and
diet-related metabolic diseases available.
(3) An analysis of how full implementation of the
recommendations described in paragraph (1) would have affected
the most recently issued guidelines.
Sec. 797. (a) <<NOTE: Cogongrass.>> There is hereby appropriated
$3,000,000, to remain available until expended, for a pilot program for
the Animal and Plant Health Inspection Service to provide grants to
State departments of agriculture and forestry commissions in states
identified in the final environmental assessment published in the
Federal Register on September 23, 2020 (85 Fed. Reg. 59735), to combat
and treat cogongrass through established cogongrass control programs.
(b) Any remaining unobligated balances of funds made available for
field crop and rangeland ecosystem pests under the heading
[[Page 134 STAT. 1233]]
``Animal and Plant Health Inspection Service--Salaries and Expenses'',
in the Consolidated Appropriations Act, 2019 (Public Law 116-6) and the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94), and
specifically provided as funds for APHIS to partner with states in the
control and eradication of the cogongrass weed in the conference report
accompanying Public Law 116-6 and in the explanatory statement described
in section 4 in the matter preceding division A of Public Law 116-94,
are hereby permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby appropriated, to
remain available until expended in addition to other funds as may be
available for such purposes, for the same purposes and under the same
conditions as the funds made available under subsection (a) of this
section.
(c) Not to exceed 2 percent of the funds provided under this section
shall be available for necessary costs of grant administration.
Sec. 798. For <<NOTE: Panel. Evaluation.>> an additional amount
for ``National Institute of Food and Agriculture--Research and Education
Activities'', $300,000, for the Under Secretary for Research, Education,
and Economics to convene a blue-ribbon panel for the purpose of
evaluating the overall structure of research and education through the
public and land-grant universities, including 1890 Institutions, to
define a new architecture that can better integrate, coordinate, and
assess economic impact of the collective work of these institutions.
Sec. 799. For <<NOTE: Grants.>> an additional amount for
``National Institute of Food and Agriculture--Research and Education
Activities'', $4,000,000, to remain available until September 30, 2022,
for a competitive grant to an institution in the land-grant university
system to establish a Farm of the Future testbed and demonstration site.
Sec. 799A. There is hereby appropriated $22,000,000, to remain
available until expended, to carry out section 12513 of Public Law 115-
334: Provided, That of the amounts made available, $20,000,000 shall be
for established dairy business innovation initiatives and the Secretary
shall take measures to ensure an equal distribution of funds between the
three regional innovation initiatives.
Sec. 799B. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31 U.S.C.
9701 after the date of the enactment of this Act.
Sec. 799C. (a) <<NOTE: Grants.>> Any remaining unobligated balances
of funds made available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--Office of the
Secretary'' in subsections (b) and (d) of section 791 of division B of
the Further Consolidated Appropriations Act, 2020 Public Law 116-94 for
block grants to eligible states and territories pursuant to the first
proviso under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the Secretary''
in the Additional Supplemental Appropriations for Disaster Relief Act of
2019 Public Law 116-20, as amended by subsection (c) of section 791 of
division B Public Law 116-94, may be made available for any of the other
purposes and under the same authorities and conditions for those
[[Page 134 STAT. 1234]]
purposes as the funds made available under such heading in such Act, and
for the purposes specified and under the same authorities and conditions
as in the first, second, third, and fourth provisos of subsection (b) of
section 791 of division B of Public Law 116-94: Provided,
That <<NOTE: Effective date.>> this section shall not be effective
before the award of the block grants that were announced prior to the
date of enactment of this Act: Provided further, That any block grant
amounts that were announced prior to the date of enactment of this Act
and are subsequently awarded shall not be returned to the Farm Service
Agency until the date specified in the grant agreement.
(b) Of the remaining unobligated balances of funds made available
under the heading ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the Secretary'' in the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136),
$1,000,000,000 shall be made available for the same purposes and under
the same authorities and conditions as the funds made available under
the heading ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the Secretary'' in the
Additional Supplemental Appropriations for Disaster Relief Act of 2019
(Public Law 116-20), as of December 19, 2019, and for the purposes
specified and under the same authorities and conditions as in the first,
second, third, and fourth provisos of subsection (b) of section 791 of
division B of Public Law 116-94.
(c) The amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to that section of that Act.
Sec. 799D. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
funds made available for this purpose, there is appropriated, out of any
money in the Treasury not otherwise appropriated, $635,000,000, to
remain available until September 30, 2022, to offset the loss resulting
from the coronavirus pandemic of quarantine and inspection fees
collected pursuant to sections 2508 and 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a): Provided,
That amounts made available in this section shall be treated as funds
collected by fees authorized under sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a)
for purposes of section 421(f) of the Homeland Security Act of 2002 (6
U.S.C. 231(f)): Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2021''.
[[Page 134 STAT. 1235]]
DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2021. Department of Commerce Appropriations
Act, 2021.>> JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2021
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens of
the United States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section 2672
of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $541,000,000, of which $70,000,000
shall remain available until September 30, 2022: Provided, That
$11,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided further, That, of amounts
provided under this heading, not less than $16,400,000 shall be for
China antidumping and countervailing duty enforcement and compliance
activities: Provided further,
That <<NOTE: Applicability. Assessments.>> the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
[[Page 134 STAT. 1236]]
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$133,000,000, to remain available until
expended: <<NOTE: Applicability.>> Provided, That the provisions of
the first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), as amended, $305,500,000 to remain available until expended, of
which $38,000,000 shall be for grants under such section 27 and
$2,000,000 shall be for grants under such section 28: Provided, That
any deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated balances
of funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $40,500,000: Provided, That
funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of 1976;
title II of the Trade Act of 1974; sections 27 and 28 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as
amended; and the Community Emergency Drought Relief Act of 1977.
[[Page 134 STAT. 1237]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprises, including
expenses of grants, contracts, and other agreements with public or
private organizations, $48,000,000, of which not more than $16,000,000
shall be available for overhead expenses, including salaries and
expenses, rent, utilities, and information technology services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$111,855,000, to remain available until September 30, 2022.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $288,403,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $818,241,000, to remain available until September
30, 2022: Provided, That, from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $3,556,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $45,500,000,
to remain available until September 30, 2022: Provided,
That, <<NOTE: Fees.>> notwithstanding 31 U.S.C. 1535(d), the Secretary
of Commerce shall charge Federal agencies for costs incurred in spectrum
management, analysis, operations, and related services, and such fees
shall be retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended: Provided
further, That the Secretary of Commerce is authorized to retain and use
as offsetting collections all funds transferred,
[[Page 134 STAT. 1238]]
or previously transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of NTIA, in
furtherance of its assigned functions under this paragraph, and such
funds received from other Government agencies shall remain available
until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,695,295,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2021, so as to result in a fiscal year 2021
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2021, should the total amount of such offsetting
collections be less than $3,695,295,000, this amount shall be reduced
accordingly: Provided further, That any amount received in excess of
$3,695,295,000 in fiscal year 2021 and deposited in the Patent and
Trademark Fee Reserve Fund shall remain available until expended:
Provided further, That <<NOTE: Spending plan.>> the Director of USPTO
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate for any amounts made available
by the preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That the budget of the
President submitted for fiscal year 2022 under section 1105 of title 31,
United States Code, shall include within amounts provided under this
heading for necessary expenses of the USPTO any increases that are
expected to result from an increase promulgated through rule or
regulation in offsetting collections of fees and surcharges assessed and
collected by the USPTO under any law in either fiscal year 2021 or
fiscal year 2022: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2021 for
official reception and representation expenses: Provided further, That
in fiscal year 2021 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary
[[Page 134 STAT. 1239]]
to pay (1) the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined by
section 8331(17) of that title) as provided by the Office of Personnel
Management (OPM) for USPTO's specific use, of basic pay, of employees
subject to subchapter III of chapter 83 of that title, and (2) the
present value of the otherwise unfunded accruing costs, as determined by
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are
enrolled in Federal Employees Health Benefits (FEHB) and Federal
Employees Group Life Insurance (FEGLI), shall be transferred to the
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the
Employees FEHB Fund, as appropriate, and shall be available for the
authorized purposes of those accounts: Provided further, That any
differences between the present value factors published in OPM's yearly
300 series benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $2,000,000 shall be transferred to
the ``Office of Inspector General'' account for activities associated
with carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $788,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$166,500,000, to remain available until expended, of which $150,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $16,500,000 shall be for the Manufacturing USA Program (formerly
known as the National Network for Manufacturing Innovation).
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by sections 13 through 15 of the
National Institute of Standards and Technology
[[Page 134 STAT. 1240]]
Act (15 U.S.C. 278c-278e), $80,000,000, to remain available until
expended: Provided, That <<NOTE: Budget estimates. 15 USC 1513b
note.>> the Secretary of Commerce shall include in the budget
justification materials for fiscal year 2022 that the Secretary submits
to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for State-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $3,840,300,000, to remain available until
September 30, 2022: Provided, That fees and donations received by the
National Ocean Service for the management of national marine sanctuaries
may be retained and used for the salaries and expenses associated with
those activities, notwithstanding section 3302 of title 31, United
States Code: Provided further, That in addition, $246,171,000 shall be
derived by transfer from the fund entitled ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'', which shall
only be used for fishery activities related to the Saltonstall-Kennedy
Grant Program; Fisheries Data Collections, Surveys, and Assessments;
Fisheries Management Programs and Services; and Interjurisdictional
Fisheries Grants: Provided further, That not to exceed $66,389,000
shall be for payment to the ``Department of Commerce Working Capital
Fund'': Provided further, That of the $4,103,971,000 provided for in
direct obligations under this heading, $3,840,300,000 is appropriated
from the general fund, $246,171,000 is provided by transfer, and
$17,500,000 is derived from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That in addition, for necessary
retired pay expenses under the Retired Serviceman's Family Protection
and Survivor Benefits Plan, and for payments for the medical care of
retired personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
[[Page 134 STAT. 1241]]
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,532,558,000, to remain available until
September 30, 2023, except that funds provided for acquisition and
construction of vessels and aircraft, and construction of facilities
shall remain available until expended: Provided, That of the
$1,545,558,000 provided for in direct obligations under this heading,
$1,532,558,000 is appropriated from the general fund and $13,000,000 is
provided from recoveries of prior year obligations: Provided further,
That any deviation from the amounts designated for specific activities
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: <<NOTE: Budget estimates. 15 USC 1513a note.>> Provided
further, That the Secretary of Commerce shall include in budget
justification materials for fiscal year 2022 that the Secretary submits
to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years: Provided further, That, within the amounts appropriated,
$2,000,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September 30,
2022: Provided, That, <<NOTE: Grants. State listing. Native
Americans. Guidelines.>> of the funds provided herein, the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and to the federally recognized Tribes
of the Columbia River and Pacific Coast (including Alaska), for projects
necessary for conservation of salmon and steelhead populations that are
listed as threatened or endangered, or that are identified by a State as
at-risk to be so listed, for maintaining populations necessary for
exercise of Tribal treaty fishing rights or native subsistence fishing,
or for conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of Commerce:
Provided further, That all funds shall be allocated based on scientific
and other merit principles and shall not be available for marketing
activities: Provided further, That funds disbursed to States shall be
subject to a matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.
[[Page 134 STAT. 1242]]
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2021, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $73,000,000: Provided, That
no <<NOTE: Time period. Reimbursement.>> employee of the Department of
Commerce may be detailed or assigned from a bureau or office funded by
this Act or any other Act to offices within the Office of the Secretary
of the Department of Commerce for more than 90 days in a fiscal year
unless the individual's employing bureau or office is fully reimbursed
for the salary and expenses of the employee for the entire period of
assignment using funds provided under this heading. Provided further,
That amounts made available to the Department of Commerce in this or any
prior Act may not be transferred pursuant to section 508 of this or any
prior Act to the account funded under this heading, except in the case
of extraordinary circumstances that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,123,000.
nonrecurring expenses fund
For necessary expenses for a business application system
modernization, $20,000,000, to remain available until September 30,
2023: Provided, That <<NOTE: Notification. Deadline.>> any unobligated
balances of expired discretionary funds transferred to the Department of
Commerce Nonrecurring Expenses Fund, as authorized by section 111 of
title I of division B of Public Law 116U93, may be obligated only after
the Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of the planned use of
funds.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $34,000,000: Provided, That notwithstanding section 6413
of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law
112-96), an additional $2,000,000, to remain available until expended,
shall be derived from the Public Safety
[[Page 134 STAT. 1243]]
Trust Fund for activities associated with carrying out investigations
and audits related to the First Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During <<NOTE: Certification.>> the current fiscal year,
applicable appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities specified in
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That <<NOTE: Notification. Deadline.>> the Secretary of
Commerce shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department
of Commerce.
Sec. 104. The <<NOTE: Incorporation by reference. Applicability. 33
USC 878a note.>> requirements set forth by section 105 of the Commerce,
Justice, Science, and Related Agencies Appropriations Act, 2012 (Public
Law 112-55), as amended by section 105 of title I of division B of
Public Law 113-6, are hereby adopted by reference and made applicable
with respect to fiscal year 2021: Provided, That the life cycle cost
for the Joint Polar Satellite System is $11,322,125,000, the life cycle
cost of the Polar Follow On Program is $6,837,900,000, the life cycle
cost for the Geostationary Operational Environmental Satellite R-Series
Program is $11,700,100,000, and the life cycle cost for the Space
Weather Follow On Program is $692,800,000.
Sec. 105. Notwithstanding any other provision of law, the Secretary
of Commerce may furnish services (including but not limited to
utilities, telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space that
persons, firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use or
occupy in the Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal
[[Page 134 STAT. 1244]]
Property and Administrative Services Act of 1949 on a reimbursable or
non-reimbursable basis. <<NOTE: Reimbursement.>> Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
Sec. 106. Nothing <<NOTE: Child pornography.>> in this title shall
be construed to prevent a grant recipient from deterring child
pornography, copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The <<NOTE: Reimbursement.>> Administrator of the
National Oceanic and Atmospheric Administration is authorized to use,
with their consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian Tribal government,
Territory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute administered
by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may be
accessed and downloaded for free online. Should a
customer <<NOTE: Records. Fee.>> still require the Service to provide a
printed or digital copy of the report or document, the charge shall be
limited to recovering the Service's cost of processing, reproducing, and
delivering such report or document.
Sec. 109. To <<NOTE: Grants. Contracts.>> carry out the
responsibilities of the National Oceanic and Atmospheric Administration
(NOAA), the Administrator of NOAA is authorized to: (1) enter into
grants and cooperative agreements with; (2) use on a non-reimbursable
basis land, services, equipment, personnel, and facilities provided by;
and (3) receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government,
Tribal government, Territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related regulatory
activities pursuant to this section shall be deposited under the heading
``National Oceanic and Atmospheric Administration--Operations, Research,
and Facilities'' and shall remain available until September 30, 2022,
for such purposes: Provided further, That all funds within this section
and their corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading ``National
[[Page 134 STAT. 1245]]
Institute of Standards and Technology--Industrial Technology Services''
shall not be subject to cost share requirements under 15 U.S.C.
278k(e)(2): Provided, That the authority made available pursuant to
this section shall be elective for any Manufacturing Extension
Partnership Center that also receives funding from a State that is
conditioned upon the application of a Federal cost sharing requirement.
Sec. 112. The <<NOTE: Waiver authority.>> Secretary of Commerce,
or the designee of the Secretary, may waive the matching requirements
under sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455,
1455a, and 1461) as necessary for amounts made available under this Act
under the heading ``Operations, Research, and Facilities'' under the
heading ``National Oceanic and Atmospheric Administration''.
Sec. 113. Of unobligated balances of amounts provided to the Bureau
of the Census under this or any prior appropriations Act, up to
$208,000,000 may be transferred to the Bureau of the Census Working
Capital Fund for information and business technology system
modernization and facilities infrastructure improvements necessary for
the operations of the Bureau: Provided, That the amounts previously
provided by the Congress for the 2020 Census remain available only for
the period of time as provided when initially enacted: Provided
further, That this transfer authority is in addition to any other
transfer authority in this Act: Provided further, That no amounts may
be transferred that were previously designated by the Congress for the
2020 Census pursuant to section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as
amended: <<NOTE: Notification. Deadline.>> Provided further, That such
amounts may be obligated only after the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of the planned use of funds.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2021''.
TITLE II <<NOTE: Department of Justice Appropriations Act, 2021.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $119,000,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$34,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information technology,
to remain available until expended,
[[Page 134 STAT. 1246]]
for enterprise-wide information technology initiatives: Provided
further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso shall
be treated as a reprogramming under section 505 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-related
activities of the Executive Office for Immigration Review, $734,000,000,
of which $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than $22,500,000 shall
be available for services and activities provided by the Legal
Orientation Program: Provided, That not to exceed $35,000,000 of the
total amount made available under this heading shall remain available
until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$110,565,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2022.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,539,000: <<NOTE: Term extension.>> Provided, That,
notwithstanding any other provision of law, upon the expiration of a
term of office of a Commissioner, the Commissioner may continue to act
until a successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; the administration of pardon and clemency petitions; and rent
of private or Government-owned space in the District of Columbia,
$960,000,000, of which not to exceed $20,000,000 for litigation support
contracts shall remain available until expended: Provided, That of the
amount provided for INTERPOL Washington dues payments, not to exceed
$685,000 shall remain available until expended: Provided further, That
of
[[Page 134 STAT. 1247]]
the total amount appropriated, not to exceed $9,000 shall be available
to INTERPOL Washington for official reception and representation
expenses: Provided further, That of the total amount appropriated, not
to exceed $9,000 shall be available to the Criminal Division for
official reception and representation expenses: Provided further,
That <<NOTE: Determination.>> notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That
of <<NOTE: Reimbursement.>> the amount appropriated, such sums as may
be necessary shall be available to the Civil Rights Division for
salaries and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and
to reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended: Provided further, That of the amount
appropriated, not less than $195,754,000 shall be available for the
Criminal Division, including related expenses for the Mutual Legal
Assistance Treaty Program.
In addition, for expenses of the Department of Justice associated
with processing cases under the National Childhood Vaccine Injury Act of
1986, not to exceed $17,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund and to remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $184,524,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $150,000,000 in fiscal year 2021), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2021, so as to result in a
final fiscal year 2021 appropriation from the general fund estimated at
$34,524,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,342,177,000: Provided, That of the total amount appropriated, not to
exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
[[Page 134 STAT. 1248]]
That each <<NOTE: Human trafficking.>> United States Attorney shall
establish or participate in a task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $232,361,000, to remain available until expended: Provided,
That, notwithstanding any other provision of law, deposits to the United
States Trustee System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, fees deposited into the Fund pursuant to section 589a(b) of
title 28, United States Code (as limited by section 1004(b) of the
Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-72)),
shall be retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That to
the extent that fees deposited into the Fund in fiscal year 2021, net of
amounts necessary to pay refunds due depositors, exceed $232,361,000,
those excess amounts shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund shall be
reduced (1) as such fees are received during fiscal year 2021, net of
amounts necessary to pay refunds due depositors, (estimated at
$318,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from amounts deposited in the Fund in
previous fiscal years that are not otherwise appropriated, so as to
result in a final fiscal year 2021 appropriation from the general fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,366,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$270,000,000, to remain available until expended, of which not to exceed
$16,000,000 is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and maintenance
of armored and other vehicles for witness security caravans; and not to
exceed $25,000,000 is for the purchase, installation, maintenance, and
upgrade of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses: Provided, That amounts made available under
this heading may not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$18,000,000: Provided, That <<NOTE: Determination.>> notwithstanding
section 205 of this
[[Page 134 STAT. 1249]]
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,496,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $2,046,609,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $117,451,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until
expended: <<NOTE: Determination.>> Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for the
activities
[[Page 134 STAT. 1250]]
of the National Security Division, the Attorney General may transfer
such amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $550,458,000, of
which $50,000,000 shall remain available until expended: Provided, That
any amounts obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,748,686,000, of which not to exceed $216,900,000 shall remain
available until expended: Provided, That not to exceed $284,000 shall
be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities, and sites by purchase, or as
otherwise authorized by law; conversion, modification, and extension of
federally owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $566,100,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in such
programs and the distribution of items of token value that promote the
goals of such programs,
[[Page 134 STAT. 1251]]
$2,336,263,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be available
for official reception and representation expenses: Provided, That,
notwithstanding <<NOTE: Reimbursement.>> section 3672 of Public Law
106-310, up to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses incurred
to clean up and safely dispose of substances associated with clandestine
methamphetamine laboratories, conversion and extraction operations,
tableting operations, or laboratories and processing operations for
fentanyl and fentanyl-related substances which may present a danger to
public health or the environment.
construction
For necessary expenses, to include the cost of preliminary planning
and design, equipment, furniture, and information technology
requirements, related to the construction or acquisition of buildings,
facilities, and sites by purchase, or as otherwise authorized by law,
for the addition of a laboratory and warehouse to meet the demand of
testing drugs, including fentanyl, $50,000,000, to remain available
until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement agencies
with or without reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire accelerants
detection; and for provision of laboratory assistance to State and local
law enforcement agencies, with or without reimbursement, $1,483,887,000,
of which not to exceed $36,000 shall be for official reception and
representation expenses, not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under section 925(c) of title
18, United States Code: Provided further, That such funds shall be
available to investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section 925(c) of
title 18, United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
[[Page 134 STAT. 1252]]
correctional institutions, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$7,708,375,000, of which not less than $409,483,000 shall be for the
programs and activities authorized by the First Step Act of 2018 (Public
Law 115-391): <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Department of Health and Human Services such
amounts as may be necessary for direct expenditures by that Department
for medical relief for inmates of Federal penal and correctional
institutions: <<NOTE: Contracts. Determination.>> Provided further,
That the Director of the Federal Prison System, where necessary, may
enter into contracts with a fiscal agent or fiscal intermediary claims
processor to determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to individuals
committed to the custody of the Federal Prison System: Provided
further, That not to exceed $5,400 shall be available for official
reception and representation expenses: Provided further, That not to
exceed $50,000,000 shall remain available until expended for necessary
operations: Provided further, That, of the amounts provided for
contract confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants, contracts and
reimbursable agreements, and other expenses: Provided further,
That <<NOTE: Donations.>> the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated such
program in the past, notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses, or
other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$127,000,000, to remain available until expended: Provided,
That <<NOTE: Prison labor.>> labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The <<NOTE: Contracts.>> Federal Prison Industries, Incorporated,
is hereby authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
[[Page 134 STAT. 1253]]
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
Rape Survivor Child Custody Act of 2015 (Public Law 114-22) (``the 2015
Act''); and the Abolish Human Trafficking Act (Public Law 115-392); and
for related victims services, $513,500,000, to remain available until
expended, of which $435,000,000 shall be derived by transfer from
amounts available for obligation in this Act from the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (34
U.S.C. 20101), notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this heading:
Provided, That except as otherwise provided by law, not to exceed 5
percent of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That any balances remaining available from prior year
appropriations under this heading for tracking violence against Indian
women, as authorized by section 905 of the 2005 Act, shall also be
available to enhance the ability of Tribal Government entities to
access, enter information into, and obtain information from, Federal
criminal information databases, as authorized by section 534 of title
28, United States Code: Provided further, That some or all of such
balances may be transferred, at the discretion of the Attorney General,
to ``General Administration, Justice Information Sharing Technology''
for the Tribal Access Program for national
[[Page 134 STAT. 1254]]
crime information in furtherance of this purpose: Provided further,
That the authority to transfer funds under the previous proviso shall be
in addition to any other transfer authority contained in this Act:
Provided further, That of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $40,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs;
(4) $12,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305 of the
1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent
of the total amount available for this grant program shall be
available for grants under the program authorized by section
2015 of the 1968 Act: <<NOTE: Applicability.>> Provided
further, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $41,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $45,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $47,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,500,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40801 of the 1994 Act;
(11) $18,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
[[Page 134 STAT. 1255]]
(12) $6,500,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist Tribal Governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21) (``the PROTECT Act'');
the Justice for All Act of 2004 (Public Law 108-405); the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); the Victims of Child Abuse Act
of 1990 (Public Law 101-647); the Second Chance Act of 2007 (Public Law
110-199); the Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); subtitle C of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); the Prison Rape
Elimination Act of 2003 (Public Law 108-79) (``PREA''); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180); the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198); the First Step Act of 2018 (Public Law 115-391); and other
programs, $82,000,000, to remain available until expended, of which--
(1) $45,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $3,000,000 is for a data collection on law
enforcement suicide; and
(2) $37,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
[[Page 134 STAT. 1256]]
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $6,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention; $1,000,000
is for research to study the root causes of school violence to
include the impact and effectiveness of grants made under the
STOP School Violence Act; $1,500,000 is for a national study to
identify improvements for law enforcement officials who respond
to and investigate child pornography crimes; $4,000,000 is for
the research, design, and testing of a scalable national model
to reduce incarceration rates for minor probation and parole
violations; and not less than $2,000,000 is for research,
testing, and evaluation of the use of counter-unmanned aircraft
systems in support of law enforcement operations.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle C of title II of
the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the Prison Rape Elimination Act of 2003 (Public Law 108-79); the
Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198)
(``CARA''); the Justice for All Reauthorization Act of 2016 (Public Law
114-324); Kevin and Avonte's Law (division Q of Public Law 115-141)
(``Kevin and Avonte's Law''); the Keep Young Athletes Safe Act of 2018
(title III of division S of Public Law 115-141) (``the Keep Young
Athletes Safe Act''); the STOP School Violence Act of 2018 (title V of
division S of Public Law 115-141) (``the STOP School Violence Act'');
the Fix NICS Act of 2018 (title VI of division S of Public Law 115-141);
the Project Safe Neighborhoods Grant Program Authorization Act of 2018
(Public Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); the Second Chance Reauthorization Act of 2018
(Public Law 115-
[[Page 134 STAT. 1257]]
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
(Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-401);
and other programs, $1,914,000,000, to remain available until expended
as follows--
(1) $484,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of title I
of the 1968 Act shall not apply for purposes of this Act), of
which, notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and
Survivability (VALOR);
(B) $8,000,000 is for an initiative to support
evidence-based policing;
(C) $8,000,000 is for an initiative to enhance
prosecutorial decision-making;
(D) $2,400,000 is for the operation, maintenance,
and expansion of the National Missing and Unidentified
Persons System;
(E) $7,500,000 is for a grant program for State and
local law enforcement to provide officer training on
responding to individuals with mental illness or
disabilities;
(F) $2,000,000 is for a student loan repayment
assistance program pursuant to section 952 of Public Law
110-315;
(G) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local
government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-79);
(H) $3,000,000 is for a grant program authorized by
Kevin and Avonte's Law;
(I) $4,000,000 is for the establishment of a
national center on forensics at an accredited university
of higher education with affiliate medical and law
schools, in partnership with a co-located full-service
State department of forensic science with a medical
examiner function;
(J) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115-185);
(K) $7,000,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426
of Public Law 108-405, and for grants for wrongful
conviction review;
(L) $14,000,000 is for community-based violence
prevention initiatives;
(M) $3,000,000 is for a national center for
restorative justice;
(N) $1,000,000 is for the purposes of the Ashanti
Alert Network as authorized under the Ashanti Alert Act
of 2018 (Public Law 115-401);
(O) $3,500,000 is for a grant program to replicate
family-based alternative sentencing pilot programs;
(P) $1,000,000 is for a grant program to support
child advocacy training in post-secondary education;
(Q) $7,000,000 is for a rural violent crime
initiative, including assistance for law enforcement;
[[Page 134 STAT. 1258]]
(R) $2,000,000 is for grants to States and units of
local government to deploy managed access systems to
combat contraband cell phone use in prison; and
(S) $2,000,000 is for grants for development of
child-friendly family visitation spaces in correctional
facilities;
(2) $244,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $12,000,000 for economic, high technology, white collar,
and Internet crime prevention grants, including as authorized by
section 401 of Public Law 110-403, of which $2,500,000 is for
competitive grants that help State and local law enforcement
tackle intellectual property thefts, and $2,000,000 is for
grants to develop databases on Internet of Things device
capabilities and to build and execute training modules for law
enforcement;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards for research,
testing, and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public Website;
(8) $85,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000 shall
be for grants made under the authorities of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of
2018;
(9) $33,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $141,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $110,000,000 is for the purposes authorized
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be used
for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section
303);
(B) $19,000,000 for other local, State, and Federal
forensic activities;
[[Page 134 STAT. 1259]]
(C) $8,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $48,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,500,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $46,000,000 for assistance to Indian Tribes;
(14) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007 (Public
Law 110-199) and by the Second Chance Reauthorization Act of
2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which not
to exceed $6,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies; $5,000,000 is for Children of Incarcerated Parents
Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or
recidivism reduction strategy; and $4,500,000 is for additional
replication sites employing the Project HOPE Opportunity
Probation with Enforcement model implementing swift and certain
sanctions in probation, of which no less than $500,000 shall be
used for a project that provides training, technical assistance,
and best practices: Provided, That up to $7,500,000 of funds
made available in this paragraph may be used for performance-
based awards for Pay for Success projects, of which up to
$5,000,000 shall be for Pay for Success programs implementing
the Permanent Supportive Housing Model;
(15) $394,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant, and
substance abuse reduction consistent with underlying program
authorities--
(A) $83,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $35,000,000 for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110-416);
(C) $34,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $25,000,000 for a veterans treatment courts
program;
(E) $32,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products; and
(F) $185,000,000 for a comprehensive opioid,
stimulant, and substance abuse program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
[[Page 134 STAT. 1260]]
(17) $79,000,000 for grants to be administered by the Bureau
of Justice Assistance for purposes authorized under the STOP
School Violence Act;
(18) $2,000,000 for grants to State and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses, involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-325);
(19) $5,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard and
James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-84);
and
(20) $90,000,000 for initiatives to improve police-community
relations, of which $35,000,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local, and Tribal law enforcement; $33,000,000 is for a justice
reinvestment initiative, for activities related to criminal
justice reform and recidivism reduction; and $22,000,000 is for
an Edward Byrne Memorial criminal justice innovation program:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Missing Children's
Assistance Act of 2018 (Public Law 115-267); the Juvenile Justice Reform
Act of 2018 (Public Law 115-385); and other juvenile justice programs,
$346,000,000, to remain available until expended as follows--
(1) $67,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local,
and Tribal juvenile justice residential facilities;
(2) $100,000,000 for youth mentoring grants;
[[Page 134 STAT. 1261]]
(3) $49,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $2,000,000 shall be for grants to prevent
trafficking of girls;
(B) $10,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $3,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(E) $10,000,000 shall be for an opioid-affected
youth initiative; and
(F) $8,000,000 shall be for an initiative relating
to children exposed to violence;
(4) $30,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $94,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the
1974 Act (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act);
(6) $3,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of the amounts designated under paragraphs (1) through (3) and
(6) may be used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the 1974 Act
and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: <<NOTE: Determination.>> Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for such
disability and education payments, the Attorney General may transfer
such amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
[[Page 134 STAT. 1262]]
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); the Law Enforcement Mental Health and Wellness
Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for Patients
and Communities Act (Public Law 115-271); and the Supporting and
Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the STOIC
Act''), $386,000,000, to remain available until expended: Provided,
That any balances made available through prior year deobligations shall
only be available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading--
(1) $237,000,000 is for grants under section 1701 of title I
of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director
of the Office of Community Oriented Policing Services grants a
waiver from this limitation: Provided further, That within the
amounts appropriated under this paragraph, $29,500,000 is for
improving Tribal law enforcement, including hiring, equipment,
training, anti-methamphetamine activities, and anti-opioid
activities: Provided further, That of the amounts appropriated
under this paragraph $40,000,000 is for regional information
sharing activities, as authorized by part M of title I of the
1968 Act, which shall be transferred to and merged with
``Research, Evaluation, and Statistics'' for administration by
the Office of Justice Programs: Provided further, That within
the amounts appropriated under this paragraph, no less than
$3,000,000 is to support the Tribal Access Program: Provided
further, That within the amounts appropriated under this
paragraph, $8,000,000 is for training, peer mentoring, mental
health program activities, and other support services as
authorized under the LEMHW Act and STOIC Act;
(2) $11,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $15,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
[[Page 134 STAT. 1263]]
That these funds shall be utilized for investigative purposes to
locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for purposes
authorized under the STOP School Violence Act (title V of
division S of Public Law 115-141); and
(6) $35,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None <<NOTE: Abortion.>> of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape or incest: Provided, That should this
prohibition be declared unconstitutional by a court of competent
jurisdiction, this section shall be null and void.
Sec. 203. None <<NOTE: Abortion.>> of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing <<NOTE: Abortion.>> in the preceding section
shall remove the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in this
section in any way diminishes the effect of section 203 intended to
address the philosophical beliefs of individual employees of the Bureau
of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None <<NOTE: Prisons and prisoners.>> of the funds made
available under this title may be used by the Federal Bureau of Prisons
or the United States Marshals Service for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) <<NOTE: Prisons and prisoners.>> None of the funds
appropriated by this Act may be used by Federal prisons to purchase
cable television services,
[[Page 134 STAT. 1264]]
or to rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None <<NOTE: Certification.>> of the funds made
available under this title shall be obligated or expended for any new or
enhanced information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy Attorney
General and the investment review board certify to the Committees on
Appropriations of the House of Representatives and the Senate that the
information technology program has appropriate program management
controls and contractor oversight mechanisms in place, and that the
program is compatible with the enterprise architecture of the Department
of Justice.
Sec. 209. The <<NOTE: Applicability.>> notification thresholds and
procedures set forth in section 505 of this Act shall apply to
deviations from the amounts designated for specific activities in this
Act and in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and to any use of
deobligated balances of funds provided under this title in previous
years.
Sec. 210. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used
by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to be
used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 213. Upon <<NOTE: Determination. Waiver authority.>> request
by a grantee for whom the Attorney General has determined there is a
fiscal hardship, the Attorney General may, with respect to funds
appropriated in this or any
[[Page 134 STAT. 1265]]
other Act making appropriations for fiscal years 2018 through 2021 for
the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act of
2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None <<NOTE: Firearms.>> of the funds made available
under this Act, other than for the national instant criminal background
check system established under section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901), may be used by a Federal law
enforcement officer to facilitate the transfer of an operable firearm to
an individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2021, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2021, and any use, obligation, transfer, or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2021, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under such authorities as have
been enacted for Performance Partnership Pilots in appropriations acts
in prior fiscal years and the current fiscal year.
Sec. 218. Section <<NOTE: Applicability. 28 USC 1930 note.>>
1930(a)(6)(B) of title 28, United States Code, shall be applied for this
fiscal year and next fiscal year by substituting `` $300,000,000'' for
`` $200,000,000''.
Sec. 219. Section 527 of title 28, United States Code, is amended
in the third sentence by inserting ``: (1)'' before ``the Department''
and by inserting ``; and (2) federally recognized tribes for supplies,
materials, and services related to access to Federal law enforcement
databases;'' after ``and services''.
[[Page 134 STAT. 1266]]
Sec. 220. Section 1825 of title 28, United States Code, is amended:
(a) in subsections (a) and (b) by striking ``United States marshal
for the district'' each place it appears and inserting ``Attorney
General''; and
(b) in subsection (c) by striking ``United States marshal'' and
inserting ``Attorney General''.
Sec. 221. Section 151 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note), is
amended--
(1) by striking ``or'' after ``Drug Enforcement
Administration'' and inserting ``, the''; and
(2) by inserting ``, or the United States Marshals Service''
after ``Federal Bureau of Investigation''.
Sec. 222. There is hereby appropriated $5,000,000, to remain
available until expended, for an additional amount for ``Department of
Justice--General Administration'', for expenses associated with the
development and operation of a database concerning substantiated
instances of excessive use of force related to law enforcement matters
and officer misconduct, as described by, and subject to the requirements
of, section 3 of Executive Order 13929 (June 16, 2020), as such
Executive Order was in effect on the date of the enactment of this Act:
Provided, That the Attorney General may transfer the funds provided in
this section to other appropriations accounts in the Department of
Justice to use for expenses associated with the development and
operation of such database: Provided further, That the transfer
authority in the preceding proviso is in addition to any other transfer
authority contained in this Act: Provided further, That any transfer
pursuant to the first proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Department of Justice
Appropriations Act, 2021''.
TITLE III <<NOTE: Science Appropriations Act, 2021.>>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses, and rental of
conference rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250 for
official reception and representation expenses, $1,965,000: Provided,
That notwithstanding any other provision
[[Page 134 STAT. 1267]]
of law, the National Space Council may accept personnel support from
Federal agencies, departments, and offices, and such Federal agencies,
departments, and offices may detail staff without reimbursement to the
National Space Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,301,000,000, to remain available until
September 30, 2022: Provided, That, $2,000,000,000 shall be for Earth
Science; $2,700,000,000 shall be for Planetary Science; $1,356,200,000
shall be for Astrophysics; $414,700,000 shall be for the James Webb
Space Telescope; $751,000,000 shall be for Heliophysics, and $79,100,000
shall be for Biological and Physical Science: Provided further, That
the National Aeronautics and Space Administration shall use the Space
Launch System (SLS) for the Europa Clipper mission if the SLS is
available and if torsional loading analysis has confirmed Clipper's
appropriateness for SLS: <<NOTE: Competition.>> Provided further,
That, if the conditions in the preceding proviso cannot be met, the
Administrator shall conduct a full and open competition, that is not
limited to the launch vehicles listed in the NLS-II contract of the
Launch Services Program as of the date of the enactment of this Act, to
select a commercial launch vehicle for Europa Clipper.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $828,700,000, to remain available until
September 30, 2022.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms
[[Page 134 STAT. 1268]]
or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $1,100,000,000, to remain
available until September 30, 2022: Provided, That $227,000,000 shall
be for RESTORE-L/SPace Infrastructure DExterous Robot: Provided
further, That $110,000,000 shall be for the development, production, and
demonstration of a nuclear thermal propulsion system, of which
$80,000,000 shall be for the design of a flight demonstration system:
Provided further, That, not <<NOTE: Deadline. Plan.>> later than 180
days after the enactment of this Act, the National Aeronautics and Space
Administration shall provide a plan for the design of a flight
demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,555,400,000, to remain available until
September 30, 2022: Provided, That not less than $1,406,700,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,585,900,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon landings:
Provided further, That of the amounts provided for SLS, not less than
$400,000,000 shall be for SLS Block 1B development including the
Exploration Upper Stage and associated systems including related
facilitization, to support an SLS Block 1B mission available to launch
in 2025 in addition to the planned Block 1 missions for Artemis 1
through Artemis 3: Provided further, That $590,000,000 shall be for
Exploration Ground Systems and associated Block 1B activities, including
$74,000,000 for a second mobile launch platform: <<NOTE: Budget
profile.>> Provided further, That the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated system that
includes the SLS, the Orion Multi-Purpose Crew Vehicle, and associated
ground systems that will ensure a crewed launch as early as possible, as
well as a system-based funding profile for a sustained launch cadence
that contemplates the use of an SLS Block 1B cargo variant and
associated ground systems: Provided further, That $1,972,800,000 shall
be for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development
[[Page 134 STAT. 1269]]
activities, including research, development, operations, support and
services; space flight, spacecraft control, and communications
activities, including operations, production, and services; maintenance
and repair, facility planning and design; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,988,200,000, to remain available until
September 30, 2022.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$127,000,000, to remain available until September 30, 2022, of which
$26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $51,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,936,500,000, to remain available until
September 30, 2022: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327) up to $1,000,000 shall be
available from amounts made available under this heading to make such
grant disbursements.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
[[Page 134 STAT. 1270]]
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $390,278,000, to remain available until
September 30, 2026: <<NOTE: Contracts. Time period. 51 USC 20145
note.>> Provided, That proceeds from leases deposited into this
account shall be available for a period of 5 years to the extent and in
amounts as provided in annual appropriations Acts: Provided further,
That such proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2021 in an amount not to exceed
$18,700,000: Provided further, That
each <<NOTE: Deadline. Estimate. Proposal. 51 USC 30103 note.>> annual
budget request shall include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to section
20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $44,200,000, of which
$500,000 shall remain available until September 30, 2022.
administrative provisions
(including transfers of funds)
Funds <<NOTE: 51 USC 20144 note.>> for any announced prize
otherwise authorized shall remain available, without fiscal year
limitation, until a prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than 20 percent. Balances so
transferred shall be merged with and available for the same purposes and
the same time period as the appropriations to which transferred. Any
transfer pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expenditure
in fiscal year 2021 may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers. Any transfer
pursuant to this provision shall retain its original availability and
shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in compliance with
the procedures set forth in that section.
The <<NOTE: Spending plan.>> spending plan required by this Act
shall be provided by the National Aeronautics and Space Administration
at the theme, program, project, and activity level. The spending plan,
as well as any subsequent change of an amount established in that
spending plan that meets the notification requirements of section 505 of
this Act, shall be treated as a reprogramming under section
[[Page 134 STAT. 1271]]
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Not <<NOTE: Plan.>> more than 40 percent of the amounts made
available in this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; Human Landing System; and
Lunar Discovery and Exploration, excluding the Lunar Reconnaissance
Orbiter, may be obligated until the Administrator submits a multi-year
plan to the Committees on Appropriations of the House of Representatives
and the Senate that identifies estimated dates, by fiscal year, for
Space Launch System flights to build the Gateway; the commencement of
partnerships with commercial entities for additional LEO missions to
land humans and rovers on the Moon; and conducting additional scientific
activities on the Moon. The multi-year plan shall include key milestones
to be met by fiscal year to achieve goals for each of the lunar programs
described in the previous sentence and funding required by fiscal year
to achieve such milestones, as well as funding provided in fiscal year
2021 and previous years.
Of the amounts provided for Exploration Systems Development,
$25,000,000 shall be transferred to Construction and Environmental
Compliance and Restoration (CECR) for Exploration Construction of
Facilities consistent with direction provided in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act). The authority provided by this paragraph is in
addition to the authority provided by the second paragraph under this
heading.
Not more than 20 percent or $50,000,000, whichever is less, of the
amounts made available in the current-year CECR appropriation may be
applied to CECR projects funded under previous years' CECR appropriation
Acts. Use of current-year funds under this provision shall be treated as
a reprogramming of funds under section 505 of this act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,909,769,000, to remain available
until September 30, 2022, of which not to exceed $544,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation.
[[Page 134 STAT. 1272]]
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $241,000,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics, and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms in
the District of Columbia, $968,000,000, to remain available until
September 30, 2022.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
services authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $345,640,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal year 2021 for
maintenance and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of 1950
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,500,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $17,850,000, of which
$400,000 shall remain available until September 30, 2022.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but
[[Page 134 STAT. 1273]]
no such appropriation shall be increased by more than 10 percent by any
such transfers. Any transfer pursuant to this paragraph shall be treated
as a reprogramming of funds under section 505 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
The <<NOTE: Notification. Deadline.>> Director of the National
Science Foundation (NSF) shall notify the Committees on Appropriations
of the House of Representatives and the Senate at least 30 days in
advance of any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or any NSF
capital assets (including land, structures, and equipment) valued
greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act, 2021''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $12,500,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than 75
billable days, with the exception of the chairperson, who is permitted
125 billable days: Provided further, That <<NOTE: Donations.>> the
Chair may accept and use any gift or donation to carry out the work of
the Commission: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the
preceding proviso, $500,000 shall be used to separately fund the
Commission on the Social Status of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$31,500,000 for payments to State and local enforcement agencies for
authorized
[[Page 134 STAT. 1274]]
services to the Commission, $404,490,000: Provided, That the Commission
is authorized to make available for official reception and
representation expenses not to exceed $2,250 from available funds:
Provided further, That <<NOTE: Workforce proposals. Notification.>> the
Commission may take no action to implement any workforce repositioning,
restructuring, or reorganization until such time as the Committees on
Appropriations of the House of Representatives and the Senate have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: <<NOTE: Donations.>> Provided
further, That the Chair may accept and use any gift or donation to carry
out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to exceed $2,250
for official reception and representation expenses, $103,000,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $465,000,000, of
which $425,500,000 is for basic field programs and required independent
audits; $5,500,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $23,000,000 is for management and grants oversight;
$4,250,000 is for client self-help and information technology;
$4,750,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan
repayment assistance: Provided, That the Legal Services Corporation may
continue to provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States
Code, notwithstanding section 1005(d) of the Legal Services Corporation
Act (42 U.S.C. 2996d(d)): <<NOTE: Applicability.>> Provided further,
That the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided further, That,
for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2020 and 2021, respectively.
[[Page 134 STAT. 1275]]
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,769,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $55,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
$7,000,000, of which $500,000 shall remain available until September 30,
2022: Provided, That not to exceed $2,250 shall be available for
official reception and representation expenses: Provided further, That,
for the purposes of section 505 of this Act, the State Justice Institute
shall be considered an agency of the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No <<NOTE: Propaganda.>> part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 134 STAT. 1276]]
Sec. 503. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract, pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. None <<NOTE: Notifications. Deadline.>> of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2021, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes or
renames offices, programs, or activities; (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; (7) augments existing programs, projects, or activities in
excess of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or numbers of
personnel by 10 percent; or (8) results from any general savings,
including savings from a reduction in personnel, which would result in a
change in existing programs, projects, or activities as approved by
Congress; unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) <<NOTE: Definition.>> The term ``promotional items'' has the
meaning given the term in OMB Circular A-87, Attachment B, Item
(1)(f)(3).
Sec. 507. (a) <<NOTE: Reports.>> The Departments of Commerce and
Justice, the National Science Foundation, and the National Aeronautics
and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at the
account level. For unobligated, uncommitted balances and unobligated,
committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
[[Page 134 STAT. 1277]]
which the balances were derived. For balances that are obligated, but
unexpended, the quarterly reports shall separately identify amounts by
the year of obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation of
a current accounting system, the department or agency shall fulfill such
aspect to the maximum extent practicable under such accounting system
and shall identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: <<NOTE: Transfer authority.>> Provided, That the authority to
transfer funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: <<NOTE: Applicability. Loans. Grants.>> Provided further,
That for the Department of Commerce, this section shall also apply to
actions taken for the care and protection of loan collateral or grant
property.
Sec. 509. None <<NOTE: Tobacco and tobacco products.>> of the
funds provided by this Act shall be available to promote the sale or
export of tobacco or tobacco products, or to seek the reduction or
removal by any foreign country of restrictions on the marketing of
tobacco or tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the same type.
Sec. 510. Notwithstanding <<NOTE: 34 USC 20101 note.>> any other
provision of law, amounts deposited or available in the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (34
U.S.C. 20101) in any fiscal year in excess of $2,015,000,000 shall not
be available for obligation until the following fiscal year: Provided,
That notwithstanding section 1402(d) of such Act, of the amounts
available from the Fund for obligation: (1) $10,000,000 shall be
transferred to the Department of Justice Office of Inspector General and
remain available until expended for oversight and auditing purposes
associated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to improve
services for victims of crime.
Sec. 511. None <<NOTE: Discrimination.>> of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) <<NOTE: Audits. Reports.>> The Inspectors General of
the Department of Commerce, the Department of Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
and
[[Page 134 STAT. 1278]]
the Legal Services Corporation shall conduct audits, pursuant to the
Inspector General Act (5 U.S.C. App.), of grants or contracts for which
funds are appropriated by this Act, and shall submit reports to Congress
on the progress of such audits, which may include preliminary findings
and a description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) <<NOTE: Deadline. Public information. Web posting.>> Within 60
days after the date on which an audit described in subsection (a) by an
Inspector General is completed, the Secretary, Attorney General,
Administrator, Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available in
redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) <<NOTE: Certification.>> Any person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(d) <<NOTE: Effective
date. Consultation. Determination. Applicability.>> The provisions of
the preceding subsections of this section shall take effect 30 days
after the date on which the Director of the Office of Management and
Budget, in consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and requirements,
substantially similar to the requirements in such subsections,
consistently apply under the executive branch ethics program to all
Federal departments, agencies, and entities.
Sec. 514. (a) <<NOTE: Reviews. Science and technology.>> None of
the funds appropriated or otherwise made available under this Act may be
used by the Departments of Commerce and Justice, the National
Aeronautics and Space Administration, or the National Science Foundation
to acquire a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information Processing
Standard Publication 199, ``Standards for Security Categorization of
Federal Information and Information Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) <<NOTE: Consultation. Assessment. Cyber
threats. China. Iran. North Korea. Russia.>> in consultation
with the FBI or other appropriate Federal entity, conducted an
assessment of any risk of cyber-espionage or sabotage associated
with the acquisition of such system, including any risk
associated with such system being produced, manufactured, or
assembled by one or more entities identified by the United
States Government as posing a cyber
[[Page 134 STAT. 1279]]
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) <<NOTE: Consultations.>> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high-
impact or moderate-impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
(1) <<NOTE: Mitigation strategy.>> developed, in
consultation with NIST, the FBI, and supply chain risk
management experts, a mitigation strategy for any identified
risks;
(2) <<NOTE: Determination.>> determined, in consultation
with NIST and the FBI, that the acquisition of such system is in
the national interest of the United States; and
(3) <<NOTE: Reports.>> reported that determination to the
Committees on Appropriations of the House of Representatives and
the Senate and the agency Inspector General.
Sec. 515. None <<NOTE: Torture.>> of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 517. None <<NOTE: National security letter.>> of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair Credit Reporting
Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
Sec. 518. If <<NOTE: Notifications.>> at any time during any
quarter, the program manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more than
$75,000,000 has reasonable cause to believe that the total program cost
has increased by 10 percent or more, the program manager shall
immediately inform the respective Secretary, Administrator, or
Director. <<NOTE: Deadline. Determination. Cost estimates.>> The
Secretary, Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of such increase,
and shall include in such notice: the date on which such determination
was made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of the
project; changes made in the performance or schedule milestones and the
degree to which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the total project
or procurement costs; and a statement validating
[[Page 134 STAT. 1280]]
that the project's management structure is adequate to control total
project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for fiscal year 2021.
Sec. 520.
None <<NOTE: Contracts. Grants. Certification. Taxes. Time periods.>>
of the funds appropriated or otherwise made available by this Act may be
used to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 521. (a) <<NOTE: Deadlines.>> Of the unobligated balances from
prior year appropriations available to the Department of Commerce, the
following funds are hereby permanently rescinded, not later than
September 30, 2021, from the following accounts in the specified
amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby permanently rescinded, not later
than September 30, 2021, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $188,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $80,000,000 including from, but not limited to, fees
collected to defray expenses for the automation of fingerprint
identification and criminal justice information services and
associated costs;
(3) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $127,000,000; and
(4) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000.
(c) <<NOTE: Reports.>> The Departments of Commerce and Justice
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report no later than September 1, 2021,
specifying the amount of each rescission made pursuant to subsections
(a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall not be
from amounts that were designated by the Congress as
[[Page 134 STAT. 1281]]
an emergency or disaster relief requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 522. None <<NOTE: Airline travel.>> of the funds made
available in this Act may be used to purchase first class or premium
airline travel in contravention of sections 301-10.122 through 301-
10.124 of title 41 of the Code of Federal Regulations.
Sec. 523. None <<NOTE: Conference attendees.>> of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees from a Federal department or
agency, who are stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) <<NOTE: Determination. Notification. Deadline.>> such
conference is a scientific conference and the department or
agency head determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
House of Representatives and the Senate within at least 15 days
of that determination and the basis for that determination.
Sec. 524. The <<NOTE: Grants. Performance plan. Reports.>>
Director of the Office of Management and Budget shall instruct any
department, agency, or instrumentality of the United States receiving
funds appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance plan and
performance and accountability reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) <<NOTE: Time period.>> In the preceding 3 fiscal years,
details on the total number of expired grant accounts with
undisbursed balances (on the first day of each fiscal year) for
the department, agency, or instrumentality and the total
finances that have not been obligated to a specific project
remaining in the accounts.
Sec. 525. To <<NOTE: Light bulbs.>> the extent practicable, funds
made available in this Act should be used to purchase light bulbs that
are ``Energy Star'' qualified or have the ``Federal Energy Management
Program'' designation.
Sec. 526. (a) <<NOTE: China.>> None of the funds made available by
this Act may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology Policy
(OSTP), or the National Space Council (NSC) to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this Act.
[[Page 134 STAT. 1282]]
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) <<NOTE: Consultation. Certification.>> The limitations
described in subsections (a) and (b) shall not apply to activities which
NASA, OSTP, or NSC, after consultation with the Federal Bureau of
Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) <<NOTE: Deadline.>> Any certification made under subsection (c)
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of Investigation,
no later than 30 days prior to the activity in question and shall
include a description of the purpose of the activity, its agenda, its
major participants, and its location and timing.
Sec. 527. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, Tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication, or other law enforcement- or victim assistance-related
activity.
Sec. 528. The <<NOTE: Spending plans. Deadline.>> Departments of
Commerce and Justice, the National Aeronautics and Space Administration,
the National Science Foundation, the Commission on Civil Rights, the
Equal Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the United
States Trade Representative, the National Space Council, and the State
Justice Institute shall submit spending plans, signed by the respective
department or agency head, to the Committees on Appropriations of the
House of Representatives and the Senate not later than 45 days after the
date of enactment of this Act.
Sec. 529. Notwithstanding <<NOTE: Contracts.>> any other provision
of this Act, none of the funds appropriated or otherwise made available
by this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or
for performance that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None <<NOTE: State listing. Territories. Medical
marijuana.>> of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York,
[[Page 134 STAT. 1283]]
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or
with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, or
Puerto Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or cultivation of
medical marijuana.
Sec. 532. The <<NOTE: Reports. China.>> Department of Commerce,
the National Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate on any
official travel to China by any employee of such Department or agency,
including the purpose of such travel.
Sec. 533. None <<NOTE: Termination date. Determination.>> of the
funds provided in this Act shall be available for obligation for the
James Webb Space Telescope (JWST) after December 31, 2021, if the
individual identified under subsection (c)(2)(E) of section 30104 of
title 51, United States Code, as responsible for JWST determines that
the formulation and development costs (with development cost as defined
under section 30104 of title 51, United States Code) are likely to
exceed $8,802,700,000, unless the program is modified so that the costs
do not exceed $8,802,700,000.
Sec. 534. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public Works
grants authorized by the Public Works and Economic Development Act of
1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided,
That <<NOTE: Definition.>> for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most recent
Small Area Income and Poverty Estimates, or any Territory or possession
of the United States.
Sec. 535. None <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 536. (a) <<NOTE: Detainees. Cuba.>> None of the funds
appropriated or otherwise made available in this or any other Act may be
used to construct, acquire, or modify any facility in the United States,
its territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
[[Page 134 STAT. 1284]]
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 537. (a) <<NOTE: Exports and imports. Canada. Firearms.>>
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) <<NOTE: President. Determination. Federal Register,
publication.>> The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government of Canada
has implemented or maintained inadequate import controls for the
articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in
international terrorism or in the escalation of a conflict in another
nation. The President <<NOTE: Termination.>> shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
Sec. 538. Notwithstanding <<NOTE: Firearms. Ammunition.>> any
other provision of law, no department, agency, or instrumentality of the
United States receiving appropriated funds under this Act or any other
Act shall obligate or expend in any way such funds to pay administrative
[[Page 134 STAT. 1285]]
expenses or the compensation of any officer or employee of the United
States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
for a permit to import United States origin ``curios or relics''
firearms, parts, or ammunition.
Sec. 539. None <<NOTE: Exports and imports. Firearms.>> of the
funds made available by this Act may be used to pay the salaries or
expenses of personnel to deny, or fail to act on, an application for the
importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Sec. 540. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 541. For an additional amount for ``United States Marshals
Service, Federal Prisoner Detention'', $125,000,000, to remain available
until expended, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including for necessary expenses
related to United States prisoners in the custody of the United States
Marshals Service, to be used only as authorized by section 4013 of title
18, United States Code: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 542. For an additional amount for ``Federal Bureau of
Investigation, Salaries and Expenses'', $179,000,000, to remain
available until September 30, 2022, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, including the impact of
coronavirus on the work of the Department of Justice, to make necessary
improvements to the National Instant Criminal Background Check System,
and to offset the loss resulting from the coronavirus pandemic of fees
collected pursuant to section 41104 of title 34, United States Code:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 543. For an additional amount for ``Federal Prison System,
Salaries and Expenses'', $300,000,000, to remain available until
September 30, 2022, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the impact of coronavirus on
the work of the Department of Justice: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2021''.
[[Page 134 STAT. 1286]]
DIVISION C--DEPARTMENT <<NOTE: Department of Defense Appropriations Act,
2021.>> OF DEFENSE APPROPRIATIONS ACT, 2021
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $44,861,853,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $33,764,579,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $14,557,436,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $32,784,171,000.
[[Page 134 STAT. 1287]]
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,037,119,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,200,600,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $843,564,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $2,193,493,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard
[[Page 134 STAT. 1288]]
while on duty under sections 10211, 10302, or 12402 of title 10 or
section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$8,663,999,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,530,091,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,418,982,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $47,632,527,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the Navy,
and payments may be made upon his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$7,286,184,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
[[Page 134 STAT. 1289]]
$33,528,409,000: Provided, That not to exceed $7,699,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$2,492,114,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$39,048,990,000: Provided, That not more than $3,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the Secretary
of Defense, and payments may be made upon his certificate of necessity
for confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $48,000,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $4,500,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of
the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $18,000,000, to
remain available until expended, is available only for expenses relating
to certain classified activities, and may be transferred as necessary by
the Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That of the funds provided under
this heading, $656,140,000, of which $434,630,000, to remain available
until September 30, 2022, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided further, That
the <<NOTE: Deadline. Notification.>> Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in this
section for International Security Cooperation Programs, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That <<NOTE: Reports.>> the Secretary of
Defense shall provide quarterly
[[Page 134 STAT. 1290]]
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this paragraph: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $2,887,898,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,115,150,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $283,494,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,268,461,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,350,837,000.
[[Page 134 STAT. 1291]]
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,785,853,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $15,211,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$264,285,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Navy,
$421,250,000, to remain available until transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and to be available
[[Page 134 STAT. 1292]]
for the same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Air Force,
$509,250,000, to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of Defense,
$19,952,000, to remain available until transferred: Provided, That the
Secretary of Defense shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of Defense, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$288,750,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for
[[Page 134 STAT. 1293]]
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris at sites formerly used by the
Department of Defense, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $147,500,000, to remain available until
September 30, 2022: Provided, That such amounts shall not be subject to
the limitation in section 407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $360,190,000, to remain
available until September 30, 2023.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $88,181,000, to remain available for obligation until September
30, 2021: Provided, That no other amounts may be otherwise credited or
transferred to the Account, or deposited into the Account, in fiscal
year 2021 pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other
[[Page 134 STAT. 1294]]
expenses necessary for the foregoing purposes, $3,457,342,000, to remain
available for obligation until September 30, 2023.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,220,541,000, to remain available for obligation until
September 30, 2023.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $3,611,887,000, to
remain available for obligation until September 30, 2023.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,790,140,000, to remain available for obligation until
September 30, 2023.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing
[[Page 134 STAT. 1295]]
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $8,603,112,000, to remain available for obligation
until September 30, 2023.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$19,480,280,000, to remain available for obligation until September 30,
2023.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $4,477,773,000, to remain available for obligation
until September 30, 2023.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $792,023,000, to remain available for obligation until
September 30, 2023.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway;
[[Page 134 STAT. 1296]]
procurement of critical, long lead time components and designs for
vessels to be constructed or converted in the future; and expansion of
public and private plants, including land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $2,869,024,000;
Columbia Class Submarine (AP), $1,253,175,000;
Carrier Replacement Program (CVN-80), $958,933,000;
Carrier Replacement Program (CVN-81), $1,606,432,000;
Virginia Class Submarine, $4,603,213,000;
Virginia Class Submarine (AP), $2,173,187,000;
CVN Refueling Overhauls, $1,531,153,000;
CVN Refueling Overhauls (AP), $17,384,000;
DDG-1000 Program, $78,205,000;
DDG-51 Destroyer, $3,219,843,000;
DDG-51 Destroyer (AP), $159,297,000;
FFG-Frigate, $1,053,123,000;
LPD Flight II, $1,125,801,000;
LPD 32 (AP), $1,000,000;
LPD 33 (AP), $1,000,000;
Expeditionary Sea Base (AP), $73,000,000;
LHA Replacement, $500,000,000;
Expeditionary Fast Transport, $260,000,000;
TAO Fleet Oiler, $20,000,000;
Towing, Salvage, and Rescue Ship, $157,790,000;
LCU 1700, $87,395,000;
Service Craft, $244,147,000;
LCAC SLEP, $56,461,000;
Auxiliary Vessels, $60,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $752,005,000; and
Completion of Prior Year Shipbuilding Programs,
$407,312,000.
In all: $23,268,880,000, to remain available for obligation until
September 30, 2025: Provided, That additional obligations may be
incurred after September 30, 2025, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That
none <<NOTE: Vessels.>> of the funds provided under this heading for
the construction or conversion of any naval vessel to be constructed in
shipyards in the United States shall be expended in foreign facilities
for the construction of major components of such vessel: Provided
further, That <<NOTE: Vessels.>> none of the funds provided under this
heading shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That funds appropriated or
otherwise made available by this Act for Columbia Class Submarine (AP)
may be available for the purposes authorized by subsections (f), (g),
(h) or (i) of section 2218a of title 10, United States Code, only in
accordance with the provisions of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including
[[Page 134 STAT. 1297]]
the land necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $10,512,209,000, to remain
available for obligation until September 30, 2023: Provided, That such
funds are also available for the maintenance, repair, and modernization
of Pacific Fleet ships under a pilot program established for such
purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $2,648,375,000, to remain available for obligation until
September 30, 2023.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $19,212,753,000, to remain available for
obligation until September 30, 2023.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,142,181,000, to remain
available for obligation until September 30, 2023.
[[Page 134 STAT. 1298]]
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $550,844,000, to remain available for obligation until
September 30, 2023.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $23,441,648,000, to remain available for
obligation until September 30, 2023.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,310,994,000, to remain
available for obligation until September 30, 2023.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-
[[Page 134 STAT. 1299]]
owned equipment layaway, $5,837,347,000, to remain available for
obligation until September 30, 2023.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $174,639,000, to remain available until
expended: Provided, That no less than $60,000,000 of the funds provided
under this heading shall be obligated and expended by the Secretary of
Defense in behalf of the Department of Defense as if delegated the
necessary authorities conferred by the Defense Production Act of 1950.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $13,969,032,000, to
remain available for obligation until September 30, 2022.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $20,078,829,000, to
remain available for obligation until September 30, 2022: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $36,357,443,000, to
remain available for obligation until September 30, 2022.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $10,540,069,000, to
remain available until September 30, 2022.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment,
[[Page 134 STAT. 1300]]
$25,932,671,000, to remain available for obligation until September 30,
2022.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $257,120,000, to remain available for obligation until
September 30, 2022.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,473,910,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$33,684,607,000; of which $30,747,659,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2022, and of which up to
$16,008,365,000 may be available for contracts entered into under the
TRICARE program; of which $544,369,000, to remain available for
obligation until September 30, 2023, shall be for procurement; and of
which $2,392,579,000, to remain available for obligation until September
30, 2022, shall be for research, development, test and evaluation:
Provided, That, notwithstanding any other provision of law, of the
amount made available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research, development,
test and evaluation, not less than $1,489,000,000 shall be made
available to the United States Army Medical Research and Development
Command to carry out the congressionally directed medical research
programs: Provided further, That <<NOTE: Reports.>> the Secretary of
Defense shall submit to the congressional defense committees quarterly
reports on the current status of the deployment of the electronic health
record: Provided further, That <<NOTE: Notice. Deadline. Time
period.>> the Secretary of Defense shall provide notice to the
congressional defense committees not later than 10 business days after
delaying the proposed timeline of such deployment if such delay is
longer than 1 week: <<NOTE: Reviews.>> Provided further, That the
Comptroller General of the United States shall perform quarterly
performance reviews of such deployment.
[[Page 134 STAT. 1301]]
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,049,800,000, of which $106,691,000 shall
be for operation and maintenance, of which no less than $51,009,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,235,000 for activities on military installations and
$28,774,000, to remain available until September 30, 2022, to assist
State and local governments; $616,000 shall be for procurement, to
remain available until September 30, 2023, of which not less than
$616,000 shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and $942,493,000, to
remain available until September 30, 2022, shall be for research,
development, test and evaluation, of which $935,999,000 shall only be
for the Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $914,429,000, of which $567,003,000
shall be for counter-narcotics support; $127,704,000 shall be for the
drug demand reduction program; $194,211,000 shall be for the National
Guard counter-drug program; and $25,511,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That <<NOTE: Determination.>>
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $375,439,000, of which $373,483,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon the
Inspector General's certificate of necessity for confidential military
purposes; of which $858,000, to remain available for obligation until
September 30, 2023, shall be for procurement; and of which $1,098,000,
to remain available
[[Page 134 STAT. 1302]]
until September 30, 2022, shall be for research, development, test and
evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $633,719,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No <<NOTE: Propaganda.>> part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 8002. During <<NOTE: 10 USC 1584 note.>> the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That <<NOTE: Turkey.>> the limitations
of this provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No <<NOTE: Time period.>> more than 20 percent of the
appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
[[Page 134 STAT. 1303]]
(transfer of funds)
Sec. 8005. Upon <<NOTE: Determination.>> determination by the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of
Management and Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made available in
this Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen military
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress: <<NOTE: Notification.>> Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act: Provided
further, That <<NOTE: Reprogramming requests.>> no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That <<NOTE: Reprogramming requests. Deadline.>> a request for
multiple reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2021: Provided further, That
transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds that
may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: <<NOTE: Applicability.>>
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. (a) <<NOTE: Reports.>> Not later than 60 days after
enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2021: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
[[Page 134 STAT. 1304]]
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That
transfers <<NOTE: Determination. Approval. Notification.>> may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer: Provided
further, That except <<NOTE: Notification.>> in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8009. Funds <<NOTE: Notification. Deadline.>> appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None <<NOTE: Contracts. Notifications. Deadlines. 10 USC
2306b note.>> of the funds provided in this Act shall be available to
initiate: (1) a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year of the contract or
that includes an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in excess of
$20,000,000 in any one year, unless the congressional defense committees
have been notified at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation contained in this
Act shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
[[Page 134 STAT. 1305]]
least to the limits of the Government's liability: Provided further,
That no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any systems or
component thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided
further, That no multiyear procurement contract can be terminated
without 30-day prior notification to the congressional defense
committees: <<NOTE: Analysis. Determination.>> Provided further, That
the execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds provided in this
Act may be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract--
(1) <<NOTE: Budget request.>> the Secretary of Defense has
submitted to Congress a budget request for full funding of units
to be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for which
procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal
year covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within <<NOTE: Humanitarian assistance. Territories.>>
the funds appropriated for the operation and maintenance of the Armed
Forces, funds are hereby appropriated pursuant to section 401 of title
10, United States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. <<NOTE: Reports.>>
Such funds may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to authority
granted in section 401 of title 10, United States Code, and these
obligations shall be reported as required by section 401(d) of title 10,
United States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99-239:
Provided further, That <<NOTE: Determination. Hawaii.>> upon a
determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed solely on the
basis of any constraint or limitation in terms of man years, end
strength, full-time equivalent positions, or maximum number
[[Page 134 STAT. 1306]]
of employees, but are to be managed primarily on the basis of, and in a
manner consistent with--
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) <<NOTE: Workforce reduction. Analysis.>> None of the funds
appropriated by this Act may be used to reduce the civilian workforce
programmed full time equivalent levels absent the appropriate analysis
of the impacts of these reductions on workload, military force
structure, lethality, readiness, operational effectiveness, stress on
the military force, and fully burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes of
subsection (a) and reducing funding for under-execution of such a
projection shall not be considered managing based on a constraint or
limitation for purposes of such subsection.
(d) <<NOTE: Budget request. Effective date.>> The fiscal year 2022
budget request for the Department of Defense, and any justification
material and other documentation supporting such request, shall be
prepared and submitted to Congress as if subsections (a) and (b) were
effective with respect to such fiscal year.
(e) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None <<NOTE: Lobbying.>> of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That <<NOTE: Applicability.>> this
section applies only to active components of the Army.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for any fiscal year
after fiscal year 2021 (as submitted to Congress pursuant to section
1105 of title 31, United States Code) a description of
[[Page 134 STAT. 1307]]
each transfer under this section that occurred during the last fiscal
year before the fiscal year in which such budget is submitted.
Sec. 8016. None <<NOTE: Anchor and mooring chain.>> of the funds
in this Act may be available for the purchase by the Department of
Defense (and its departments and agencies) of welded shipboard anchor
and mooring chain 4 inches in diameter and under unless the anchor and
mooring chain are manufactured in the United States from components
which are substantially manufactured in the United States: Provided,
That for <<NOTE: Definition.>> the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: <<NOTE: Waiver
authority. Certification.>> Provided further, That when adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the Service responsible
for the procurement may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that such an acquisition must be
made in order to acquire capability for national security purposes.
Sec. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8018. None <<NOTE: Alcohol and alcoholic beverages.>> of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases may
be made in any State in which the installation is located: Provided
further, That <<NOTE: Applicability.>> such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8019. None <<NOTE: Arms and munitions. Certification.>> of
the funds available to the Department of Defense may be used to
demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles,
.22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to
demilitarize or destroy small arms ammunition or ammunition components
that are not otherwise prohibited from commercial sale under Federal
law, unless the small arms
[[Page 134 STAT. 1308]]
ammunition or ammunition components are certified by the Secretary of
the Army or designee as unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital
Region: <<NOTE: Waiver authority. Certification.>> Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the congressional defense committees that
such a relocation is required in the best interest of the Government.
Sec. 8021. In <<NOTE: Contracts.>> addition to the funds provided
else-where in this Act, $25,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code, or
a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making appropriations for the Department of Defense with respect to any
fiscal year: <<NOTE: Applicability.>> Provided further, That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8023. During <<NOTE: Kuwait.>> the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8024. The <<NOTE: Notifications. Deadlines.>> Secretary of
Defense shall notify the congressional defense committees in writing not
more than 30 days after the receipt of any contribution of funds
received from the government of a foreign country for any purpose
relating to the stationing or operations of the United States Armed
Forces: Provided, That such notification shall include the amount of
the contribution; the purpose for which such contribution was made; and
the authority under which such contribution was accepted by the
Secretary of Defense: Provided further, That not fewer than 15 days
prior to obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification of
[[Page 134 STAT. 1309]]
the planned use of such contributions, including whether such
contributions would support existing or new stationing or operations of
the United States Armed Forces.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $56,205,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $43,205,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $11,200,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,800,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2021, not more than 6,053
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That, within such funds for 6,053 staff years, funds
shall be available only for 1,148 staff years for the defense studies
and analysis FFRDCs: Provided further, That this subsection shall not
apply to staff years funded in the National Intelligence Program (NIP)
and the Military Intelligence Program (MIP).
(e) <<NOTE: Reports. Budget estimates.>> The Secretary of Defense
shall, with the submission of the department's fiscal year 2022 budget
request, submit a report presenting the specific amounts of staff years
of technical effort to be allocated for each defense FFRDC during that
fiscal year and the associated budget estimates.
[[Page 134 STAT. 1310]]
Sec. 8027. None <<NOTE: Contracts.>> of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United States or Canada: <<NOTE: Applicability.>>
Provided, That these procurement restrictions shall apply to any and all
Federal Supply Class 9515, American Society of Testing and Materials
(ASTM) or American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: <<NOTE: Waiver
authority. Certification.>> Provided further, That the Secretary of
the military department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not
apply to contracts which are in being as of the date of the enactment of
this Act.
Sec. 8028. For <<NOTE: Definition. 10 USC 2241 note.>> the
purposes of this Act, the term ``congressional defense committees''
means the Armed Services Committee of the House of Representatives, the
Armed Services Committee of the Senate, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private
firms: <<NOTE: Certification.>> Provided, That the Senior Acquisition
Executive of the military department or Defense Agency concerned, with
power of delegation, shall certify that successful bids include
comparable estimates of all direct and indirect costs for both public
and private bids: Provided further, That Office of Management and
Budget Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030.
(a)(1) <<NOTE: Consultation. Determination. Contracts. Rescission. 41
USC 8304 note.>> If the Secretary of Defense, after consultation with
the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <<NOTE: Memorandum.>> An agreement referred to in
paragraph (1) is any reciprocal defense procurement memorandum
of understanding, between the United States and a foreign
country pursuant to which the Secretary of Defense has
prospectively waived the Buy American Act for certain products
in that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2021. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
[[Page 134 STAT. 1311]]
or any international agreement to which the United States is a party.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
Sec. 8031. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account shall be available until expended for the payments specified by
section 2687a(b)(2) of title 10, United States Code.
Sec. 8032. (a) <<NOTE: Native Americans. State listing. Housing.>>
Notwithstanding any other provision of law, the Secretary of the Air
Force may convey at no cost to the Air Force, without consideration, to
Indian tribes located in the States of Nevada, Idaho, North Dakota,
South Dakota, Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base, Malmstrom
Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base,
and Minot Air Force Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any <<NOTE: Determination.>> such
conveyance shall be subject to the condition that the housing units
shall be removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 5131).
Sec. 8033. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
(including transfer of funds)
Sec. 8034. Subject to section 8005 of this Act, the Secretary of
Defense may transfer funds appropriated in fiscal year 2021 for
``Shipbuilding and Conversion, Navy: LPD Flight II-LPD 31'' to
``Shipbuilding and Conversion, Navy: LPD 32 (AP)'', and ``Shipbuilding
and Conversion, Navy: LPD 33 (AP)'' for fiscal year 2021 advance
procurement authorized by section 124(c) of the National Defense
Authorization Act for Fiscal Year 2021: Provided, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8035. Up to $14,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the United States Indo-Pacific Command to execute Theater Security
Cooperation activities such as humanitarian assistance, and payment of
incremental and personnel costs
[[Page 134 STAT. 1312]]
of training and exercising with foreign security forces: Provided, That
funds made available for this purpose may be used, notwithstanding any
other funding authorities for humanitarian assistance, security
assistance or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8036. The <<NOTE: Regulations. Tobacco and tobacco
products. 10 USC 2484 note.>> Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-related
products in military resale outlets in the United States, its
territories and possessions at a price below the most competitive price
in the local community: Provided, That such regulations shall direct
that the prices of tobacco or tobacco-related products in overseas
military retail outlets shall be within the range of prices established
for military retail system stores located in the United States.
Sec. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <<NOTE: Budget request.>> The fiscal year 2022 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2022 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2022 procurement appropriation and not in
the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8038. None <<NOTE: 50 USC 3521 note.>> of the funds
appropriated by this Act for programs of the Central Intelligence Agency
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2022: Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
2022: Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for the construction, improvement, or
alteration of facilities, including leased facilities, to be used
primarily by personnel of the intelligence community shall remain
available until September 30, 2023.
Sec. 8039. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only
[[Page 134 STAT. 1313]]
for the mitigation of environmental impacts, including training and
technical assistance to tribes, related administrative support, the
gathering of information, documenting of environmental damage, and
developing a system for prioritization of mitigation and cost to
complete estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8040. (a) <<NOTE: Compliance.>> None of the funds appropriated
in this Act may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the Buy
American Act. For <<NOTE: Definition.>> purposes of this subsection,
the term ``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8041. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) <<NOTE: Waiver authority. Determination. Certification.>> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial requirements of
the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) <<NOTE: Determination.>> an Army field operating agency
established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8042. (a) <<NOTE: Contracts. Effective date.>> None of the
funds appropriated by this Act shall be available to convert to
contractor performance an activity or function of the Department of
Defense that, on or after the
[[Page 134 STAT. 1314]]
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) <<NOTE: Plan.>> the conversion is based on the result
of a public-private competition that includes a most efficient
and cost effective organization plan developed by such activity
or function;
(2) <<NOTE: Determination.>> the Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly to the Department of Defense
by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business Act
(15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and
[[Page 134 STAT. 1315]]
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8043. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'',
2014/2021, $66,567,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2019/2021, $23,840,000;
``Aircraft Procurement, Navy'', 2019/2021, $23,094,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$465,447,000;
``Other Procurement, Air Force'', 2019/2021, $12,400,000;
``Aircraft Procurement, Army'', 2020/2022, $26,900,000;
``Missile Procurement, Army'', 2020/2022, $2,377,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2020/2022, $148,141,000;
``Procurement of Ammunition, Army'', 2020/2022, $7,500,000;
``Other Procurement, Army'', 2020/2022, $13,175,000;
``Aircraft Procurement, Navy'', 2020/2022, $417,128,000;
``Weapons Procurement, Navy'', 2020/2022, $7,500,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2020/
2022, $8,973,000;
``Shipbuilding and Conversion, Navy: TAO Fleet Oiler (AP)'',
2020/2024, $73,000,000;
``Shipbuilding and Conversion, Navy: CVN Refueling
Overhauls'', 2020/2024, $13,100,000;
``Other Procurement, Navy'', 2020/2022, $87,052,000;
``Procurement, Marine Corps'', 2020/2022, $55,139,000;
``Aircraft Procurement, Air Force'', 2020/2022,
$543,015,000;
``Missile Procurement, Air Force'', 2020/2022, $24,500,000;
``Space Procurement, Air Force'', 2020/2022, $64,400,000;
``Other Procurement, Air Force'', 2020/2022, $66,726,000;
``Research, Development, Test and Evaluation, Army'', 2020/
2021, $284,228,000;
``Research, Development, Test and Evaluation, Navy'', 2020/
2021, $84,005,000;
``Research, Development, Test and Evaluation, Air Force'',
2020/2021, $251,809,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2020/2021, $378,031,000; and
``Defense Counterintelligence and Security Agency Working
Capital Fund'', 2020/XXXX, $100,000,000.
Sec. 8044. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians
[[Page 134 STAT. 1316]]
(dual status) of the Army National Guard, Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions
are a direct result of a reduction in military force structure.
Sec. 8045. None <<NOTE: North Korea.>> of the funds appropriated
or otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: <<NOTE: Armed Forces
remains.>> Provided, That this restriction shall not apply to any
activities incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed Forces
personnel from the Democratic People's Republic of Korea.
Sec. 8046. Funds <<NOTE: Reimbursement. National Guard and
Reserve.>> appropriated in this Act for operation and maintenance of
the Military Departments, Combatant Commands and Defense Agencies shall
be available for reimbursement of pay, allowances and other expenses
which would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard and
Reserve provide intelligence or counterintelligence support to Combatant
Commands, Defense Agencies and Joint Intelligence Activities, including
the activities and programs included within the National Intelligence
Program and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
Sec. 8047. (a) <<NOTE: Drugs and drug abuse. 10 USC 274 note.>>
None of the funds available to the Department of Defense for any fiscal
year for drug interdiction or counter-drug activities may be transferred
to any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <<NOTE: 50 USC 3506 note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
Sec. 8048. None <<NOTE: Ball and roller bearings.>> of the funds
appropriated by this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic source and of
domestic origin: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of the military department
responsible for such procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That this restriction shall not apply to the purchase
of ``commercial items'', as defined by section 103 of title 41, United
States Code, except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8049. Of the amounts appropriated for ``Working Capital Fund,
Army'', $125,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8050. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby appropriated
to the Department of Defense: <<NOTE: Determination. Grants.>>
Provided, That upon the determination of the Secretary of Defense that
it shall serve the national interest, the Secretary shall make grants in
the amounts
[[Page 134 STAT. 1317]]
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8051. None <<NOTE: Supercomputers. Certification.>> of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the United States, unless the Secretary of Defense
certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8052. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget. <<NOTE: Reports.>> The Secretary of each
military department, the Director of each Defense Agency, and the head
of each other relevant component of the Department of Defense shall
submit to the congressional defense committees, concurrent with
submission of the budget justification documents to Congress pursuant to
section 1105 of title 31, United States Code, a report with a detailed
accounting of the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides taken from
programs, projects, or activities within such department, agency, or
component during the most recently completed fiscal year.
Sec. 8053. None <<NOTE: Contracts.>> of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8055. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
[[Page 134 STAT. 1318]]
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account:
Provided, That <<NOTE: Budget statement. Time period.>> the Under
Secretary of Defense (Comptroller) shall include with the budget of the
President for fiscal year 2022 (as submitted to Congress pursuant to
section 1105 of title 31, United States Code) a statement describing
each instance if any, during each of the fiscal years 2016 through 2021
in which the authority in this section was exercised.
Sec. 8056. (a) <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $46,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes and
for the same time period as the appropriations to which the funds are
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: <<NOTE: Reports.>> Provided further, That the Secretary of
Defense shall, at the time of the submittal to Congress of the budget of
the President for fiscal year 2022 pursuant to section
[[Page 134 STAT. 1319]]
1105 of title 31, United States Code, submit to the congressional
defense committees a report detailing the use of funds requested in
research, development, test and evaluation accounts for end-items used
in development, prototyping and test activities preceding and leading to
acceptance for operational use: Provided further, That
the <<NOTE: List.>> report shall set forth, for each end-item covered
by the preceding proviso, a detailed list of the statutory authorities
under which amounts in the accounts described in that proviso were used
for such item: <<NOTE: Certification. Compliance.>> Provided further,
That the Secretary of Defense shall, at the time of the submittal to
Congress of the budget of the President for fiscal year 2022 pursuant to
section 1105 of title 31, United States Code, submit to the
congressional defense committees a certification that funds requested
for fiscal year 2022 in research, development, test and evaluation are
in compliance with this section: <<NOTE: Waiver
authority. Certification.>> Provided further, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8059. (a) <<NOTE: Waiver authority. Determination.>> The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <<NOTE: Applicability. Contracts.>> Subsection (a) applies with
respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding <<NOTE: Time
period. Reports. Strategies. Cost estimates.>> any other provision of
law, funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new start
advanced
[[Page 134 STAT. 1320]]
concept technology demonstration project or joint capability
demonstration project may only be obligated 45 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has been
provided in writing to the congressional defense committees: Provided,
That <<NOTE: Waiver authority. Certification.>> the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
Sec. 8062. The <<NOTE: Classified information. Reports.>>
Secretary of Defense shall continue to provide a classified quarterly
report to the Committees on Appropriations of the House of
Representatives and the Senate, Subcommittees on Defense on certain
matters as directed in the classified annex accompanying this Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064. None <<NOTE: Arms and munitions.>> of the funds
provided in this Act may be used to transfer to any nongovernmental
entity ammunition held by the Department of Defense that has a center-
fire cartridge and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8065. Notwithstanding <<NOTE: Waiver authority. Time
period.>> any other provision of law, the Chief of the National Guard
Bureau, or his designee, may waive payment of all or part of the
consideration that otherwise would be required under section 2667 of
title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
(including transfer of funds)
Sec. 8066. Of <<NOTE: Contracts. Determinations.>> the amounts
appropriated in this Act under the heading ``Operation and Maintenance,
Army'', $133,724,000 shall remain available until expended: Provided,
That, notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other activities of the
Federal Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition of
real property, construction, personal services, and operations related
to projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of this
[[Page 134 STAT. 1321]]
section may provide for such indemnification as the Secretary determines
to be necessary: <<NOTE: Compliance.>> Provided further, That projects
authorized by this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change is
otherwise in accordance with paragraphs (a)(1)-(3).
(c) <<NOTE: Study. Proposals.>> The Director of National
Intelligence and the Secretary of Defense may jointly, only for the
purposes of achieving auditable financial statements and improving
fiscal reporting, study and develop detailed proposals for alternative
financial management processes. Such <<NOTE: Risk assessment.>> study
shall include a comprehensive counterintelligence risk assessment to
ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) <<NOTE: Certifications.>> receive certification from
all affected agencies attesting that the proposed alternatives
will help achieve auditability, improve fiscal reporting, and
will not adversely affect counterintelligence; and
(3) <<NOTE: Deadline.>> not later than 30 days after
receiving all necessary certifications under paragraph (2),
present the proposed alternatives and certifications to the
congressional defense and intelligence committees.
Sec. 8068. In addition to amounts provided elsewhere in this Act,
$10,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding <<NOTE: Determination. Grants. Fisher House Foundation,
Inc.>> any other provision of law, that upon the determination of the
Secretary of Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible military
beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
[[Page 134 STAT. 1322]]
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8070. None <<NOTE: Modification.>> of the funds available to
the Department of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to the
Pacific fleet: Provided, That <<NOTE: Proposal.>> the command and
control relationships which existed on October 1, 2004, shall remain in
force until a written modification has been proposed to the Committees
on Appropriations of the House of Representatives and the Senate:
Provided further, That <<NOTE: Time period. Notification.>> the
proposed modification may be implemented 30 days after the notification
unless an objection is received from either the House or Senate
Appropriations Committees: Provided further, That any proposed
modification shall not preclude the ability of the commander of United
States Indo-Pacific Command to meet operational requirements.
Sec. 8071. Any <<NOTE: Notice. 10 USC 2302 note.>> notice that is
required to be submitted to the Committees on Appropriations of the
House of Representatives and the Senate under section 806(c)(4) of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act shall be
submitted pursuant to that requirement concurrently to the Subcommittees
on Defense of the Committees on Appropriations of the House of
Representatives and the Senate.
(including transfer of funds)
Sec. 8072. Of <<NOTE: Israel.>> the amounts appropriated in this
Act under the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $500,000,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$73,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense system
to counter short-range rocket threats, subject to the U.S.-Israel Iron
Dome Procurement Agreement, as amended; $177,000,000 shall be for the
Short Range Ballistic Missile Defense (SRBMD) program, including cruise
missile defense research and development under the SRBMD program, of
which $50,000,000 shall be for co-production activities of SRBMD systems
in the United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures, subject
to the U.S.-Israeli co-production agreement for SRBMD, as amended;
$77,000,000 shall be for an upper-tier component to the Israeli Missile
Defense Architecture, of which $77,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States and in
Israel to meet Israel's defense requirements consistent with each
nation's laws, regulations, and procedures, subject to the U.S.-Israeli
co-production agreement for Arrow 3 Upper Tier, as amended; and
$173,000,000 shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection suite:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
[[Page 134 STAT. 1323]]
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $407,312,000 shall be
available until September 30, 2021, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts transferred shall
be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2021: Carrier Replacement Program $71,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2021: DDG-51 Destroyer $9,634,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2021: CVN Refueling Overhauls $186,200,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2021: LPD-17 $30,578,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2021: TAO Fleet Oiler $42,500,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2021: TAO Fleet Oiler $17,400,000; and
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2021: Expeditionary Fast Transport $50,000,000.
Sec. 8074. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year
2021 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2021.
Sec. 8075. None <<NOTE: Notification.>> of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8076. The <<NOTE: Budget justification. 10 USC 221 note.>>
budget of the President for fiscal year 2022 submitted to the Congress
pursuant to section 1105 of title 31, United States Code, shall include
separate budget justification documents for costs of United States Armed
Forces' participation in contingency operations for the Military
Personnel accounts, the Operation and Maintenance accounts, the
Procurement accounts, and the Research, Development, Test and Evaluation
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: <<NOTE: Estimates. Data.>> Provided further,
That these documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and decreases for
each contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall
[[Page 134 STAT. 1324]]
include budget exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency operations
for the budget year and the two preceding fiscal years.
Sec. 8077. None <<NOTE: Nuclear armed interceptors.>> of the funds
in this Act may be used for research, development, test, evaluation,
procurement or deployment of nuclear armed interceptors of a missile
defense system.
Sec. 8078. The Secretary of Defense may use up to $650,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note), but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B)
of such section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the case of
clause (iv) of such subsection, subject to a limit of
$50,000,000: <<NOTE: Notification.>> Provided, That the Secretary of
Defense shall notify the congressional defense committees promptly of
all uses of this authority.
Sec. 8079. None <<NOTE: 53rd Weather Reconnaissance Squadron.>> of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8080. None <<NOTE: Foreign intelligence.>> of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to
United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States
Constitution as implemented through Executive Order No. 12333.
Sec. 8081. (a) <<NOTE: Tactical unmanned aerial vehicles.>> None of
the funds appropriated by this Act may be used to transfer research and
development, acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8082. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2022.
Sec. 8083. For <<NOTE: Applicability.>> purposes of section
1553(b) of title 31, United States Code, any subdivision of
appropriations made in this Act under the heading ``Shipbuilding and
Conversion, Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion, Navy''
appropriations in any prior fiscal year, and the 1 percent limitation
shall apply to the total amount of the appropriation.
[[Page 134 STAT. 1325]]
Sec. 8084. (a) <<NOTE: Reports.>> Not later than 60 days after the
date of enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2021: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8085. Notwithstanding any other provision of law, any transfer
of funds, appropriated or otherwise made available by this Act, for
support to friendly foreign countries in connection with the conduct of
operations in which the United States is not participating, pursuant to
section 331(d) of title 10, United States Code, shall be made in
accordance with section 8005 or 9002 of this Act, as applicable.
Sec. 8086. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2021 to a military department or Defense Agency pursuant to section
1705(e)(1) of title 10, United States Code, shall be covered by and
subject to section 8005 or 9002 of this Act, as applicable.
Sec. 8087. None <<NOTE: Child soldiers.>> of the funds made
available by this Act for excess defense articles, assistance under
section 333 of title 10, United States Code, or peacekeeping operations
for the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or
operation that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of 2008.
Sec. 8088. (a) <<NOTE: Notifications. Time periods.>> None of the
funds provided for the National Intelligence Program in this or any
prior appropriations Act shall be available for obligation or
expenditure through a reprogramming or transfer of funds in accordance
with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
[[Page 134 STAT. 1326]]
period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8089. In <<NOTE: Satellite on-orbit incentives. 10 USC 2241
note.>> this fiscal year and each fiscal year thereafter, funds
appropriated under the heading ``Procurement, Space Force'' may be
obligated for payment of satellite on-orbit incentives in the fiscal
year in which an incentive payment is earned: Provided, That
any <<NOTE: Time period. Notification.>> obligation made pursuant to
this section may not be entered into until 30 calendar days in session
after the congressional defense committees have been notified that an
on-orbit incentive payment has been earned.
Sec. 8090. For <<NOTE: Definition.>> the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(including transfer of funds)
Sec. 8091. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
Sec. 8092. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the Department of
Defense Acquisition Workforce Development Account in accordance with
section 1705 of title 10, United States Code.
Sec. 8093. (a) <<NOTE: Public information. Web
posting. Reports. Determinations.>> Any agency receiving funds made
available in this Act, shall, subject to subsections (b) and (c), post
on the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 8094. (a) <<NOTE: Contracts.>> None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
[[Page 134 STAT. 1327]]
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) <<NOTE: Certification.>> None of the funds appropriated or
otherwise made available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any action to
enforce any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For purposes of
this subsection, a ``covered subcontractor'' is an entity that has a
subcontract in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. <<NOTE: Transmittal. Public
information. Deadline.>> The Secretary of Defense shall transmit to
Congress, and simultaneously make public, any determination under this
subsection not less than 15 business days before the contract or
subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8095. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$137,000,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of
[[Page 134 STAT. 1328]]
the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center, the
Navy Ambulatory Care Center, and supporting facilities designated as a
combined Federal medical facility as described by section 706 of Public
Law 110-417: <<NOTE: Notification.>> Provided further, That additional
funds may be transferred from funds appropriated for operation and
maintenance for the Defense Health Program to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Defense to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 8096. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8097. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8098. Upon <<NOTE: Determination.>> a determination by the
Director of National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of the Office
of Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the
Congress: <<NOTE: Reprogramming requests. Deadline.>> Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30, 2021.
Sec. 8099. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8100. None <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8101. None <<NOTE: Detainees. Cuba.>> of the funds
appropriated or otherwise made available in this Act may be used to
transfer any individual detained at United States Naval Station
Guantanamo Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other foreign
entity except in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section
1035 of the
[[Page 134 STAT. 1329]]
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
Sec. 8102. (a) <<NOTE: Rosoboronexport.>> None of the funds
appropriated or otherwise made available by this or any other Act may be
used by the Secretary of Defense, or any other official or officer of
the Department of Defense, to enter into a contract, memorandum of
understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of
Rosoboronexport.
(b) <<NOTE: Waiver
authority. Consultation. Determination. Certification. Russia. Ukraine.>>
The Secretary of Defense may waive the limitation in subsection (a) if
the Secretary, in consultation with the Secretary of State and the
Director of National Intelligence, determines that it is in the vital
national security interest of the United States to do so, and certifies
in writing to the congressional defense committees that--
(1) <<NOTE: Syria.>> Rosoboronexport has ceased the
transfer of lethal military equipment to, and the maintenance of
existing lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) <<NOTE: Review. Reports.>> The Inspector General of the
Department of Defense shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the Secretary of
Defense pursuant to subsection (b), and not later than 90 days after the
date on which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a
report containing the results of the review conducted with respect to
such waiver.
Sec. 8103. None of the funds made available in this Act may be used
for the purchase or manufacture of a flag of the United States unless
such flags are treated as covered items under section 2533a(b) of title
10, United States Code.
Sec. 8104. (a) <<NOTE: Detainees. Cuba.>> None of the funds
appropriated or otherwise made available in this or any other Act may be
used to construct, acquire, or modify any facility in the United States,
its territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
[[Page 134 STAT. 1330]]
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8105. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $60,000,000, to remain available
for obligation until September 30, 2025, may be used for the purchase of
two used sealift vessels for the National Defense Reserve Fleet,
established under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): <<NOTE: Reimbursement.>> Provided, That such amounts
are available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of Transportation
for programs, projects, activities, and expenses related to the National
Defense Reserve Fleet: Provided further, That notwithstanding 10 U.S.C.
2218 (National Defense Sealift Fund), none of these funds shall be
transferred to the National Defense Sealift Fund for execution.
Sec. 8106. The <<NOTE: Grants. Web posting.>> Secretary of Defense
shall post grant awards on a public website in a searchable format.
Sec. 8107. If <<NOTE: Allocation.>> the Secretary of a military
department reduces each research, development, test and evaluation, and
procurement account of the military department pursuant to paragraph (1)
of section 828(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note), the Secretary shall
allocate the reduction determined under paragraph (2) of such section
828(d) proportionally from all programs, projects, or activities under
such account: Provided, That the authority under section 804(d)(2) of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2302 note) to transfer amounts available in the Rapid
Prototyping Fund shall be subject to section 8005 or 9002 of this Act,
as applicable.
Sec. 8108. None <<NOTE: Surveillance.>> of the funds made
available by this Act may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8109. None <<NOTE: Salaries.>> of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8110. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $376,029,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That
such <<NOTE: Reimbursements.>> amounts are available for reimbursements
to the Ready
[[Page 134 STAT. 1331]]
Reserve Force, Maritime Administration account of the United States
Department of Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
Sec. 8111. None <<NOTE: Notifications. Time period.>> of the funds
made available in this Act may be obligated for activities authorized
under section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 112-81; 125 Stat.
1621) to initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the congressional
defense committees are notified in accordance with the direction
contained in the classified annex accompanying this Act, not less than
15 days before initiating such support: Provided, That none of the
funds made available in this Act may be used under section 1208 for any
activity that is not in support of an ongoing military operation being
conducted by United States Special Operations Forces to combat
terrorism: Provided further, That <<NOTE: Waiver
authority. Determination. Deadline. Notification.>> the Secretary of
Defense may waive the prohibitions in this section if the Secretary
determines that such waiver is required by extraordinary circumstances
and, by not later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8112. The <<NOTE: Consultation. Reports. Records. Time
period. Firearms.>> Secretary of Defense, in consultation with the
Service Secretaries, shall submit a report to the congressional defense
committees, not later than 180 days after the enactment of this Act,
detailing the submission of records during the previous 12 months to
databases accessible to the National Instant Criminal Background Check
System (NICS), including the Interstate Identification Index (III), the
National Crime Information Center (NCIC), and the NICS Index, as
required by Public Law 110-180: Provided, That such report shall
provide the number and category of records submitted by month to each
such database, by Service or Component: Provided further, That such
report shall identify the number and category of records submitted by
month to those databases for which the Identification for Firearm Sales
(IFFS) flag or other database flags were used to pre-validate the
records and indicate that such persons are prohibited from receiving or
possessing a firearm: Provided further, That such report shall describe
the steps taken during the previous 12 months, by Service or Component,
to ensure complete and accurate submission and appropriate flagging of
records of individuals prohibited from gun possession or receipt
pursuant to 18 U.S.C. 922(g) or (n) including applicable records
involving proceedings under the Uniform Code of Military Justice.
Sec. 8113. (a) <<NOTE: Contracts.>> None of the funds provided in
this Act for the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following components
unless those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion equipment
(including engines, reduction gears, and propellers); shipboard cranes;
and spreaders for shipboard cranes.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided,
[[Page 134 STAT. 1332]]
That the Secretary <<NOTE: Deadline.>> of the Navy shall incorporate
United States manufactured propulsion engines and propulsion reduction
gears into the FFG(X) Frigate program beginning not later than with the
eleventh ship of the program.
Sec. 8114. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8115. None <<NOTE: Gaming. Adult entertainment.>> of the
funds made available by this Act may be used for Government Travel
Charge Card expenses by military or civilian personnel of the Department
of Defense for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by Department of
Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
Sec. 8116. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
Sec. 8117. None <<NOTE: Turkey.>> of the funds appropriated by
this Act may be made available to deliver F-35 air vehicles or any other
F-35 weapon system equipment to the Republic of Turkey, except in
accordance with section 1245 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
Sec. 8118. In addition to amounts provided elsewhere in this Act,
there is appropriated $284,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: <<NOTE: Grants. Contracts.>> Provided, That such funds shall
only be available to the Secretary of Defense, acting through the Office
of Economic Adjustment of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such
schools: <<NOTE: Determination.>> Provided further, That in making
such funds available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those military
installations with schools having the most serious capacity or facility
condition deficiencies as determined by the Secretary of Defense:
Provided further, That as a condition of receiving funds under this
section a local educational agency or State shall provide a matching
share as described in the notice titled ``Department of Defense Program
for Construction, Renovation, Repair or Expansion of Public Schools
Located on Military Installations'' published by the Department of
Defense in the Federal Register on September 9, 2011 (76 Fed.
[[Page 134 STAT. 1333]]
Reg. 55883 et seq.): <<NOTE: Applicability.>> Provided further, That
these provisions apply to funds provided under this section, and to
funds previously provided by Congress to construct, renovate, repair, or
expand elementary and secondary public schools on military installations
in order to address capacity or facility condition deficiencies at such
schools to the extent such funds remain unobligated on the date of
enactment of this section.
Sec. 8119. In <<NOTE: Applicability.>> carrying out the program
described in the memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such memorandum, the Secretary of
Defense shall apply such policy and guidance, except that--
(1) <<NOTE: Embryos.>> the limitation on periods regarding
embryo cryopreservation and storage set forth in part III(G) and
in part IV(H) of such memorandum shall not apply; and
(2) <<NOTE: Definition.>> the term ``assisted reproductive
technology'' shall include embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
Sec. 8120. None <<NOTE: Cuba.>> of the funds made available by
this Act may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 8121. None <<NOTE: Determination.>> of the funds provided
for, or otherwise made available, in this or any other Act, may be
obligated or expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms and
munitions appropriate for customary ceremonial honors, operational
military units, or operational military platforms if the Secretary
determines that providing such units, platforms, or equipment would
undermine the readiness of such units, platforms, or equipment.
Sec. 8122. The Secretary of Defense may obligate and expend funds
made available under this Act for procurement or for research,
development, test and evaluation for the F-35 Joint Strike Fighter to
modify up to six F-35 aircraft, including up to two F-35 aircraft of
each variant, to a test
configuration: <<NOTE: Notification. Deadline.>> Provided, That the
Secretary of Defense shall, with the concurrence of the Secretary of the
Air Force and the Secretary of the Navy, notify the congressional
defense committees not fewer than 30 days prior to obligating and
expending funds under this section: Provided further, That any transfer
of funds pursuant to the authority provided in this section shall be
made in accordance with section 8005 or 9002 of this Act, as
appropriate, if applicable: Provided further, That aircraft referred to
previously in this section are not additional to aircraft referred to in
section 8135 of the Department of Defense Appropriations Act, 2019 and
section 8126 of the Department of Defense Appropriations Act, 2020.
Sec. 8123. Amounts <<NOTE: 10 USC 1475 note.>> appropriated for
``Defense Health Program'' in this Act and hereafter may be obligated to
make death gratuity payments, as authorized in subchapter II of chapter
75 of title 10, United States Code, if no appropriation for ``Military
Personnel'' is available for obligation for such payments: Provided,
That such obligations may subsequently be recorded against
appropriations available for ``Military Personnel''.
Sec. 8124. (a) <<NOTE: Corporation. Taxes.>> None of the funds made
available by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
[[Page 134 STAT. 1334]]
to, or provide a loan or loan guarantee to any corporation that has any
unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the unpaid
Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8125. During fiscal year 2021, any advance billing for
background investigation services and related services purchased from
activities financed using Defense Working Capital Funds shall be
excluded from the calculation of cumulative advance billings under
section 2208(l)(3) of title 10, United States Code.
Sec. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance
Office and the Space Force or any other elements of the Department of
Defense.
Sec. 8127. None <<NOTE: Reports. Plans. Certification.>> of the
funds appropriated or otherwise made available by this Act may be used
to transfer any element of the Department of the Army, the Department of
the Navy, or a Department of Defense agency to the Space Force unless,
concurrent with the fiscal year 2022 budget submission (as submitted to
Congress pursuant to section 1105 of title 31, United States Code), the
Secretary of Defense provides a report to the Committees on
Appropriations of the House of Representatives and the Senate, detailing
any plans to transfer appropriate space elements of the Department of
the Army, the Department of the Navy, or a Department of Defense agency
to the Space Force and certifies in writing to the Committees on
Appropriations of the House of Representatives and the Senate that such
transfer is consistent with the mission of the Space Force and will not
have an adverse impact on the Department or agency from which such
element is being transferred: Provided, That such report shall include
fiscal year 2022 budget and future years defense program adjustments
associated with such planned transfers.
Sec. 8128. Funds appropriated in titles I and IX of this Act under
headings for ``Military Personnel'' may be used for expenses described
therein for members of the Space Force on active duty: Provided, That
amounts appropriated under such headings may be used for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement Fund.
Sec. 8129. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $375,000,000.
Sec. 8130. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in this Act is hereby reduced by $1,700,362,000.
[[Page 134 STAT. 1335]]
Sec. 8131. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight of the tables in the explanatory
statement regarding this Act, may be used for expenses for the agile
research, development, test and evaluation, procurement, production,
modification, and operation and maintenance, only for the following
Software and Digital Technology Pilot programs--
(1) Defensive Cyber Operations Army (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command Control (PE 0608231N);
(4) Space Command and Control (PE 1203614SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System-Joint (PE 0308150K);
(7) Algorithmic Warfare Cross Functional Team (PE
0308588D8Z); and
(8) Acquisition visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal year
2021.
Sec. 8132. (a) In addition to amounts otherwise made available in
this Act, there is appropriated $100,000,000 to the Under Secretary of
Defense (Acquisition and Sustainment), to remain available until
expended.
(b) The funds provided by subsection (a) shall be available to the
Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the Assistant Secretary of the Army (Acquisition,
Logistics and Technology) and the Assistant Secretary of the Navy
(Research, Development and Acquisition) and the Assistant Secretary of
the Air Force (Acquisition, Technology and Logistics), to assess and
strengthen the manufacturing and defense industrial base and supply
chain resiliency of the United States.
(c)(1) The Under Secretary of Defense (Comptroller) shall transfer
funds provided by subsection (a) to appropriations for operation and
maintenance; procurement; and research, development, test and evaluation
to accomplish the purposes specified in subsection (b). Such transferred
funds shall be merged with and be available for the same purposes and
for the same time period as the appropriation to which they are
transferred.
(2) The transfer authority provided by this subsection shall be in
addition to any other transfer authority available to the Department of
Defense.
(3) <<NOTE: Deadline. Notification.>> The Under Secretary of
Defense (Acquisition and Sustainment) shall, through the Under Secretary
of Defense (Comptroller), not less than 30 days prior to making any
transfer under this subsection, notify the congressional defense
committees in writing of the details of the transfer.
(d) Funds appropriated by this section may not be transferred to
``Drug Interdiction and Counter-Drug Activities, Defense''.
(including transfer of funds)
Sec. 8133. In addition to amounts appropriated in title II or
otherwise made available elsewhere in this Act, $300,500,000 is hereby
appropriated to the Department of Defense and made available for
transfer to the operation and maintenance accounts
[[Page 134 STAT. 1336]]
of the Army, Navy, Marine Corps, and Air Force (including National Guard
and Reserve) for purposes of improving military readiness: Provided,
That the transfer authority provided under this provision is in addition
to any other transfer authority provided elsewhere in this Act.
Sec. 8134. None <<NOTE: Contracts.>> of the funds provided in this
Act for requirements development, performance specification development,
concept design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations research
analysis, industry studies, preliminary design, development of the
Detailed Design and Construction Request for Proposals solicitation
package, or related activities for the AS(X) Submarine Tender, T-ARC(X)
Cable Laying and Repair Ship, or T-AGOS(X) Oceanographic Surveillance
Ship may be used to award a new contract for such activities unless
these contracts include specifications that all auxiliary equipment,
including pumps and propulsion shafts are manufactured in the United
States.
Sec. 8135. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning the USS Fort
Worth or the USS Coronado.
Sec. 8136. Of <<NOTE: Grants.>> the amounts appropriated in this
Act under the heading ``Operation and Maintenance, Defense-Wide'',
$50,000,000, to remain available until September 30, 2022: Provided,
That such funds shall only be available to the Secretary of Defense,
acting through the Office of Economic Adjustment of the Department of
Defense, to make grants to communities impacted by military aviation
noise for the purpose of installing noise mitigating insulation at
covered facilities: Provided further, That, to be
eligible <<NOTE: Contracts.>> to receive a grant under the program, a
community must enter into an agreement with the Secretary under which
the community prioritizes the use of funds for the installation of noise
mitigation at covered facilities in the community: Provided further,
That as a condition of receiving funds under this section a State or
local entity shall provide a matching share of ten percent: Provided
further, That grants under the program may be used to meet the Federal
match requirement under the airport improvement program established
under subchapter I of chapter 471 and subchapter I of chapter 475 of
title 49, United States Code: Provided further,
That, <<NOTE: Coordination.>> in carrying out the program, the
Secretary of Defense shall coordinate with the Secretary of
Transportation to minimize duplication of efforts with any other noise
mitigation program compliant with part 150 of title 14, Code of Federal
Regulations: Provided further,
That, <<NOTE: Definition. Determination.>> in this section, the term
``covered facilities'' means hospitals, daycare facilities, schools,
facilities serving senior citizens, and private residences that are
located within one mile or a day-night average sound level of 65 or
greater of a military installation or another location at which military
aircraft are stationed or are located in an area impacted by military
aviation noise within one mile or a day-night average sound level of 65
or greater, as determined by the Department of Defense or Federal
Aviation Administration noise modeling programs.
Sec. 8137. None <<NOTE: Contracts. Icebreaking vessels.>> of the
funds appropriated or otherwise made available by this Act may be
obligated or expended for the lease of an icebreaking vessel unless such
obligation or expenditure is compliant with section 1301 of title 31,
United States Code, and related statutes and is made pursuant to a
contract awarded using
[[Page 134 STAT. 1337]]
full and open competitive procedures or procedures authorized by section
2304(c)(6) of title 10, United States Code.
Sec. 8138. Amounts appropriated or otherwise made available to the
Department of Defense in this Act, may not be obligated or expended for
the retirement or divestiture of the RQ-4 Global Hawk Block 30 and Block
40 aircraft: Provided, That the Secretary of the Air Force is
prohibited from deactivating the corresponding squadrons responsible for
the operations of the aforementioned aircraft.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,748,033,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$382,286,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$129,943,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,077,168,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$33,414,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 134 STAT. 1338]]
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,771,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$2,048,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$16,816,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$195,314,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,800,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,497,254,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$11,568,363,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1339]]
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,108,667,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $18,432,020,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $77,115,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,041,898,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $33,399,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $21,492,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $8,707,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1340]]
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $30,090,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $79,792,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $175,642,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,047,612,000, to
remain available until September 30, 2022: Provided, That such funds
shall be available to the Secretary of Defense for the purpose of
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of Defense in
this title for additional costs associated with existing projects
previously funded with amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided further,
That <<NOTE: Contracts.>> such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjustments,
and other necessary contract actions to complete existing projects, and
associated supervision and administration costs and costs for design
during construction: Provided further, That the Secretary may not use
more than $50,000,000 under the authority provided in this
section: <<NOTE: Notification. Reports.>> Provided further, That the
Secretary shall notify in advance such contract changes and adjustments
in annual reports to the congressional defense committees: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further,
That <<NOTE: Notification.>> the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of
[[Page 134 STAT. 1341]]
the funds received and the specific use of such contributions: Provided
further, That <<NOTE: Deadline. Notification.>> the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: <<NOTE: Notification.>>
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
activities, or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That the United States may
accept equipment procured using funds provided under this heading in
this or prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United
States: <<NOTE: Notification.>> Provided further, That equipment
procured using funds provided under this heading in this or prior Acts,
and not yet transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and returned by such
forces to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That of the funds provided under this
heading, not less than $20,000,000 shall be for recruitment and
retention of women in the Afghanistan National Security Forces, and the
recruitment and training of female security personnel: Provided
further, That funds appropriated under this heading and made available
for the salaries and benefits of personnel of the Afghanistan Security
Forces may only be used for personnel who are enrolled in the
Afghanistan Personnel and Pay
System: <<NOTE: Consultation. Certification.>> Provided further, That
funds appropriated under this heading for the Afghanistan Security
Forces may only be obligated if the Secretary of Defense, in
consultation with the Secretary of State, certifies in writing to the
congressional defense committees that such forces are controlled by a
civilian, representative government that is committed to protecting
human rights and women's rights and preventing terrorists and terrorist
groups from using the territory of Afghanistan to threaten the security
of the United States and United States allies: Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Counter-Isis Train and Equip Fund <<NOTE: Iraq. Syria.>>
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $710,000,000, to remain available until September 30,
2022: <<NOTE: Coordination.>> Provided, That such funds shall be
available to the Secretary of Defense in coordination with the Secretary
of State, to provide assistance, including training; equipment;
logistics support, supplies, and services; stipends; infrastructure
repair and renovation; construction for facility fortification and
humane treatment; and sustainment, to foreign security forces, irregular
forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of Iraq and
Syria, and their affiliated or associated
groups: <<NOTE: Designation. Coordination. Notification.>> Provided
further, That amounts made available under this heading shall be
available to provide assistance only for activities in a country
designated by the Secretary of Defense, in coordination with the
Secretary of State, as having a security mission to counter the Islamic
State of Iraq and Syria, and following written notification to the
congressional defense
[[Page 134 STAT. 1342]]
committees of such designation: <<NOTE: Assessment.>> Provided
further, That the Secretary of Defense shall ensure that prior to
providing assistance to elements of any forces or individuals, such
elements or individuals are appropriately vetted, including at a
minimum, assessing such elements for associations with terrorist groups
or groups associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human rights and
the rule of law: <<NOTE: Deadline. Notification.>> Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense may accept and retain
contributions, including assistance in-kind, from foreign governments,
including the Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further, That
contributions of funds for the purposes provided herein from any foreign
government or other entity may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided further,
That the Secretary of Defense shall prioritize such contributions when
providing any assistance for construction for facility fortification:
Provided further, That <<NOTE: Waiver
authority. Determination. Notification.>> the Secretary of Defense may
waive a provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export Control Act
(22 U.S.C. 2780 and 2785) if the Secretary determines that such
provision of law would prohibit, restrict, delay or otherwise limit the
provision of such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives: <<NOTE: Notification.>> Provided further, That the
United States may accept equipment procured using funds provided under
this heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular forces,
or groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated as
stocks of the Department of Defense upon written notification to the
congressional defense
committees: <<NOTE: Determination. Notification.>> Provided further,
That equipment procured using funds provided under this heading, or
under the heading, ``Iraq Train and Equip Fund'' in prior Acts, and not
yet transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria may be treated as stocks of the
Department of Defense when determined by the Secretary to no longer be
required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided further,
That <<NOTE: Reports.>> the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the use of
funds provided under this heading, including, but not limited to, the
number of individuals trained, the nature and scope of support and
sustainment provided to each group or individual, the area of operations
for each group, and the contributions of other countries, groups, or
individuals: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1343]]
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$595,112,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$796,599,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $15,225,000, to remain available until
September 30, 2023: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$103,875,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$924,823,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$32,905,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1344]]
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$5,572,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $77,424,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$341,612,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$47,963,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$772,738,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$223,772,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $785,617,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress
[[Page 134 STAT. 1345]]
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$355,339,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$342,137,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $950,000,000, to remain
available for obligation until September 30, 2023: Provided, That
the <<NOTE: Deadline. Assessments.>> Chiefs of National Guard and
Reserve components shall, not later than 30 days after enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $175,824,000, to remain available until September
30, 2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $59,562,000, to remain available until September 30,
2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on
[[Page 134 STAT. 1346]]
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $5,304,000, to remain available until September
30, 2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $80,818,000, to remain available until
September 30, 2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$20,090,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$365,098,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,069,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2021.
[[Page 134 STAT. 1347]]
(including transfer of funds)
Sec. 9002. Upon <<NOTE: Determination.>> the determination of the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $2,000,000,000 between the
appropriations or funds made available to the Department of Defense in
this title: Provided, That the <<NOTE: Notification.>> Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project funded
with appropriations available for operation and maintenance or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan, may
be obligated at the time a construction contract is awarded: Provided,
That, for the purpose of this section, supervision and administration
costs and costs for design during construction include all in-house
Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $2,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent, small-
scale, humanitarian relief and reconstruction requirements within their
areas of responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project) executed
under this authority shall not exceed $500,000: <<NOTE: Time
period. Reports.>> Provided further, That not later than 45 days after
the end of each 6 months of the fiscal year, the Secretary of Defense
shall submit to the congressional defense committees a report regarding
the source of funds and the allocation and use of funds during that 6-
month period that were made available pursuant to the authority provided
in this section or under any other provision of law for the purposes
described herein.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces of
the United States and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of Iraq and
Syria: <<NOTE: Reports.>> Provided, That the Secretary of Defense
shall
[[Page 134 STAT. 1348]]
provide quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 9007. None <<NOTE: Iraq.>> of the funds appropriated or
otherwise made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) <<NOTE: Syria.>> To exercise United States control over
any oil resource of Iraq or Syria.
(3) <<NOTE: Afghanistan.>> To establish any military
installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in
Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None <<NOTE: Plan.>> of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated prior to
the approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of Defense:
Provided, That <<NOTE: Requirements.>> the AROC must approve the
requirement and acquisition plan for any service requirements in excess
of $50,000,000 annually and any non-standard equipment requirements in
excess of $100,000,000 using ASFF: Provided further, That
the <<NOTE: Certification. Compliance process.>> Department of Defense
must certify to the congressional defense committees that the AROC has
convened and approved a process for ensuring compliance with the
requirements in the preceding proviso and accompanying report language
for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, <<NOTE: Determination.>> upon determination by the Secretary of
Defense that such action is necessary to meet the operational
requirements of a Commander of a Combatant Command engaged in
contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this Act for
the Defense Security Cooperation Agency in ``Operation and Maintenance,
Defense-Wide'' may be used to provide assistance to the Government of
Jordan to support the armed forces of Jordan and to enhance security
along its borders.
Sec. 9012. None of the funds made available by this Act under the
headings ``Afghanistan Security Forces Fund'' and ``Counter-ISIS Train
and Equip Fund'', and under the heading ``Operation
[[Page 134 STAT. 1349]]
and Maintenance, Defense-Wide'' for Department of Defense security
cooperation grant programs, may be used to procure or transfer man-
portable air defense systems.
Sec. 9013. Of <<NOTE: Ukraine.>> the amounts appropriated in this
title under the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $275,000,000, of which
$137,500,000 to remain available until September 30, 2022 shall be for
the Ukraine Security Assistance Initiative: <<NOTE: Coordination.>>
Provided, That such funds shall be available to the Secretary of
Defense, in coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal assistance; logistics
support, supplies and services; sustainment; and intelligence support to
the military and national security forces of Ukraine, and for
replacement of any weapons or articles provided to the Government of
Ukraine from the inventory of the United States: Provided further, That
the <<NOTE: Deadline. Notification.>> Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing of the
details of any such obligation: Provided further,
That <<NOTE: Deadline.>> the Secretary of Defense shall, not more than
60 days after such notification is made, inform such committees if such
funds have not been obligated and the reasons therefor: Provided
further, That the United States may accept equipment procured using
funds made available in this section in this or prior Acts that was
transferred to the security forces of Ukraine and returned by such
forces to the United States: Provided further,
That <<NOTE: Notification.>> equipment procured using funds made
available in this section in this or prior Acts, and not yet transferred
to the military or National Security Forces of Ukraine or returned by
such forces to the United States, may be treated as stocks of the
Department of Defense upon written notification to the congressional
defense committees: <<NOTE: Reports.>> Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
Sec. 9014. Funds <<NOTE: Ukraine.>> appropriated in this title
shall be available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States to the
extent specifically provided for in section 9013 of this Act.
Sec. 9015. None <<NOTE: Azov Battalion.>> of the funds made
available by this Act may be used to provide arms, training, or other
assistance to the Azov Battalion.
Sec. 9016. Equipment procured using funds provided in prior Acts
under the heading ``Counterterrorism Partnerships Fund'' for the program
authorized by section 1209 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291), and not yet transferred to authorized recipients may be
transferred to foreign security forces, irregular forces, groups, or
individuals, authorized to receive assistance using amounts provided
under the heading ``Counter-ISIS Train and Equip Fund'' in this
Act: <<NOTE: Deadline. Notification.>> Provided, That such equipment
may be transferred 15 days following written notification to the
congressional defense committees.
Sec. 9017. None <<NOTE: Iraq.>> of the funds made available by
this Act may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in Iraq,
into situations in Iraq where imminent involvement in hostilities is
clearly
[[Page 134 STAT. 1350]]
indicated by the circumstances, or into Iraqi territory, airspace, or
waters while equipped for combat, in contravention of the congressional
consultation and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 9018. None <<NOTE: Syria.>> of the funds made available by
this Act may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into hostilities
in Syria, into situations in Syria where imminent involvement in
hostilities is clearly indicated by the circumstances, or into Syrian
territory, airspace, or waters while equipped for combat, in
contravention of the congressional consultation and reporting
requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9019. None <<NOTE: Afghanistan.>> of the funds in this Act
may be made available for the transfer of additional C-130 cargo
aircraft to the Afghanistan National Security Forces or the Afghanistan
Air Force.
Sec. 9020.
Funds <<NOTE: Afghanistan. Certification. Deadlines. Reports.>> made
available by this Act under the heading ``Afghanistan Security Forces
Fund'' may be used to provide limited training, equipment, and other
assistance that would otherwise be prohibited by 10 U.S.C. 362 to a unit
of the security forces of Afghanistan only if the Secretary of Defense
certifies to the congressional defense committees, within 30 days of a
decision to provide such assistance, that (1) a denial of such
assistance would present significant risk to United States or coalition
forces or significantly undermine United States national security
objectives in Afghanistan; and (2) the Secretary has sought a commitment
by the Government of Afghanistan to take all necessary corrective steps:
Provided, That such certification shall be accompanied by a report
describing: (1) the information relating to the gross violation of human
rights; (2) the circumstances that necessitated the provision of such
assistance; (3) the Afghan security force unit involved; (4) the
assistance provided and the assistance withheld; and (5) the corrective
steps to be taken by the Government of Afghanistan: <<NOTE: Time
period.>> Provided further, That every 120 days after the initial
report an additional report shall be submitted detailing the status of
any corrective steps taken by the Government of Afghanistan: Provided
further, That if the Government of Afghanistan has not initiated
necessary corrective steps within 1 year of the certification, the
authority under this section to provide assistance to such unit shall no
longer apply: Provided further, That the Secretary shall submit a
report to such committees detailing the final disposition of the case by
the Government of Afghanistan.
Sec. 9021. None <<NOTE: Taliban. Afghanistan.>> of the funds made
available by this Act may be made available for any member of the
Taliban except to support a reconciliation activity that includes the
participation of members of the Government of Afghanistan, does not
restrict the participation of women, and is authorized by section 1218
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116- 92).
Sec. 9022. Nothing <<NOTE: Iran.>> in this Act may be construed as
authorizing the use of force against Iran.
(rescissions)
Sec. 9023. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for
[[Page 134 STAT. 1351]]
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2019/2021, $90,000,000;
``Aircraft Procurement, Air Force'', 2019/2021, $16,400,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation'', 2020/2021, $75,000,000;
``Operation and Maintenance, Defense-Wide: Coalition Support
Funds'', 2020/2021, $45,000,000;
``Afghanistan Security Forces Fund'', 2020/2021,
$1,100,000,000;
``Counter-ISIS Train and Equip Fund'', 2020/2021,
$400,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2020/2022, $100,000,000;
``Procurement of Ammunition, Air Force'', 2020/2022,
$49,679,000;
``Research, Development, Test and Evaluation, Army'', 2020/
2021, $2,878,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2020/2021, $7,165,000.
Sec. 9024. Of the amounts appropriated in this title under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $753,603,000, to remain available until
September 30, 2022, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided,
That <<NOTE: Deadline. Notification.>> the Secretary of Defense shall,
not less than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing of the
details of any planned obligation: <<NOTE: Reports.>> Provided
further, That the Secretary of Defense shall provide quarterly reports
to the Committees on Appropriations of the House of Representatives and
the Senate on the use and status of funds made available in this
section.
Sec. 9025. Of <<NOTE: Afghanistan. Reimbursements.>> the amounts
appropriated in this title under the heading ``Operation and
Maintenance, Defense-Wide'', for the Defense Security Cooperation
Agency, $100,000,000, to remain available until September 30, 2022,
shall be for payments to reimburse key cooperating nations for
logistical, military, and other support, including access, provided to
United States military and stability operations in Afghanistan and to
counter the Islamic State of Iraq and
Syria: <<NOTE: Consultation. Determinations. Deadline. Notification.>>
Provided, That such reimbursement payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of Management
and Budget, may determine, based on documentation determined by the
Secretary of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting officers
of the United States, and 15 days following written notification to the
appropriate congressional committees: <<NOTE: Deadline. Notification.>>
Provided further, That these funds may be used for the purpose of
providing specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such equipment on a
non-
[[Page 134 STAT. 1352]]
reimbursable basis to coalition forces supporting United States military
and stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria, and 15 days following written notification to the
appropriate congressional committees: Provided further,
That <<NOTE: Reports.>> the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 9026.
Of <<NOTE: Reimbursements. Jordan. Lebanon. Egypt. Tunisia. Oman.>> the
amounts appropriated in this title under the heading ``Operation and
Maintenance, Defense-Wide'', for the Defense Security Cooperation
Agency, $250,000,000, to remain available until September 30, 2022,
shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and
Oman under section 1226 of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border security, of
which not less than $150,000,000 shall be for
Jordan: <<NOTE: Deadline. Notification.>> Provided, That the Secretary
of Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any planned obligation and the nature of
the expenses incurred: Provided further, That the <<NOTE: Reports.>>
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
Sec. 9027. Each <<NOTE: President.>> amount designated in this Act
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to the
Congress.
Sec. 9028. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
This division may be cited as the ``Department of Defense
Appropriations Act, 2021''.
DIVISION D--ENERGY <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2021.>> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
[[Page 134 STAT. 1353]]
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects,
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $153,000,000, to remain available until
expended: Provided, That the <<NOTE: Studies.>> Secretary shall
initiate nine new study starts during fiscal year 2021: <<NOTE: Work
plan.>> Provided further, That the Secretary shall not deviate from
the new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,692,645,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover 35
percent of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects, shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $380,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust
Fund: <<NOTE: Study.>> Provided, That the Secretary shall initiate one
new study start in fiscal year 2021: <<NOTE: Work plan.>> Provided
further, That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations of both
Houses of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction,
[[Page 134 STAT. 1354]]
aquatic ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,849,655,000, to remain available until
expended, of which such sums as are necessary to cover the Federal share
of eligible operation and maintenance costs for coastal harbors and
channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected: Provided,
That 1 percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the Chief
of Engineers shall allocate during the fourth quarter any remaining
funds which have not been used for emergency activities proportionally
in accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $210,000,000, to remain
available until September 30, 2022.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $250,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers;
[[Page 134 STAT. 1355]]
and for costs of management and operation of the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, the United
States Army Engineer Research and Development Center, and the United
States Army Corps of Engineers Finance Center allocable to the civil
works program, $206,000,000, to remain available until September 30,
2022, of which not to exceed $5,000 may be used for official reception
and representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this title
shall be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
(including rescission of funds)
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2022: <<NOTE: Reports. Work plan.>>
Provided, That not more than 75 percent of such amount may be obligated
or expended until the Assistant Secretary submits to the Committees on
Appropriations of both Houses of Congress the report required under
section 101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading in this
title, as designated under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), to specific programs, projects, or activities:
Provided further, That of the unobligated balances available from
amounts appropriated in prior Acts under this heading, $500,000 is
hereby rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
water infrastructure finance and innovation program account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $12,000,000, to remain available until expended, for safety
projects to maintain, upgrade, and repair dams identified in the
National Inventory of Dams with a primary owner type of state, local
government, public utility, or private: Provided, That, no project may
be funded with amounts provided under this heading for a dam that is
identified as jointly owned in the National Inventory of Dams and where
one of those joint owners is the Federal Government: Provided further,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest,
[[Page 134 STAT. 1356]]
any part of which is to be guaranteed, not to exceed $950,000,000:
Provided further,
That, <<NOTE: Consultation. Reports. Analyses. Determination. Estimates.
Regulations.>> within 30 days of enactment of this Act, the Secretary,
in consultation with the Office of Management and Budget, shall transmit
a report to the Committees on Appropriations of the House of
Representatives and the Senate that provides: (1) an analysis of how
subsidy rates will be determined for loans financed by appropriations
provided under this heading in this Act; (2) a comparison of the factors
that will be considered in estimating subsidy rates for loans financed
under this heading in this Act with factors that will be considered in
estimates of subsidy rates for other projects authorized by the Water
Infrastructure Finance and Innovation Act of 2014, including an analysis
of how both sets of rates will be determined; and (3) an analysis of the
process for developing draft regulations for the Water Infrastructure
Finance and Innovation program, including a crosswalk from the statutory
requirements for such program, and a timetable for publishing such
regulations: <<NOTE: Criteria.>> Provided further, That the use of
direct loans or loan guarantee authority under this heading for direct
loans or commitments to guarantee loans for any project shall be in
accordance with the criteria published in the Federal Register on June
30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading
``Water Infrastructure Finance and Innovation Program Account'' in
division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94): Provided further,
That <<NOTE: Certification. Compliance.>> none of the direct loans or
loan guarantee authority made available under this heading shall be
available for any project unless the Secretary and the Director of the
Office of Management and Budget have certified in advance in writing
that the direct loan or loan guarantee, as applicable, and the project
comply with the criteria referenced in the previous proviso: Provided
further, That any references to the Environmental Protection Agency
(EPA) or the Administrator in the criteria referenced in the previous
two provisos shall be deemed to be references to the Army Corps of
Engineers or the Secretary of the Army, respectively, for purposes of
the direct loans or loan guarantee authority made available under this
heading: Provided further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Secretary shall promptly provide,
documentation and information relating to a project identified in a
Letter of Interest submitted to the Secretary pursuant to a Notice of
Funding Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $2,200,000, to remain available until
September 30, 2022.
[[Page 134 STAT. 1357]]
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2021, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) <<NOTE: Advance approval.>> increases funds or
personnel for any program, project, or activity for which funds
have been denied or restricted by this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(4) <<NOTE: Advance approval.>> proposes to use funds
directed for a specific activity for a different purpose, unless
prior approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) <<NOTE: Advance approval.>> augments or reduces
existing programs, projects, or activities in excess of the
amounts contained in paragraphs (6) through (10), unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: <<NOTE: Notification.>> Provided, That the Chief
of Engineers shall notify the Committees on Appropriations of
both Houses of Congress of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study, or
activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) <<NOTE: Guidelines. Applicability.>> Mississippi river
and tributaries.--The reprogramming guidelines in paragraphs
(6), (7), and (8) shall apply
[[Page 134 STAT. 1358]]
to the Investigations, Construction, and Operation and
Maintenance portions of the Mississippi River and Tributaries
Account, respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <<NOTE: Reports.>> Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities for
the current fiscal year which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The <<NOTE: Determination.>> Secretary shall allocate
funds made available in this Act solely in accordance with the
provisions of this Act and the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act),
including the determination and designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or tributaries
thereto, unless it is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland placement of
such dredged material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or any other
Act may be used to reorganize or to transfer the Civil
[[Page 134 STAT. 1359]]
Works functions or authority of the Corps of Engineers or the Secretary
of the Army to another department or agency.
Sec. 107. Additional <<NOTE: Determination.>> funding provided in
this Act shall be allocated only to projects determined to be eligible
by the Chief of Engineers.
Sec. 108. None <<NOTE: Kentucky.>> of the funds made available by
this Act may be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized
under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 109. (a) When allocating the additional funding provided in
this title under the headings ``Construction'' and ``Mississippi River
and Tributaries'', the Secretary shall initiate a total of seven new
construction starts during fiscal year 2021.
(b) <<NOTE: Contracts. Deadline.>> For new construction projects,
project cost sharing agreements shall be executed as soon as practicable
but no later than December 31, 2021.
(c) <<NOTE: Funding scenario.>> No allocation for a new start shall
be considered final and no work allowance shall be made until the
Secretary provides to the Committees on Appropriations of both Houses of
Congress an out-year funding scenario demonstrating the affordability of
the selected new starts and the impacts on other projects.
(d) <<NOTE: Work plan.>> The Secretary shall not deviate from the
new starts proposed in the work plan, once the plan has been submitted
to the Committees on Appropriations of both Houses of Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $21,000,000, to remain available until expended, of
which $1,800,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,500,000 shall be available until September 30, 2022,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year 2021,
of the amount made available to the Commission under this Act or any
other Act, the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other
[[Page 134 STAT. 1360]]
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and other
agreements with, State and local governments, federally recognized
Indian Tribes, and others, $1,521,125,000, to remain available until
expended, of which $58,476,000 shall be available for transfer to the
Upper Colorado River Basin Fund and $5,584,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of which
such amounts as may be necessary may be advanced to the Colorado River
Dam Fund: Provided, That $25,882,000 shall be available for transfer
into the Blackfeet Water Settlement Implementation Fund established by
section 3717 of Public Law 114-322: Provided further, That such
transfers may be increased or decreased within the overall appropriation
under this heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That of the amounts provided herein, funds may be used for
high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That within available funds, $250,000 shall be for grants and financial
assistance for educational activities: Provided further, That in
accordance with section 4007 of Public Law 114-322, funding provided for
such purpose in fiscal years 2017, 2018, 2019, and 2020 shall be made
available for the construction, pre-construction, or study of the
Friant-Kern Canal Capacity Correction Resulting from Subsidence, the
Boise River Basin--Anderson Ranch Dam Raise, the North-of-the-Delta Off
Stream Storage (Sites Reservoir Project), the Los Vaqueros Reservoir
Phase 2 Expansion Project, and the Cle Elum Pool Raise (Yakima), as
recommended by the Secretary in the letters dated June 22, 2020, and
December 3, 2020, inclusive; the Delta Mendota Canal Subsidence
Correction, the Del Puerto Water District, the San Luis Low Point
Improvement Project, and the Sacramento Regional Water Bank, as
recommended by the Secretary in the letter dated June 22, 2020:
Provided further, That in accordance with section 4009(c) of Public Law
114-322, and as recommended by the Secretary in a letter dated December
3, 2020, funding provided for such purpose in fiscal years 2019 and 2020
shall be made available to the El Paso Aquifer Storage and Recovery
Using Reclaimed Water Project, the Pure Water Monterey: A Groundwater
Replenishment Project, the Pure Water Soquel: Groundwater Replenishment
and Seawater Intrusion Prevention Project, the Magna Water District
Water Reclamation and Reuse Project, the Pure Water Oceanside: Mission
Basin Groundwater Purification Facility Project, the Groundwater
Reliability Improvement Program Recycled Water Project, and the Palmdale
Regional Groundwater Recharge and Recovery Project: Provided further,
That in accordance with section 4009(a) of Public Law 114-322, and as
recommended by the Secretary in a letter dated December 3, 2020, funding
provided for such purpose in fiscal years 2019 and 2020 shall be made
available to the Doheny Ocean Desalination Project, the North Pleasant
[[Page 134 STAT. 1361]]
Valley Desalter Facility, and the Energy-Efficient Brackish Groundwater
Desalination Project.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $55,875,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2022, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) <<NOTE: Advance approvals.>> None of the funds
provided in title II of this Act for Water and Related Resources, or
provided by previous or subsequent appropriations Acts to the agencies
or entities funded
[[Page 134 STAT. 1362]]
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2021, shall be
available for obligation or expenditure through a reprogramming of funds
that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of both Houses
of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``transfer'' means any movement of funds into or out of a program,
project, or activity.
(d) <<NOTE: Reports.>> The Bureau of Reclamation shall submit
reports on a quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first
quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
Sec. 202. (a) <<NOTE: Determination. California. Plan.>> None of
the funds appropriated or otherwise made available by this Act may be
used to determine the final point of discharge for the interceptor drain
for the San Luis Unit until development by the Secretary of the Interior
and the State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) <<NOTE: Reimbursement.>> The costs of the Kesterson Reservoir
Cleanup Program and the costs of the San Joaquin Valley Drainage Program
shall
[[Page 134 STAT. 1363]]
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
``Cleanup Program--Alternative Repayment Plan'' and the ``SJVDP--
Alternative Repayment Plan'' described in the report entitled
``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin
Valley Drainage Program, February 1995'', prepared by the Department of
the Interior, Bureau of Reclamation. Any future obligations of funds by
the United States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reimbursable by
San Luis Unit beneficiaries of such service or studies pursuant to
Federal reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10364(e)) is amended by striking `` $530,000,000''
and inserting `` $610,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of
Public Law 114-322, is amended by striking ``2020'' each place it
appears and inserting ``2021''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) <<NOTE: 123 Stat. 1309.>> is amended by
striking ``2020'' and inserting ``2021''.
Sec. 206. Section 6002(g)(4) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11) <<NOTE: 16 USC 1015a.>> is amended by
striking ``2020'' and inserting ``2021''.
Sec. 207. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by
striking``2020'' and inserting ``2021''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) is amended by striking ``2020'' and
inserting ``2021''.
Sec. 208. None of the funds made available by this Act may be used
for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and
Related Agencies Appropriations Act, 2020 and prior to enactment of this
Act by the Secretary of the Interior and transmitted to the appropriate
committees of Congress pursuant to section 4007, section 4009(a), or
section 4009(c) of the Water Infrastructure Improvements for the Nation
Act (Public Law 114-322) if such project is not named in this Act.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescissions of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,864,000,293, to remain
available until expended: Provided, That of such amount,
[[Page 134 STAT. 1364]]
$165,000,000 shall be available until September 30, 2022, for program
direction: Provided further, That of the unobligated balances available
from amounts appropriated in Public Law 111-8 under this heading,
$806,831 is hereby rescinded: Provided further, That of the unobligated
balances available from amounts appropriated in Public Law 111-85 under
this heading, $1,433,462 is hereby rescinded: Provided further, That no
amounts may be rescinded under the previous two provisos from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security, and
emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $156,000,000, to remain available until expended: Provided,
That of such amount, $12,000,000 shall be available until September 30,
2022, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $211,720,000, to remain available until expended: Provided,
That of such amount, $18,000,000 shall be available until September 30,
2022, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $1,507,600,000, to remain available until expended:
Provided, That of such amount, $75,131,000 shall be available until
September 30, 2022, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the
[[Page 134 STAT. 1365]]
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $750,000,000, to remain available until expended: Provided, That
of such amount $61,500,000 shall be available until September 30, 2022,
for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,006,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.), $188,000,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy Policy
and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public
Law 114-255), $1,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $6,500,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $126,800,000, to
remain available until expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $319,200,000, to remain available until
expended: Provided, That, in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2021 pursuant to section 309
of title III of division C of
[[Page 134 STAT. 1366]]
Public Law 116-94 are appropriated, to remain available until expended,
for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$841,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$5,000,000 shall be available in accordance with title X, subtitle A, of
the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles for
replacement only, $7,026,000,000, to remain available until expended:
Provided, That of such amount, $192,000,000 shall be available until
September 30, 2022, for program direction: Provided further, That of
the amount provided under this heading in this Act, $2,300,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, including interim
storage activities, $27,500,000, to remain available until expended, of
which $7,500,000 shall be derived from the Nuclear Waste Fund.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $427,000,000, to remain available until expended:
Provided, That of such amount, $35,000,000 shall be available until
September 30, 2022, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974:
[[Page 134 STAT. 1367]]
Provided, That for necessary administrative expenses of the Title 17
Innovative Technology Loan Guarantee Program, as authorized, $32,000,000
is appropriated, to remain available until September 30, 2022: Provided
further, That up to $32,000,000 of fees collected in fiscal year 2021
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections under this heading and used for
necessary administrative expenses in this appropriation and shall remain
available until September 30, 2022: Provided further, That to the
extent that fees collected in fiscal year 2021 exceed $32,000,000, those
excess amounts shall be credited as offsetting collections under this
heading and available in future fiscal years only to the extent provided
in advance in appropriations Acts: Provided further, That the sum
herein appropriated from the general fund shall be reduced (1) as such
fees are received during fiscal year 2021 (estimated at $3,000,000) and
(2) to the extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2021
appropriation from the general fund estimated at $0: Provided further,
That the Department of Energy shall not subordinate any loan obligation
to other financing in violation of section 1702 of the Energy Policy Act
of 2005 or subordinate any Guaranteed Obligation to any loan or other
debt obligations in violation of section 609.10 of title 10, Code of
Federal Regulations: Provided further, That, of the unobligated
balances available under the heading ``Department of Energy--Energy
Programs--Title 17--Innovative Technology Loan Guarantee Program'' in
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
for the cost of guaranteed loans authorized by section 1705 of the
Energy Policy Act of 2005, $392,000,000 are hereby rescinded: Provided
further, That the amounts rescinded pursuant to the preceding proviso
that were previously designated by the Congress as an emergency
requirement pursuant to section 204(a) of S. Con. Res. 21 (110th
Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and 2009, are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Advanced Technology Vehicles Manufacturing Loan Program
(including rescission of funds)
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2022:
Provided, That, of the unobligated balances available from amounts
appropriated for the costs of direct loans in section 129 of division A
of the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329), $1,908,000,000 are hereby
rescinded: Provided further, That the amounts rescinded pursuant to the
preceding proviso that were previously designated by the Congress as an
emergency requirement pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th
Congress), the concurrent resolutions on the budget for fiscal years
2008 and
[[Page 134 STAT. 1368]]
2009, are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2022.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $22,000,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$5,000,000 shall be available until September 30, 2022, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$259,378,000, to remain available until September 30, 2022, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $93,378,000 in fiscal year
2021 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2021 appropriation from the general fund estimated at not more than
$166,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$57,739,000, to remain available until September 30, 2022.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including
[[Page 134 STAT. 1369]]
the acquisition or condemnation of any real property or any facility or
for plant or facility acquisition, construction, or expansion, and the
purchase of not to exceed one aircraft, one ambulance, and two passenger
buses, for replacement only, $15,345,000,000, to remain available until
expended: Provided, That of such amount, $75,000,000 shall be available
for the Uranium Reserve Program: Provided further, That of such amount,
$123,684,000 shall be available until September 30, 2022, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,260,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,684,000,000,
to remain available until expended, of which, $91,000,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such amount,
$51,700,000 shall be available until September 30, 2022, for program
direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $443,200,000, to remain
available until September 30, 2022, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed 1 passenger minivan for replacement only, $6,426,000,000,
to remain available until expended: Provided, That of such amount,
$289,000,000 shall be available until September 30, 2022, for program
direction.
[[Page 134 STAT. 1370]]
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $920,000,000, to remain available until expended: Provided,
That of such amount, $334,948,000 shall be available until September 30,
2022, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2021, no new direct loan obligations
may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $7,246,000, including official reception
and representation expenses in an amount not to exceed $1,500, to remain
available until expended: Provided, That notwithstanding 31 U.S.C. 3302
and section 5 of the Flood Control Act of 1944, up to $7,246,000
collected by the Southeastern Power Administration from the sale of
power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the Southeastern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2021 appropriation estimated at not more than $0: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $52,000,000 collected by the
Southeastern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
[[Page 134 STAT. 1371]]
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$47,540,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $37,140,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2021 appropriation estimated at not more
than $10,400,000: Provided further, That notwithstanding 31 U.S.C.
3302, up to $34,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $259,126,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $259,126,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $169,754,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $192,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling
[[Page 134 STAT. 1372]]
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $5,776,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $5,548,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2021 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2021, the
Administrator of the Western Area Power Administration may accept up to
$1,526,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further, That
any such funds shall be available without further appropriation and
without fiscal year limitation for use by the Commissioner of the United
States Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $404,350,000, to
remain available until expended: Provided, That <<NOTE: 42 USC 7171
note.>> notwithstanding any other provision of law, not to exceed
$404,350,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2021 shall be retained and used
for expenses necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced
[[Page 134 STAT. 1373]]
as revenues are received during fiscal year 2021 so as to result in a
final fiscal year 2021 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) <<NOTE: Notifications. Deadline.>> Unless the Secretary of
Energy notifies the Committees on Appropriations of both Houses of
Congress at least 3 full business days in advance, none of the funds
made available in this title may be used to--
(A) <<NOTE: Grants.>> make a grant allocation or
discretionary grant award totaling $1,000,000 or more;
(B) <<NOTE: Contracts.>> make a discretionary contract
award or Other Transaction Agreement totaling $1,000,000 or
more, including a contract covered by the Federal Acquisition
Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or (B);
or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) <<NOTE: Reports.>> The Secretary of Energy shall submit to the
Committees on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each grant
allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) <<NOTE: Contracts. Grants.>> The Department of Energy may not,
with respect to any program, project, or activity that uses budget
authority made available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract, award a
multiyear grant, or enter into a multiyear cooperative agreement
unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time of
award; or
(2) <<NOTE: Notification. Time period.>> the contract,
grant, or cooperative agreement includes a clause conditioning
the Federal Government's obligation on the availability of
future year budget authority and the Secretary notifies the
Committees on Appropriations of both Houses of Congress at least
3 days in advance.
[[Page 134 STAT. 1374]]
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Final Bill''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) <<NOTE: Notification. Advance approval. Time period.>> The
amounts made available by this title may be reprogrammed for any
program, project, or activity, and the Department shall notify, and
obtain the prior approval of, the Committees on Appropriations of both
Houses of Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or activity funding
level to increase or decrease by more than $5,000,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) <<NOTE: Waiver authority.>> The Secretary of Energy may
waive any requirement or restriction in this section that applies to the
use of funds made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial risk to
human health, the environment, welfare, or national security.
(2) <<NOTE: Notification. Deadline.>> The Secretary of Energy shall
notify the Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall include an
explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for fiscal year 2021.
Sec. 303. None <<NOTE: Oversight. Compliance.>> of the funds made
available in this title shall be used for the construction of facilities
classified as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear safety
requirements.
Sec. 304. None <<NOTE: Cost estimate.>> of the funds made
available in this title may be used to approve critical decision-2 or
critical decision-3 under
[[Page 134 STAT. 1375]]
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost exceeds
$100,000,000, until a separate independent cost estimate has been
developed for the project for that critical decision.
Sec. 305. Notwithstanding <<NOTE: Determination. President.>>
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241),
upon a determination by the President in this fiscal year that a
regional supply shortage of refined petroleum product of significant
scope and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would assist
directly and significantly in reducing the adverse impact of such
shortage, the Secretary of Energy may draw down and sell refined
petroleum product from the Strategic Petroleum Reserve. Proceeds from a
sale under this section shall be deposited into the SPR Petroleum
Account established in section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that
section.
Sec. 306. (a) Of the offsetting collections, including unobligated
balances of such collections, in the ``Department of Energy--Power
Marketing Administration--Colorado River Basins Power Marketing Fund,
Western Area Power Administration'', $21,400,000 shall be transferred to
the ``Department of the Interior--Bureau of Reclamation--Upper Colorado
River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery efforts.
(b) No funds shall be transferred directly from ``Department of
Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses necessary
for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$180,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2022.
[[Page 134 STAT. 1376]]
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act,
$30,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under
this heading shall be available for the payment of such a non-Federal
share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $30,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $1,000,000, to remain available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the
[[Page 134 STAT. 1377]]
Atomic Energy Act of 1954, $830,900,000, including official
representation expenses not to exceed $25,000, to remain available until
expended: Provided, That of the amount appropriated herein, not more
than $9,500,000 may be made available for salaries, travel, and other
support costs for the Office of the Commission, to remain available
until September 30, 2022: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $710,293,000 in fiscal year 2021 shall be retained and used
for necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2021 so as to result in a final
fiscal year 2021 appropriation estimated at not more than $120,607,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,499,000, to remain available until September 30, 2022: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $11,106,000 in fiscal year 2021
shall be retained and be available until September 30, 2022, for
necessary salaries and expenses in this account, notwithstanding section
3302 of title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2021 so as to result in a final fiscal year 2021
appropriation estimated at not more than $2,393,000: Provided further,
That of the amounts appropriated under this heading, $1,206,000 shall be
for Inspector General services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,600,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2022.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The <<NOTE: Compliance.>> Nuclear Regulatory Commission
shall comply with the July 5, 2011, version of Chapter VI of its
Internal Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance for all
Federal agencies.
Sec. 402. (a) <<NOTE: Notification. Time period.>> The amounts made
available by this title for the Nuclear Regulatory Commission may be
reprogrammed for any program, project, or activity, and the Commission
shall notify the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease by more
than $500,000 or 10 percent, whichever is less, during the time period
covered by this Act.
(b)(1) <<NOTE: Waiver authority.>> The Nuclear Regulatory
Commission may waive the notification requirement in subsection (a) if
compliance with such
[[Page 134 STAT. 1378]]
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) <<NOTE: Notification. Deadline.>> The Nuclear Regulatory
Commission shall notify the Committees on Appropriations of both Houses
of Congress of any waiver under paragraph (1) as soon as practicable,
but not later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have
applied. <<NOTE: Reports.>> Such notice shall include an explanation of
the substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) <<NOTE: Reports.>> The Commission shall provide a monthly
report to the Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None <<NOTE: Lobbying.>> of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this
[[Page 134 STAT. 1379]]
consolidated Act), or any authority whereby a department, agency, or
instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(c) <<NOTE: Reports. Time periods.>> The head of any relevant
department or agency funded in this Act utilizing any transfer authority
shall submit to the Committees on Appropriations of both Houses of
Congress a semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6 months
and in the year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred, and shall
not replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, Tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 505. (a) <<NOTE: Waivers. 7 USC 2009aa-3 note.>> Requirements
relating to non-Federal cost-share grants and cooperative agreements for
the Delta Regional Authority under section 382D of the Agricultural Act
of 1961 and Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa-3) are waived for grants awarded in fiscal year 2020 and in
subsequent years in response to economic distress directly related to
the impacts of the Coronavirus Disease (COVID-19).
(b) <<NOTE: 40 USC 15501 note.>> Requirements relating to non-
Federal cost-share grants and cooperative agreements for the Northern
Border Regional Commission under section 15501(d) of title 40, United
States Code, are waived for grants awarded in fiscal year 2020 and in
subsequent years in response to economic distress directly related to
the impacts of the Coronavirus Disease (COVID-19).
(c) <<NOTE: 42 USC 3121 note.>> Requirements relating to non-
Federal cost-share grants and cooperative agreements for the Denali
Commission are waived for grants awarded in fiscal year 2020 and in
subsequent years in response to economic distress directly related to
the impacts of the Coronavirus Disease (COVID-19).
Sec. 506. Of the unavailable collections currently in the United
States Enrichment Corporation Fund, $291,000,000 shall be transferred to
and merged with the Uranium Enrichment Decontamination and
Decommissioning Fund and shall be available only to the extent provided
in advance in appropriations Acts.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2021''.
[[Page 134 STAT. 1380]]
DIVISION E--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2021. Department of the Treasury Appropriations Act,
2021.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the performance
of official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management policies
and programs activities, $233,000,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2022, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical
Infrastructure Protection, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in the
United States, $20,000,000, to remain available until expended:
Provided, That <<NOTE: Notification.>> the chairperson of the Committee
may transfer such amounts to any department or agency represented on the
Committee (including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available
[[Page 134 STAT. 1381]]
in addition to any other funds available to any department or agency:
Provided further, That fees authorized by section 721(p) of such Act
shall be credited to this appropriation as offsetting collections:
Provided further, That the total amount appropriated under this heading
from the general fund shall be reduced as such offsetting collections
are received during fiscal year 2021, so as to result in a total
appropriation from the general fund estimated at not more than
$15,000,000.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $175,000,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$10,000,000 shall remain available until September 30, 2022.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $18,000,000, to remain
available until September 30, 2023: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $1,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $6,118,000, to remain
available until September 30, 2023: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement ``Internal Revenue Service,
Operations Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
[[Page 134 STAT. 1382]]
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,044,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2022, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Inspector General for Tax Administration;
$170,250,000, of which $5,000,000 shall remain available until September
30, 2022; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $19,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $12,000 for official
reception and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $126,963,000, of
which not to exceed $34,335,000 shall remain available until September
30, 2023.
[[Page 134 STAT. 1383]]
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $345,569,000; of which not to exceed $8,000,000, to remain
available until September 30, 2023, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$124,337,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2022, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2021 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $270,000,000. Of the amount
appropriated under this heading--
[[Page 134 STAT. 1384]]
(1) not less than $167,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September 30,
2022, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which
up to $1,600,000 may be available for training and outreach
under section 109 of Public Law 103-325 (12 U.S.C. 4708), of
which up to $2,374,500 may be used for the cost of direct loans,
of which up to $6,000,000, notwithstanding subsection (d) of
section 108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be
available to provide financial assistance, technical assistance,
training, and outreach to community development financial
institutions to expand investments that benefit individuals with
disabilities, and of which not less than $2,000,000 shall be for
the Economic Mobility Corps to be operated in conjunction with
the Corporation for National and Community Service, pursuant to
42 U.S.C. 12571: Provided, That the cost of direct and
guaranteed loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000: Provided further, That
of the funds provided under this paragraph, excluding those made
to community development financial institutions to expand
investments that benefit individuals with disabilities and those
made to community development financial institutions that serve
populations living in persistent poverty counties, the CDFI Fund
shall prioritize Financial Assistance awards to organizations
that invest and lend in high-poverty
areas: <<NOTE: Definition. Time period.>> Provided further,
That for purposes of this section, the term ``high-poverty
area'' means any census tract with a poverty rate of at least 20
percent as measured by the 2011-2015 5-year data series
available from the American Community Survey of the Bureau of
the Census for all States and Puerto Rico or with a poverty rate
of at least 20 percent as measured by the 2010 Island areas
Decennial Census data for any territory or possession of the
United States;
(2) Not less than $16,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2022, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $26,000,000 is available until September
30, 2022, for the Bank Enterprise Award program;
(4) not less than $23,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2022, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering
[[Page 134 STAT. 1385]]
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) not less than $8,500,000 is available until September
30, 2022, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) up to $29,000,000 is available until September 30, 2021,
for administrative expenses, including administration of CDFI
Fund programs and the New Markets Tax Credit Program, of which
not less than $1,000,000 is for development of tools to better
assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(7) during fiscal year 2021, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: <<NOTE: Termination date. 12 USC 4713a
note.>> Provided further, That such section 114A shall remain
in effect until December 31, 2021: Provided further, That of
the funds awarded under this heading, except those provided for
the Economic Mobility Corps, not less than 10 percent shall be
used for awards that support investments that serve populations
living in persistent poverty counties: Provided further,
That <<NOTE: Definition. Puerto Rico. Time period.>> for the
purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the 2011-2015 5-year data series available from the American
Community Survey of the Bureau of the Census or any other
territory or possession of the United States that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000 and 2010 Island
Areas Decennial Censuses, or equivalent data, of the Bureau of
the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,555,606,000, of which not less than $11,000,000 shall
be for the Tax Counseling for the Elderly Program, of which not less
than $13,000,000 shall be available for low-income taxpayer clinic
grants, of which not less than $30,000,000, to remain available until
September 30, 2022, shall be available for the Community Volunteer
Income Tax Assistance Matching Grants Program for tax return preparation
[[Page 134 STAT. 1386]]
assistance, and of which not less than $211,000,000 shall be available
for operating expenses of the Taxpayer Advocate Service: Provided, That
of the amounts made available for the Taxpayer Advocate Service, not
less than $5,500,000 shall be for identity theft and refund fraud
casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase and hire passenger motor
vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,212,622,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2022; of which not less than
$60,257,000 shall be for the Interagency Crime and Drug Enforcement
program; and of which not to exceed $15,000,000 shall be for
investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,928,102,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2022; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2023, for research; of which not less than $10,000,000, to remain
available until expended, shall be available for establishment of an
application through which entities registering and renewing
registrations in the System for Award Management may request an
authenticated electronic certification stating that the entity does or
does not have a seriously delinquent tax debt; and of which not to
exceed $20,000 shall be for official reception and representation
expenses: Provided, That <<NOTE: Reports. Summaries. 26 USC 7801
note.>> not later than 30 days after the end of each quarter, the
Internal Revenue Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate and the
Comptroller General of the United States detailing major information
technology investments in the Internal Revenue Service Integrated
Modernization Business Plan portfolio, including detailed, plain
language summaries on the status of plans, costs, and results; prior
results and actual expenditures of the prior quarter; upcoming
deliverables and costs for the fiscal year; risks
[[Page 134 STAT. 1387]]
and mitigation strategies associated with ongoing work; reasons for any
cost or schedule variances; and total expenditures by fiscal year:
Provided further, That <<NOTE: Summaries.>> the Internal Revenue
Service shall include, in its budget justification for fiscal year 2022,
a summary of cost and schedule performance information for its major
information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $222,724,000, to remain available until
September 30, 2023, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <<NOTE: Reports. Summaries. Strategies. 26 USC 7801
note.>> Provided, That not later than 30 days after the end of each
quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing major
information technology investments in the Internal Revenue Service
Integrated Modernization Business Plan portfolio, including detailed,
plain language summaries on the status of plans, costs, and results;
prior results and actual expenditures of the prior quarter; upcoming
deliverables and costs for the fiscal year; risks and mitigation
strategies associated with ongoing work; reasons for any cost or
schedule variances; and total expenditures by fiscal year.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not <<NOTE: Advance approval.>> to exceed 4 percent of
the appropriation made available in this Act to the Internal Revenue
Service under the ``Enforcement'' heading, and not to exceed 5 percent
of any other appropriation made available in this Act to the Internal
Revenue Service, may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The <<NOTE: Procedures. Confidentiality. Identity
theft.>> Internal Revenue Service shall institute and enforce policies
and procedures that will safeguard the confidentiality of taxpayer
information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The <<NOTE: Notice.>> Internal Revenue Service shall
issue a notice of confirmation of any address change relating to an
employer
[[Page 134 STAT. 1388]]
making employment tax payments, and such notice shall be sent to both
the employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory scrutiny
based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the Treasury
Inspector General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in Anaheim,
California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. Not <<NOTE: Advance approval.>> to exceed 2 percent of
any appropriations in this title made available under the headings
``Departmental Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset Relief
Program'', ``Financial Crimes Enforcement Network'', ``Bureau of the
Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may
be transferred between such appropriations upon the advance
[[Page 134 STAT. 1389]]
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under this
section may increase or decrease any such appropriation by more than 2
percent.
Sec. 113. Not <<NOTE: Advance approval.>> to exceed 2 percent of
any appropriation made available in this Act to the Internal Revenue
Service may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 114. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 115. The Secretary of the Treasury may transfer funds from the
``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt
collection: <<NOTE: Reimbursement.>> Provided, That such amounts shall
be reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 118. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2021 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2021.
Sec. 119. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 120. The <<NOTE: Plan. Deadline.>> Secretary of the Treasury
shall submit a Capital Investment Plan to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 30 days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan shall
include capital investment spending from all accounts within the
Department of the Treasury, including but not limited to the Department-
wide Systems and Capital Investment Programs account, Treasury Franchise
Fund account, and the Treasury Forfeiture Fund account:
[[Page 134 STAT. 1390]]
Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
Sec. 121. Within <<NOTE: Reports.>> 45 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged for each
service provided by the Franchise Fund to each office, a detailed
description of the services, a detailed explanation of how each charge
for each service is calculated, and a description of the role customers
have in governing in the Franchise Fund.
Sec. 122. During <<NOTE: Non profit organizations.>> fiscal year
2021--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) <<NOTE: Applicability. Determination.>> the standard
and definitions as in effect on January 1, 2010, which are used
to make such determinations shall apply after the date of the
enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on,
before, or after such date.
Sec. 123. (a) <<NOTE: Time period. Reports.>> Not later than 60
days after the end of each quarter, the Office of Financial Stability
and the Office of Financial Research shall submit reports on their
activities to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) <<NOTE: Estimate.>> the estimated obligations for the
remainder of the fiscal year by object class, office, and
activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) <<NOTE: Estimate.>> the estimated number of full-time
equivalents within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) <<NOTE: Testimony.>> At the request of any such Committees
specified in subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to testify
on the contents of the reports required under subsection (a).
Sec. 124. In addition to the amounts otherwise made available to
the Department of the Treasury, $25,000,000, to remain available until
expended, shall be for expenses associated with digitization and
distribution of the Department's records of matured savings bonds that
have not been redeemed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2021''.
[[Page 134 STAT. 1391]]
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2021.>>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $13,641,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That <<NOTE: Notice. Deadlines.>> the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided further,
That <<NOTE: Penalties. Deadlines.>> the Executive Residence shall
charge interest and assess penalties and other charges on any such
amount that is not reimbursed within such 30 days, in accordance with
the interest and penalty provisions applicable to an outstanding debt
[[Page 134 STAT. 1392]]
on a United States Government claim under 31 U.S.C. 3717: Provided
further, That each such amount that is reimbursed, and any accompanying
interest and charges, shall be deposited in the Treasury as
miscellaneous receipts: <<NOTE: Reports.>> Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: Provided further, That <<NOTE: Records.>> the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,150,000 of which not to exceed $5,000 shall be available for
official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $100,000,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
[[Page 134 STAT. 1393]]
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar expenses,
in addition to amounts otherwise appropriated by law, $8,000,000:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the President
and the Office of the Vice President in this Act or any other Act, to
carry out such purposes.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $106,600,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the altering of
the annual work plan developed by the Corps of Engineers for submission
to the Committees on Appropriations: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided
further, That <<NOTE: Deadline. Policy reviews.>> the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further,
That <<NOTE: Notification.>> the Director of the Office of Management
and Budget shall notify the appropriate authorizing and appropriating
committees when the 60-day review is initiated: Provided further,
That <<NOTE: Reports.>> if water resource reports have not been
transmitted to the appropriate authorizing and appropriating committees
within 15 days after the end of the Office of Management and Budget
review period based on the notification from the Director, Congress
shall assume Office of Management and Budget concurrence with the report
and act accordingly.
[[Page 134 STAT. 1394]]
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008 (Public
Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,800,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $18,400,000:
Provided, That <<NOTE: 21 USC 1702 note.>> the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For <<NOTE: Deadline.>> necessary expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $290,000,000, to remain available until September 30, 2022, for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of
which not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That any
unexpended funds obligated prior to fiscal year 2019 may be used for any
other approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2020, shall be funded at not less than the fiscal year
2020 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of
effectiveness: <<NOTE: Notifications. Deadlines. Determination. Consultat
ion.>> Provided further, That the Director shall notify the Committees
on Appropriations of the initial allocation of fiscal year 2021 funding
among HIDTAs not later than 45 days after enactment of this Act, and
shall notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA Directors, not
later than 90 days after enactment of this
Act: <<NOTE: Determination.>> Provided further, That upon a
determination that all
[[Page 134 STAT. 1395]]
or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $128,182,000, to remain
available until expended, which shall be available as follows:
$102,000,000 for the Drug-Free Communities Program, of which $2,500,000
shall be made available as directed by section 4 of Public Law 107-82,
as amended by section 8204 of Public Law 115-271; $3,000,000 for drug
court training and technical assistance; $14,000,000 for anti-doping
activities; up to $2,932,000 for the United States membership dues to
the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and
$5,000,000 for activities authorized by section 103 of Public Law 114-
198: Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities: <<NOTE: Deadline. Spending plan.>> Provided further, That
the Director of the Office of National Drug Control Policy shall, not
fewer than 30 days prior to obligating funds under this heading for
United States membership dues to the World Anti-Doping Agency, submit to
the Committees on Appropriations of the House of Representatives and the
Senate a spending plan and explanation of the proposed uses of these
funds.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2022.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $12,500,000, to remain available until expended: Provided,
That the Director of the Office of Management and Budget may transfer
these funds to one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
[[Page 134 STAT. 1396]]
106, including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,698,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From <<NOTE: Advance approval.>> funds made available in
this Act under the headings ``The White House'', ``Executive Residence
at the White House'', ``White House Repair and Restoration'', ``Council
of Economic Advisers'', ``National Security Council and Homeland
Security Council'', ``Office of Administration'', ``Special Assistance
to the President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. (a) <<NOTE: President. Cost estimates.>> During fiscal
year 2021, any Executive order or Presidential memorandum issued or
revoked by the President shall be accompanied by a written statement
from the Director of the Office of Management and Budget on the
budgetary impact, including costs, benefits, and revenues, of such order
or memorandum.
(b) Any such statement shall include--
(1) <<NOTE: Summary.>> a narrative summary of the budgetary
impact of such order or memorandum on the Federal Government;
(2) <<NOTE: Time period.>> the impact on mandatory and
discretionary obligations and outlays as the result of such
order or memorandum, listed by Federal agency, for each year in
the 5-fiscal-year period beginning in fiscal year 2021; and
(3) <<NOTE: Time period.>> the impact on revenues of the
Federal Government as the result of such order or memorandum
over the 5-fiscal-year period beginning in fiscal year 2021.
[[Page 134 STAT. 1397]]
(c) <<NOTE: Deadline.>> If an Executive order or Presidential
memorandum is issued during fiscal year 2021 due to a national
emergency, the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15 days after
the date that such order or memorandum is issued.
(d) <<NOTE: Applicability.>> The requirement for cost estimates for
Presidential memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of $100,000,000.
Sec. 203. Not <<NOTE: Deadline. Memorandum. Compliance.>> later
than 30 days after the date of enactment of this Act, the Director of
the Office of Management and Budget shall issue a memorandum to all
Federal departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2021''.
TITLE III <<NOTE: Judiciary Appropriations Act, 2021.>>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $94,690,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $10,618,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $33,500,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
[[Page 134 STAT. 1398]]
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $20,000,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,393,701,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,900,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
and for necessary training and general administrative expenses,
$1,316,240,000, to remain available until expended.
[[Page 134 STAT. 1399]]
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $32,517,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$664,011,000, of which not to exceed $20,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $95,675,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $29,015,000; of which $1,800,000 shall remain
available through September 30, 2022, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
[[Page 134 STAT. 1400]]
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $19,965,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Section <<NOTE: Applicability.>> 3315(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In <<NOTE: Consultation.>> accordance with 28 U.S.C.
561-569, and notwithstanding any other provision of law, the United
States Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes of a
pilot program, the security services that 40 U.S.C. 1315 authorizes the
Department of Homeland Security to provide, except for the services
specified in 40 U.S.C. 1315(b)(2)(E). <<NOTE: Reimbursement.>> For
building-specific security services at these courthouses, the Director
of the Administrative Office of the United States Courts shall reimburse
the United States Marshals Service rather than the Department of
Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``29 years and 6 months'' and inserting
``30 years and 6 months''; and
[[Page 134 STAT. 1401]]
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``26 years and 6 months'' and inserting
``27 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``27 years and 6 months'' and
inserting ``28 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``18 years'' and
inserting ``19 years'';
(2) in the second sentence (relating to the central District
of California), by striking ``17 years and 6 months'' and
inserting ``18 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``16 years'' and inserting ``17
years''.
This title may be cited as the ``Judiciary Appropriations Act,
2021''.
TITLE IV <<NOTE: District of Columbia Appropriations Act, 2021.>>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: <<NOTE: Account.>> Provided
further, That the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program that shall
consist of the Federal funds appropriated to the Program in this Act and
any subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal year:
Provided further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use those funds
solely for the purposes of carrying out the Resident Tuition Support
Program: Provided further, That <<NOTE: Reports.>> the Office of the
Chief Financial Officer shall provide a quarterly financial report to
the Committees on Appropriations of the House of Representatives and the
Senate for these funds showing, by object class, the expenditures made
and the purpose therefor.
[[Page 134 STAT. 1402]]
federal payment for emergency planning and security costs in the
district of columbia
For <<NOTE: Determination. Consultation.>> a Federal payment of
necessary expenses, as determined by the Mayor of the District of
Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $38,400,000, to remain available
until expended, for an additional amount for fiscal year 2021, for the
costs of providing public safety at events related to the presence of
the National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions: Provided, That, of the amount
provided under this heading in this Act, $21,872,372 shall be used for
costs associated with the Presidential Inauguration held in January
2021, and shall be in addition to the amount made available for this
purpose in section 131 of the Continuing Appropriations Act, 2021 and
Other Extensions Act (Public Law 116-159).
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$250,088,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,682,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $125,660,000, of which not to exceed $2,500
is for official reception and representation expenses; for the District
of Columbia Court System, $79,247,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $30,499,000, to
remain available until September 30, 2022, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of Columbia
bar admissions may be retained and credited to this appropriation, to
remain available until expended, for salaries and expenses associated
with such activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50): <<NOTE: Time
period.>> Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further,
That <<NOTE: Deadline. Notification.>> 30 days after providing written
notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration in
the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the District
of Columbia Courts.
[[Page 134 STAT. 1403]]
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain available
until expended: Provided, That funds provided under this heading shall
be administered by the Joint Committee on Judicial Administration in the
District of Columbia: <<NOTE: Time period.>> Provided further, That,
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$245,923,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$179,180,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons: Provided further, That, of
the funds appropriated under this heading, $66,743,000 shall be
available to the Pretrial Services Agency, of which $459,000 shall
remain available until September 30, 2023, for costs associated with
relocation under a replacement lease for headquarters offices, field
offices, and related facilities: <<NOTE: Time period.>> Provided
further, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete their
terms of supervision.
[[Page 134 STAT. 1404]]
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $46,212,000: Provided, That
notwithstanding <<NOTE: Time period.>> any other provision of law, all
amounts under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender Service
may establish for employees of the District of Columbia Public Defender
Service a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, except that
the maximum amount of the payment made under the program to any
individual may not exceed the amount referred to in section
3523(b)(3)(B) of title 5, United States Code: Provided further, That
for the purposes of engaging with, and receiving services from, Federal
Franchise Fund Programs established in accordance with section 403 of
the Government Management Reform Act of 1994, as amended, the District
of Columbia Public Defender Service shall be considered an agency of the
United States Government.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,150,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2022,
to the Commission on Judicial Disabilities and Tenure, $325,000, and for
the Judicial Nomination Commission, $275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided,
That, <<NOTE: Scholarships.>> to the extent that funds are available
for opportunity scholarships and following the priorities included in
section 3006 of such Act, the Secretary of Education shall make
scholarships available to students eligible under section 3013(3) of
such Act (Public Law 112-10; 125 Stat. 211) including students who were
not offered a scholarship during any previous school year: Provided
further, That within funds provided for opportunity scholarships up to
$1,750,000 shall be for the activities specified in sections 3007(b)
through 3007(d) of the Act and up to $500,000 shall be for the
activities specified in section 3009 of the Act.
[[Page 134 STAT. 1405]]
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2021 Local Budget Act of 2020 (D.C. Act 23-408) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2021 under this
heading shall not exceed the estimates included in the Fiscal Year 2021
Local Budget Act of 2020, as amended as of the date of enactment of this
Act or the sum of the total revenues of the District of Columbia for
such fiscal year: Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital
needs: <<NOTE: Compliance.>> Provided further, That such increases
shall be approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of Columbia Home
Rule Act: Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary to assure
that the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2021, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations
Act, 2021''.
[[Page 134 STAT. 1406]]
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,400,000, to remain
available until September 30, 2022, of which not to exceed $1,000 is for
official reception and representation expenses.
Commodity Futures Trading Commission
(including transfers of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $304,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $20,000,000 shall
remain available until September 30, 2022, and of which not less than
$3,568,000 shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of
obligations equal to current year payments on leases entered into prior
to the date of enactment of this Act: Provided further, That for the
purpose of recording and liquidating any lease obligations that should
have been recorded and liquidated against accounts closed pursuant to 31
U.S.C. 1552, and consistent with the preceding proviso, such amounts
shall be transferred to and recorded in a no-year account in the
Treasury, which has been established for the sole purpose of recording
adjustments for and liquidating such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $135,000,000, of which
$1,300,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of the
Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15
U.S.C. 8004).
[[Page 134 STAT. 1407]]
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2021, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the Consumer
Product Safety Commission in the Federal Register on November 19, 2014
(79 Fed. Reg. 68964) until after--
(1) <<NOTE: Consultation. Study. Determination.>> the
National Academy of Sciences, in consultation with the National
Highway Traffic Safety Administration and the Department of
Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements were
adopted; and
(2) <<NOTE: Reports.>> a report containing the results of
the study completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $17,000,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as
[[Page 134 STAT. 1408]]
authorized by 5 U.S.C. 3109, $341,000,000, to remain available until
expended: Provided, That in addition, $33,000,000, shall be made
available until expended for implementing title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.), as added by the
Broadband DATA Act (Public Law 116-130): Provided further, That
$374,000,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2021 so as to result in a final fiscal year
2021 appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $134,495,000 for fiscal year 2021: Provided
further, That, of the amount appropriated under this heading, not less
than $11,326,800 shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 113 Stat. 3998.>> is amended by
striking ``December 31, 2020'' each place it appears and inserting
``December 31, 2021''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004, recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $71,497,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including
[[Page 134 STAT. 1409]]
services authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,600,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as authorized
by 5 U.S.C. 3109: Provided further, That, notwithstanding 31 U.S.C.
3302, funds received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to and merged
with this account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
(including transfer of funds)
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $10,000,000, to remain
available until expended: Provided, That funds appropriated in prior
appropriations Acts under the heading ``General Services
Administration--General Activities--Environmental Review Improvement
Fund'' shall be transferred to and merged with this account.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $351,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $150,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $19,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2021, so as to result in a final fiscal year
2021 appropriation from the general fund estimated at not more than
[[Page 134 STAT. 1410]]
$182,000,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts <<NOTE: Advance approvals.>> in the Fund, including
revenues and collections deposited into the Fund, shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation, and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings, including grounds, approaches,
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$9,065,489,000, of which--
(1) $230,000,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $135,500,000 shall be for the United States
Courthouse, Hartford, Connecticut; and
(B) $94,500,000 shall be for the United States
Courthouse, Chattanooga, Tennessee:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but not
to exceed 10 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount;
(2) $576,581,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $203,908,000 is for Major Repairs and
Alterations; and
(B) $372,673,000 is for Basic Repairs and
Alterations:
[[Page 134 STAT. 1411]]
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act
may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any prior
Act for ``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to buildings
necessary to meet the minimum standards for security in
accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to ``Basic Repairs and Alterations'' or used
to fund authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act for
``Basic Repairs and Alterations'' may be used to pay claims
against the Government arising from any projects under the
heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,725,464,000 for rental of space to remain available
until expended; and
(4) $2,533,444,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under 40
U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private
or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2021, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
[[Page 134 STAT. 1412]]
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $64,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; and services as authorized by
5 U.S.C. 3109; $49,440,000, of which $26,890,000 is for Real and
Personal Property Management and Disposal; and of which $22,550,000 is
for the Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$9,301,000, of which $2,000,000 shall remain available until September
30, 2022.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That not to
exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $4,400,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of innovative
uses of information technology; $55,000,000, to be deposited into the
Federal Citizen Services Fund: Provided,
[[Page 134 STAT. 1413]]
That the previous amount may be transferred to Federal agencies to carry
out the purpose of the Federal Citizen Services Fund: Provided further,
That the appropriations, revenues, reimbursements, and collections
deposited into the Fund shall be available until expended for necessary
expenses of Federal Citizen Services and other activities that enable
the Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $100,000,000:
Provided further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2021 in excess of
such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That, of the total amount appropriated, up to $5,000,000 shall
be available for support functions and full-time hires to support
activities related to the Administration's requirements under title II
of the Foundations for Evidence-Based Policymaking Act (Public Law 115-
435): Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided in this
Act.
expenses, presidential transition
(including transfers of funds)
For necessary expenses to carry out the Presidential Transition Act
of 1963 (3 U.S.C. 102 note) and 40 U.S.C. 581(e), $9,900,000, of which
not to exceed $1,000,000 is for activities authorized by sections
3(a)(8) and 3(a)(9) of the Act: <<NOTE: Reimbursements.>> Provided,
That such amounts may be transferred and credited to the ``Acquisition
Services Fund'' or ``Federal Buildings Fund'' to reimburse obligations
incurred prior to enactment of this Act for the purposes provided herein
related to the Presidential election in 2020: Provided further, That
amounts available under this heading shall be in addition to any other
amounts available for such purposes: <<NOTE: Rescission.>> Provided
further, That in the case where the President-elect is the incumbent
President or in the case where the Vice-President-elect is the incumbent
Vice President, $8,900,000 is hereby permanently rescinded, pursuant to
section 3(g) of the Presidential Transition Act of 1963.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
asset proceeds and space management fund
For carrying out section 16(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), $16,000,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
[[Page 134 STAT. 1414]]
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2021 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: <<NOTE: Advance approval.>> Provided, That any
proposed transfers shall be approved in advance by the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 522. Except <<NOTE: Courts. Study.>> as otherwise provided in
this title, funds made available by this Act shall be used to transmit a
fiscal year 2022 request for United States Courthouse construction only
if the request: (1) meets the design guide standards for construction as
established and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Management
and Budget; (2) reflects the priorities of the Judicial Conference of
the United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 523. None <<NOTE: Determination.>> of the funds provided in
this Act may be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any agency that
does not pay the rate per square foot assessment for space and services
as determined by the General Services Administration in consideration of
the Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From <<NOTE: Notification.>> funds made available under
the heading ``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000 arising
from direct construction projects and acquisition of buildings may be
liquidated from savings effected in other construction projects with
prior notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In <<NOTE: Contracts. Determination. Statement.>> any
case in which the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority pursuant
to a prospectus transmitted to Congress by the Administrator of the
General Services Administration under 40 U.S.C. 3307, the Administrator
shall ensure that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With <<NOTE: Spending plan. Deadline.>> respect to each
project funded under the heading ``Major Repairs and Alterations'', and
with respect to E-Government projects funded under the heading ``Federal
Citizen Services Fund'', the Administrator of General Services shall
submit a spending plan and explanation for each project to be undertaken
to the Committees on Appropriations of the House of Representatives and
the Senate not later than 60 days after the date of enactment of this
Act.
[[Page 134 STAT. 1415]]
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $2,000,000, to remain
available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2022, and in addition not to exceed $2,345,000, to remain
available until September 30, 2022, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,800,000, to remain available until expended, of
which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000
shall be available to carry out the activities authorized by section
6(7) of Public Law 102-259 and section 817(a) of Public Law 106-568 (20
U.S.C. 5604(7)): Provided, That all current and previous amounts
transferred to the Office of Inspector General of the Department of the
Interior will remain available until expended for audits and
investigations of the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C. App.), as
amended, and for annual independent financial audits of the Morris K.
Udall and Stewart L. Udall Foundation pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289): Provided further, That
previous amounts transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris K. Udall and
Stewart L. Udall Foundation for annual independent financial audits
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289).
[[Page 134 STAT. 1416]]
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,200,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $377,000,000, of which $9,230,000 shall remain available until
expended for improvements necessary to enhance the Federal Government's
ability to electronically preserve, manage, and store Government
records, and of which up to $2,000,000 shall remain available until
expended to implement the Civil Rights Cold Case Records Collection Act
of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $9,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,500,000, to
remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 shall be
available until September 30, 2022, for technical assistance to low-
income designated credit unions.
[[Page 134 STAT. 1417]]
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $18,600,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
and payment of per diem and/or subsistence allowances to employees where
Voting Rights Act activities require an employee to remain overnight at
his or her post of duty, $160,130,000: Provided, That of the total
amount made available under this heading, at least $9,000,000 shall
remain available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial System
migration or modernization, and shall be in addition to funds otherwise
made available for such purposes: Provided further, That of the total
amount made available under this heading, not less than $350,000 shall
be used to hire additional congressional liaisons: Provided further,
That of the total amount made available under this heading, $1,068,000
may be made available for strengthening the capacity and capabilities of
the acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including
the recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce effectiveness
or for management solutions to improve acquisition management; and in
addition $169,625,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to other
statutes, including direct procurement of printed materials, for the
retirement and insurance programs: Provided further, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this appropriation shall
be available for salaries and expenses of the Legal Examining Unit of
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further,
That <<NOTE: Donations.>> the President's Commission on White House
Fellows, established by Executive Order No. 11183 of October 3, 1964,
may,
[[Page 134 STAT. 1418]]
during fiscal year 2021, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $27,265,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles; $29,500,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $17,000,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,500,000, to
remain available until September 30, 2022.
[[Page 134 STAT. 1419]]
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $3,500,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,894,835,000, to remain available until
expended; of which not less than $16,313,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available for
a permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations and staffs to exchange views concerning securities matters,
such expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel and
transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission's District of Columbia headquarters, not to exceed
$18,650,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities, not to exceed
$12,677,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2021, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2021:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $1,894,835,000 of such offsetting collections shall be available
until expended for necessary expenses of this account; not to exceed
$18,650,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's District of
Columbia headquarters facilities; and not to exceed $12,677,000 of such
offsetting collections shall be available until expended for move,
replication, and related costs under this heading associated with a
replacement lease for the Commission's San Francisco Regional Office
facilities: Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2021 shall be reduced
as such offsetting fees are received so as to result in a final total
fiscal year 2021 appropriation from the general fund estimated at not
[[Page 134 STAT. 1420]]
more than $0: Provided further, That if any amount of the appropriation
for move, replication, and related costs associated with a replacement
lease for the Commission's District of Columbia headquarters office
facilities or if any amount of the appropriation for costs associated
with a replacement lease for the Commission's San Francisco Regional
Office is subsequently de-obligated by the Commission, such amount that
was derived from the general fund shall be returned to the general fund,
and such amounts that were derived from fees or assessments collected
for such purpose shall be paid to each national securities exchange and
national securities association, respectively, in proportion to any fees
or assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2021.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses;
$26,000,000: <<NOTE: President.>> Provided, That during the current
fiscal year, the President may exempt this appropriation from the
provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended for or
in connection with the induction of any person into the Armed Forces of
the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $270,157,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: <<NOTE: Fees.>> Provided, That the Administrator is
authorized to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
received from all such activities shall be credited to this account, to
remain available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2021: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2022.
[[Page 134 STAT. 1421]]
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $272,000,000, to remain available until
September 30, 2022: Provided, That $136,000,000 shall be available to
fund grants for performance in fiscal year 2021 or fiscal year 2022 as
authorized by section 21 of the Small Business Act: Provided further,
That $35,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $19,500,000 shall be available for
grants to States to carry out export programs that assist small business
concerns authorized under section 22(l) of the Small Business Act (15
U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$22,011,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$9,190,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $5,000,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
7(a) of the Small Business Act (Public Law 83-163), $15,000,000, to
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That subject to
section 502 of the Congressional Budget Act of 1974, during fiscal year
2021 commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2021 commitments for general
business loans authorized under paragraphs (1) through (35) of section
7(a) of the Small Business Act shall not exceed $30,000,000,000 for a
combination of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during
fiscal year 2021 commitments for loans authorized under subparagraph (C)
of section 502(7) of the Small Business Investment Act of 1958 (15
U.S.C. 696(7)) shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2021 commitments to guarantee loans for debentures
under section 303(b) of the Small Business Investment Act of 1958 shall
not exceed $4,000,000,000: Provided further, That during fiscal year
2021, guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$13,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed
[[Page 134 STAT. 1422]]
loan programs, $160,300,000, which may be transferred to and merged with
the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $168,075,000, to
be available until expended, of which $1,600,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $158,075,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $8,400,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided under this heading,
$142,864,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177).
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. Not <<NOTE: Advance approval.>> to exceed 3 percent of
any appropriation made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses'' and
``Business Loans Program Account'' may be transferred to the
Administration's information technology system modernization and working
capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of
division A of the National Defense Authorization Act for Fiscal Year
2018, for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2024.
[[Page 134 STAT. 1423]]
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $55,333,000: Provided,
That <<NOTE: Mail.>> mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery and
rural delivery of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices:
Provided further, That the Postal Service may not destroy, and shall
continue to offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$250,000,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses; $56,100,000, of which
$1,000,000 shall remain available until expended: Provided, That
travel <<NOTE: Certificate.>> expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
[[Page 134 STAT. 1424]]
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No <<NOTE: Compliance.>> funds appropriated pursuant to
this Act may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83 of title
41, United States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except <<NOTE: Advance approval.>> as otherwise provided
in this Act, none of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2021, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific activity
by the Committee on Appropriations of either the House of
Representatives or the Senate for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or reorganizes offices, programs, or activities unless prior
approval is received from the Committees on Appropriations of the House
of Representatives and the Senate: Provided,
That <<NOTE: Consultation.>> prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That <<NOTE: Reports.>> not later than 60
days after the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the baseline
[[Page 134 STAT. 1425]]
for application of reprogramming and transfer authorities for the
current fiscal year: <<NOTE: Applicability.>> Provided further, That
at a minimum the report shall include: (1) a table for each
appropriation, detailing both full-time employee equivalents and budget
authority, with separate columns to display the prior year enacted
level, the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation and its respective prior year enacted level by object
class and program, project, and activity as detailed in this Act, in the
accompanying report, or in the budget appendix for the respective
appropriation, whichever is more detailed, and which shall apply to all
items for which a dollar amount is specified and to all programs for
which new budget authority is provided, as well as to discretionary
grants and discretionary grant allocations; and (3) an identification of
items of special congressional interest: <<NOTE: Penalties.>> Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2021 from appropriations made available for salaries and
expenses for fiscal year 2021 in this Act, shall remain available
through September 30, 2022, for each such account for the purposes
authorized: <<NOTE: Approval request.>> Provided, That a request shall
be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 610. (a) <<NOTE: Background investigations.>> None of the
funds made available in this Act may be used by the Executive Office of
the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) <<NOTE: Determination. Tax exemption.>> a determination
with respect to the treatment of an organization as described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code from the
Department of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) <<NOTE: Deadline.>> in the case of an official
background investigation report, if such individual has given
express written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations
[[Page 134 STAT. 1426]]
Act) funds made available to the Office of Personnel Management pursuant
to court approval.
Sec. 613. No <<NOTE: Abortion.>> funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. (a)(1) <<NOTE: Contracts. Consultation.>> Notwithstanding
any other provision of law, an Executive agency covered by this Act
otherwise authorized to enter into contracts for either leases or the
construction or alteration of real property for office, meeting,
storage, or other space must consult with the General Services
Administration before issuing a solicitation for offers of new leases or
construction contracts, and in the case of succeeding leases, before
entering into negotiations with the current lessor.
(2) <<NOTE: President.>> Any such agency with authority to enter
into an emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect to such
agency.
(b) <<NOTE: Definition.>> For purposes of this section, the term
``Executive agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
[[Page 134 STAT. 1427]]
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 619. None <<NOTE: Reports. Compliance.>> of the funds made
available in this Act may be used by the Federal Trade Commission to
complete the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency Working Group
on Food Marketed to Children complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) <<NOTE: Consultation.>> Amounts appropriated for any executive
branch agency funded by this Act that are available for information
technology shall be allocated within the agency, consistent with the
provisions of appropriations Acts and budget guidelines and
recommendations from the Director of the Office of Management and
Budget, in such manner as specified by, or approved by, the Chief
Information Officer of the agency in consultation with the Chief
Financial Officer of the agency and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is in
electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the United States.
Sec. 623. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change the
rules or regulations of the Commission for universal service high-cost
support for competitive eligible telecommunications carriers in a way
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307
of title 47, Code of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission from
considering, developing, or adopting other support mechanisms as an
alternative to Mobility Fund Phase II.
[[Page 134 STAT. 1428]]
Sec. 624. No <<NOTE: Records.>> funds provided in this Act shall
be used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General's access to such records, documents, or
other materials, under any provision of law, except a provision of law
that expressly refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency covered by
this section shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner. Each
Inspector General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. <<NOTE: Reports. Compliance.>> Each
Inspector General covered by this section shall report to the Committees
on Appropriations of the House of Representatives and the Senate within
5 calendar days any failures to comply with this requirement.
Sec. 625. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-
related activity.
Sec. 626. None <<NOTE: Contracts. Determination.>> of the funds
appropriated or other-wise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the Federal
Acquisition Regulation.
Sec. 627. (a) <<NOTE: Conference
attendees. Determinations. Notifications.>> None of the funds made
available under this Act may be used to pay for travel and conference
activities that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees
[[Page 134 STAT. 1429]]
of executive branch agencies funded by this Act in contravention of
sections 301-10.122 through 301-10.125 of title 41, Code of Federal
Regulations.
Sec. 629. In addition to any amounts appropriated or otherwise made
available for expenses related to enhancements to www.oversight.gov,
$850,000, to remain available until expended, shall be provided for an
additional amount for such purpose to the Inspectors General Council
Fund established pursuant to section 11(c)(3)(B) of the Inspector
General Act of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to the Council
of the Inspectors General on Integrity and Efficiency under section 11
of the Inspector General Act of 1978 (5 U.S.C. App.).
Sec. 630. None <<NOTE: Notification.>> of the funds made available
by this Act may be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and Budget
Circular A-87 (revised May 10, 2004), unless advance notice of such an
obligation is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 631. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 632. Federal <<NOTE: Requirement.>> agencies funded under
this Act shall clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or Internet
postings, that the communication is printed, published, or produced and
disseminated at U.S. taxpayer expense. The funds used by a Federal
agency to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
Sec. 633. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 634. Of the unobligated balances available in the Department
of the Treasury, Treasury Forfeiture Fund, established by section 9703
of title 31, United States Code, $75,000,000 shall be permanently
rescinded not later than September 30, 2021.
Sec. 635. Not <<NOTE: Reports.>> later than 45 days after the last
day of each quarter, each agency funded in this Act shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a quarterly budget report that includes total
obligations of the Agency for that quarter for each appropriation, by
the source year of the appropriation.
[[Page 134 STAT. 1430]]
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No <<NOTE: Drug-free workplace.>> department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 2021 shall obligate or expend any
such funds, unless such department, agency, or instrumentality has in
place, and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances (as defined in
the Controlled Substances Act (21 U.S.C. 802)) by the officers and
employees of such department, agency, or instrumentality.
Sec. 702. Unless <<NOTE: 31 USC 1343 note.>> otherwise
specifically provided, the maximum amount allowable during the current
fiscal year in accordance with subsection 1343(c) of title 31, United
States Code, for the purchase of any passenger motor vehicle (exclusive
of buses, ambulances, law enforcement vehicles, protective vehicles, and
undercover surveillance vehicles), is hereby fixed at $19,947 except
station wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless <<NOTE: 5 USC 3101 note.>> otherwise specified in
law during the current fiscal year, no part of any appropriation
contained in this or any other Act shall be used to pay the compensation
of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent resident and then
a citizen when eligible; or (4) is a person
[[Page 134 STAT. 1431]]
who owes allegiance to the United States: <<NOTE: Affidavits.>>
Provided, That for purposes of this section, affidavits signed by any
such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status are being
complied with: Provided further, That <<NOTE: Affidavits.>> for
purposes of subsections (2) and (3) such affidavits shall be submitted
prior to employment and updated thereafter as
necessary: <<NOTE: Penalties.>> Provided further, That any person
making a false affidavit shall be guilty of a felony, and upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided further,
That <<NOTE: Time period.>> this section shall not apply to any person
who is an officer or employee of the Government of the United States on
the date of enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies: Provided
further, That <<NOTE: Time period.>> this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to the
effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable
[[Page 134 STAT. 1432]]
to the expenditure of such funds unless otherwise specified in the Act
by which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During <<NOTE: Notification.>> the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. <<NOTE: Definition.>> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) <<NOTE: Certification.>> None of the funds made
available by this or any other Act may be obligated or expended by any
department, agency, or other instrumentality of the Federal Government
to pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title 5,
United States Code, (pursuant to schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations) unless the head of the
applicable department, agency, or other instrumentality employing such
schedule C individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by the
individual was not created solely or primarily in order to detail the
individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
[[Page 134 STAT. 1433]]
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No <<NOTE: Propaganda. Lobbying.>> part of any funds
appropriated in this or any other Act shall be used by an agency of the
executive branch, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such
[[Page 134 STAT. 1434]]
as mailing, telephone, or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No <<NOTE: Propaganda.>> part of any appropriation
contained in this or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda purposes
within the United States not heretofore authorized by Congress.
Sec. 719. (a) <<NOTE: Definitions.>> In this section, the term
``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the
Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding <<NOTE: Reimbursement.>> 31 U.S.C. 1346
and section 708 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these <<NOTE: Consultation.>> funds shall be administered by the
Administrator of General Services to support Government-wide and other
multi-agency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency and multi-agency groups designated by the
Director (including the President's Management Council for overall
management improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information Officers
Council for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief Acquisition
Officers Council for procurement initiatives, and the Performance
Improvement Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall not exceed
$15,000,000 to improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals established by
31 U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2021 shall
remain available for obligation through September 30, 2022:
[[Page 134 STAT. 1435]]
Provided further, That <<NOTE: Time period. Notification.>> such
transfers or reimbursements may only be made after 15 days following
notification of the Committees on Appropriations of the House of
Representatives and the Senate by the Director of the Office of
Management and Budget.
Sec. 722. Notwithstanding <<NOTE: Breastfeeding.>> any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: <<NOTE: Reports.>> Provided, That the Office of
Management and Budget shall provide a report describing the budget of
and resources connected with the National Science and Technology Council
to the Committees on Appropriations, the House Committee on Science,
Space, and Technology, and the Senate Committee on Commerce, Science,
and Transportation 90 days after enactment of this Act.
Sec. 724. Any <<NOTE: Compliance.>> request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2, Code of
Federal Regulations: Provided, That <<NOTE: Applicability.>> this
section shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
[[Page 134 STAT. 1436]]
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) <<NOTE: Contracts. Drugs and drug
abuse. Contraceptives.>> None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) <<NOTE: Religion.>> Nothing in this section shall apply to a
contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 727. The <<NOTE: Anti-doping.>> United States is committed to
ensuring the health of its Olympic, Pan American, and Paralympic
athletes, and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding <<NOTE: Contracts. Advance approval.>>
any other provision of law, no executive branch agency shall purchase,
construct, or lease any additional facilities, except within or
contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, except that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional facilities by
lease, contract, or other agreement for training which cannot be
accommodated in existing Center facilities.
Sec. 731. Unless <<NOTE: News stories.>> otherwise authorized by
existing law, none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged news story
[[Page 134 STAT. 1437]]
intended for broadcast or distribution in the United States, unless the
story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) <<NOTE: Contracts.>> In General.--None of the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.
(b) Waivers.--
(1) <<NOTE: Determination.>> In general.--Any Secretary
shall waive subsection (a) with respect to any Federal
Government contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2021, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States
Code.
Sec. 735. (a) <<NOTE: Contracts.>> None of the funds made available
in this or any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) <<NOTE: Definitions.>> In this section, each of the terms
``contribution'', ``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'', ``election'', and
``Federal office'' has the meaning given
[[Page 134 STAT. 1438]]
such term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).
Sec. 736. None of the funds made available in this or any other Act
may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) <<NOTE: 5 USC 5343 note.>> Notwithstanding any
other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2021,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2021, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2021, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2021 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2021 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) <<NOTE: Determination. Regulations.>> For the purposes of this
subsection, the rates payable to an employee who is covered by this
subsection and who is paid from a schedule not in existence on September
30, 2020, shall be determined under regulations prescribed by the Office
of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2020, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) <<NOTE: Applicability.>> This subsection shall apply with
respect to pay for service performed after September 30, 2020.
[[Page 134 STAT. 1439]]
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) <<NOTE: Determination.>> The Office of Personnel Management may
provide for exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to ensure the
recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2021
under sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) <<NOTE: Effective date.>> effective as of the first day
of the first applicable pay period beginning after September 30,
2020.
Sec. 738. (a) <<NOTE: Reports. Contracts.>> The head of any
Executive branch department, agency, board, commission, or office funded
by this or any other appropriations Act shall submit annual reports to
the Inspector General or senior ethics official for any entity without
an Inspector General, regarding the costs and contracting procedures
related to each conference held by any such department, agency, board,
commission, or office during fiscal year 2021 for which the cost to the
United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) <<NOTE: Statement.>> a detailed statement of the costs
to the United States Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
[[Page 134 STAT. 1440]]
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) <<NOTE: Deadline. Time period. Notification.>> Within 15 days
after the end of a quarter, the head of any such department, agency,
board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General, of
the date, location, and number of employees attending a conference held
by any Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2021
for which the cost to the United States Government was more than
$20,000.
(d) <<NOTE: Grants. Contracts.>> A grant or contract funded by
amounts appropriated by this or any other appropriations Act may not be
used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding
for a program, project, or activity as proposed in the President's
budget request for a fiscal year until such proposed change is
subsequently enacted in an appropriation Act, or unless such change is
made pursuant to the reprogramming or transfer provisions of this or any
other appropriations Act.
Sec. 740. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) <<NOTE: Contracts. Grants. Confidentiality
agreements.>> None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
[[Page 134 STAT. 1441]]
Sec. 743. (a) <<NOTE: Nondisclosure agreements.>> No funds
appropriated in this or any other Act may be used to implement or
enforce the agreements in Standard Forms 312 and 4414 of the Government
or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ``These
provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created
by existing statute or Executive order relating to (1) classified
information, (2) communications to Congress, (3) the reporting to an
Inspector General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress, or to
an authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744.
None <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax
liability. Determination.>> of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745.
None <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
l violations. Time period. Determination.>> of the funds made available
by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that was
convicted of a felony criminal violation under any Federal law within
the preceding 24 months, where the awarding agency is aware of the
conviction, unless a Federal agency has considered
[[Page 134 STAT. 1442]]
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 746. (a) <<NOTE: Notification.>> During fiscal year 2021, on
the date on which a request is made for a transfer of funds in
accordance with section 1017 of Public Law 111-203, the Bureau of
Consumer Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) <<NOTE: Notification. Public information. Web posting.>> Any
notification required by this section shall be made available on the
Bureau's public website.
Sec. 747. If, for fiscal year 2021, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences with
the Congressional Budget Office, an adjustment to the discretionary
spending limit in such category for fiscal year 2021 shall be made by
the Director of the Office of Management and Budget in the amount of the
excess but the total of all such adjustments shall not exceed 0.2
percent of the sum of the adjusted discretionary spending limits for all
categories for that fiscal year.
Sec. 748. (a) <<NOTE: 5 USC 5303 note.>> Notwithstanding any
official rate adjusted under section 104 of title 3, United States Code,
the rate payable to the Vice President during calendar year 2021 shall
be the rate payable to the Vice President on December 31, 2020, by
operation of section 749 of division C of Public Law 116-93.
(b) Notwithstanding any official rate adjusted under section 5318 of
title 5, United States Code, or any other provision of law, the payable
rate during calendar year 2021 for an employee serving in an Executive
Schedule position, or in a position for which the rate of pay is fixed
by statute at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2020, by
operation of section 749 of division C of Public Law 116-93. Such an
employee may not receive a rate increase during calendar year 2021,
except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission or
ambassador at large is subject to subsection (b) in the same manner as
other employees who are paid at an Executive Schedule rate.
(d)(1) <<NOTE: Applicability.>> This subsection applies to--
(A) a noncareer appointee in the Senior Executive
Service paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under
a political appointment and paid a rate of basic pay at
or above the official rate for level IV of the Executive
Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1) may
not receive a pay rate increase during calendar year 2021,
except as provided in subsection (i).
[[Page 134 STAT. 1443]]
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality- based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase during
calendar year 2021, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under section
302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such
time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. <<NOTE: Effective date.>> Any such increase must be based on
the rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2020, by operation of section 749 of division C
of Public Law 116-93.
(j) <<NOTE: Effective date.>> Notwithstanding any other provision
of law, for an individual who is newly appointed to a covered position
during the period of time subject to this section, the initial pay rate
shall be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2020, by operation of section 749
of division C of Public Law 116-93.
(k) <<NOTE: Applicability.>> If an employee affected by this
section is subject to a biweekly pay period that begins in calendar year
2021 but ends in calendar year 2022, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay period.
(l) <<NOTE: Definition.>> For the purpose of this section, the term
``covered position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) <<NOTE: Effective date.>> This section takes effect on the
first day of the first applicable pay period beginning on or after
January 1, 2021.
Sec. 749. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
[[Page 134 STAT. 1444]]
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None <<NOTE: Propaganda. Lobbying.>> of the Federal
funds provided in this Act shall be used for publicity or propaganda
purposes or implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any State
legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2021, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) <<NOTE: Advance approval.>> increases by 20 percent or
more personnel assigned to a specific program, project or
responsibility center, unless prior approval is received from
the Committees on Appropriations of the House of Representatives
and the Senate.
(b) <<NOTE: Time period.>> The District of Columbia government is
authorized to approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2021.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official
duties. <<NOTE: Definition.>> For purposes of this section, the term
``official duties'' does not include travel between the officer's or
employee's residence and workplace, except in the case of--
[[Page 134 STAT. 1445]]
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or employee
of the Homeland Security and Emergency Management Agency who
resides in the District of Columbia and is on call 24 hours a
day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) <<NOTE: Voting rights.>> None of the Federal funds
contained in this Act may be used by the District of Columbia Attorney
General or any other officer or entity of the District government to
provide assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress for
the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. None <<NOTE: Needle distribution.>> of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 808. Nothing <<NOTE: Contraceptives. Conscience exception.>>
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
Sec. 809. (a) <<NOTE: Penalties. Drugs and drug abuse.>> None of
the Federal funds contained in this Act may be used to enact or carry
out any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District
of Columbia government under any authority may be used to enact any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
[[Page 134 STAT. 1446]]
Sec. 810. No <<NOTE: Abortion.>> funds available for obligation or
expenditure by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 811. (a) <<NOTE: Deadline. Operating budget.>> No later than
30 calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating budget in
the format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
District of Columbia government for fiscal year 2021 that is in the
total amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) <<NOTE: Applicability. Certification.>> This section shall
apply only to an agency for which the Chief Financial Officer for the
District of Columbia certifies that a reallocation is required to
address unanticipated changes in program requirements.
Sec. 812. No <<NOTE: Deadline. Operating budget.>> later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating budget for
the District of Columbia Public Schools that aligns schools budgets to
actual enrollment. The revised appropriated funds budget shall be in the
format of the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2021 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2021 in
this Act, shall remain available through September 30, 2022, for each
such account for the purposes authorized: Provided,
That <<NOTE: Advance approval.>> a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further,
[[Page 134 STAT. 1447]]
That these requests <<NOTE: Compliance.>> shall be made in compliance
with reprogramming guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) <<NOTE: Time period.>> During fiscal year 2022,
during a period in which neither a District of Columbia continuing
resolution or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the Act
referred to in paragraph (2) (subject to any modifications enacted by
the District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a proposed
budget is approved for fiscal year 2022 which (subject to the
requirements of the District of Columbia Home Rule Act) will
constitute the local portion of the annual budget for the
District of Columbia government for fiscal year 2022 for
purposes of section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2022 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2022.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
(d) <<NOTE: Applicability.>> An appropriation made by subsection
(a) shall cover all obligations or expenditures incurred for such
project or activity during the portion of fiscal year 2022 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity during any
period of fiscal year 2022 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9-1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) <<NOTE: Definition. Virginia.>> In this section, the term
``Long Bridge Project'' means the project carried out by the District of
Columbia and the Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River, including
related infrastructure and other related projects, to expand commuter
and regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.
[[Page 134 STAT. 1448]]
Sec. 818. Not <<NOTE: Time period. Reports.>> later than 45 days
after the last day of each quarter, each Federal and District government
agency appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations of the
Agency for that quarter for each Federal funds appropriation provided in
this Act, by the source year of the appropriation.
Sec. 819. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
TITLE IX
GENERAL PROVISION--EMERGENCY FUNDING
Sec. 901. For an additional amount for ``Records Center Revolving
Fund'' for the Federal Record Centers Program, $50,000,000, to remain
available until September 30, 2022, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, which shall be for
offsetting the loss resulting from the coronavirus pandemic of the user
charges collected by such Fund pursuant to subsection (c) under the
heading ``Records Center Revolving Fund'' in Public Law 106-58, as
amended (44 U.S.C. 2901 note): <<NOTE: Reimbursement.>> Provided, That
the amount provided under this section in this Act may be used to
reimburse the Fund for obligations incurred for this purpose prior to
the date of the enactment of this Act: Provided further, That such
amount is provided without regard to the limitation in subsection (d)
under the heading ``Records Center Revolving Fund'' in Public Law 106-
58, as amended (44 U.S.C. 2901 note): <<NOTE: Armed Forces. Records.>>
Provided further, That the amount provided under this section in this
Act may be used to accelerate processing of requests for military
service records received during the pandemic: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2021''.
DIVISION F--DEPARTMENT <<NOTE: Department of Homeland Security
Appropriations Act, 2021.>> OF HOMELAND SECURITY APPROPRIATIONS ACT,
2021
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $180,819,000; of which
$20,000,000 shall be for the Office of the Ombudsman for Immigration
Detention, of which $5,000,000 shall remain available until September
30, 2022: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses.
[[Page 134 STAT. 1449]]
federal assistance
(including transfers of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $25,000,000, which shall
be transferred to the Federal Emergency Management Agency, of which
$20,000,000 shall be for targeted violence and terrorism prevention
grants and of which $5,000,000 shall be for an Alternatives to Detention
Case Management pilot program, to remain available until September 30,
2022: Provided, That the amounts made available for the pilot program
shall be awarded to nonprofit organizations and local governments and
administered by a National Board, which shall be chaired by the Officer
for Civil Rights and Civil Liberties, for the purposes of providing case
management services, including but not limited to: mental health
services; human and sex trafficking screening; legal orientation
programs; cultural orientation programs; connections to social services;
and for individuals who will be removed, reintegration services:
Provided further, That such services shall be provided to each
individual enrolled into the U.S. Immigration and Customs Enforcement
Alternatives to Detention program in the geographic areas served by the
pilot program: <<NOTE: Informed consent.>> Provided further, That any
such individual may opt out of receiving such services after providing
written informed consent: Provided further, That not to exceed $350,000
shall be for the administrative costs of the Department of Homeland
Security for the pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,398,162,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $214,795,000, of which
$159,611,000 shall remain available until September 30, 2023; and of
which $55,184,000 shall remain available until September 30, 2025.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal Protective Service.
[[Page 134 STAT. 1450]]
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$298,500,000, of which $82,620,000 shall remain available until
September 30, 2022: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $190,186,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) <<NOTE: Reports. Grants. Contracts. Time period.>>
The Secretary of Homeland Security shall submit a report not later than
October 15, 2021, to the Inspector General of the Department of Homeland
Security listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2020 or 2021.
(b) <<NOTE: Review. Assessment. Compliance.>> The Inspector General
shall review the report required by subsection (a) to assess
departmental compliance with applicable laws and regulations and report
the results of that review to the Committees on Appropriations of the
Senate and the House of Representatives not later than February 15,
2022.
Sec. 102. Not <<NOTE: Budget. Reports.>> later than 30 days after
the last day of each month, the Chief Financial Officer of the
Department of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a monthly
budget and staffing report that includes total obligations of the
Department for that month and for the fiscal year at the appropriation
and program, project, and activity levels, by the source year of the
appropriation.
Sec. 103. The <<NOTE: Contracts. Award fees.>> Secretary of
Homeland Security shall require that all contracts of the Department of
Homeland Security that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of cost,
schedule, and performance.
Sec. 104. (a) <<NOTE: Consultation. Notifications.>> The Secretary
of Homeland Security, in consultation with the Secretary of the
Treasury, shall notify the Committees on Appropriations of the Senate
and the House of Representatives of any proposed transfers of funds
available under section 9705(g)(4)(B) of title 31, United States Code,
from the Department of the Treasury Forfeiture Fund to any agency within
the Department of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
[[Page 134 STAT. 1451]]
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. Section <<NOTE: Applicability.>> 107 of the Department
of Homeland Security Appropriations Act, 2018 (division F of Public Law
115-141), related to visa overstay data and border security metrics,
shall apply in fiscal year 2021, except that the reference to ``this
Act'' shall be treated as referring to this Act, and the reference to
``2017'' shall be treated as referring to ``2020''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal, State,
local, and international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the provision of such
support to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of up to
7,500 (6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $12,908,923,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which $500,000,000 shall be available until
September 30, 2022; and of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided, That not to
exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with preclearance
operations: Provided further, That not to exceed $2,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security: Provided
further, That not to exceed $5,000,000 may be transferred to the Bureau
of Indian Affairs for the maintenance and repair of roads on Native
American reservations used by the U.S. Border Patrol.
[[Page 134 STAT. 1452]]
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $1,839,634,000,
of which $322,235,000 shall remain available until September 30, 2023,
and of which $1,517,399,000 shall remain available until September 30,
2025.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted
units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,875,730,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which $46,696,000
shall remain available until September 30, 2022; of which not less than
$1,500,000 is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps; of which not less than
$15,000,000 shall be available for investigation of intellectual
property rights violations, including operation of the National
Intellectual Property Rights Coordination Center; and of which not less
than $4,118,902,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied minor aliens:
Provided, That not to exceed $11,475 shall be for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081): Provided further, That not to exceed $2,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland
Security: <<NOTE: Reimbursement.>> Provided further, That not to
exceed $11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $97,799,000, of which
$24,538,000 shall remain available until September 30, 2023, and of
which $73,261,000 shall remain available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security Administration
for operations and support, $7,793,715,000, to remain available until
September 30, 2022: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided
[[Page 134 STAT. 1453]]
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2021 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,853,715,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security Administration
for procurement, construction, and improvements, $134,492,000, to remain
available until September 30, 2023.
research and development
For necessary expenses of the Transportation Security Administration
for research and development, $29,524,000, to remain available until
September 30, 2022.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and support
including the Coast Guard Reserve; purchase or lease of not to exceed 25
passenger motor vehicles, which shall be for replacement only; purchase
or lease of small boats for contingent and emergent requirements (at a
unit cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and activities;
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare; $8,485,146,000, of
which $530,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000 shall remain available
until September 30, 2023; of which $21,186,000 shall remain available
until September 30, 2025, for environmental compliance and restoration;
and of which $70,000,000 shall remain available until September 30,
2022, for vessel depot level maintenance: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $2,264,041,000, to remain available until September 30,
2025; of which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
[[Page 134 STAT. 1454]]
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $10,276,000, to remain available until
September 30, 2023, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,869,704,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652 vehicles
for police-type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,373,109,000; of which $41,807,000 shall remain available until
September 30, 2022, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $15,000,000 may be for calendar year 2020 premium pay
in excess of the annual equivalent of the limitation on the rate of pay
contained in section 5547(a) of title 5, United States Code, pursuant to
section 2 of the Overtime Pay for Protective Services Act of 2016 (5
U.S.C. 5547 note), as amended by Public Law 115-383: Provided, That not
to exceed $19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in criminal
[[Page 134 STAT. 1455]]
investigations within the jurisdiction of the United States Secret
Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $52,955,000, to remain
available until September 30, 2023.
research and development
For necessary expenses of the United States Secret Service for
research and development, $11,937,000, to remain available until
September 30, 2022.
Administrative Provisions
Sec. 201. Section <<NOTE: Applicability.>> 201 of the Department
of Homeland Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall apply with
respect to funds made available in this Act in the same manner as such
section applied to funds made available in that Act, except that
``fiscal year 2021'' shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin
Islands, in addition to funding provided by sections 740 and 1406i of
title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2021 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-25), or other such
authorizing language: Provided, That to the extent that amounts
realized from such collections exceed $31,000,000, those amounts in
excess of $31,000,000 shall be credited to this appropriation, to remain
available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided,
That <<NOTE: Applicability. Time period.>> this section shall apply
only to individuals transporting on their person a personal-use quantity
of the prescription
[[Page 134 STAT. 1456]]
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding <<NOTE: Consultation.>> any other
provision of law, none of the funds provided in this or any other Act
shall be used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States
flag vessels: <<NOTE: Notification. Deadline. Waivers.>> Provided,
That the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives within
2 business days of any request for waivers of navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United States
Code, with respect to such transportation, and the disposition of such
requests.
Sec. 207. (a) <<NOTE: Effective date.>> Beginning on the date of
enactment of this Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) <<NOTE: Definition.>> In this section, the term ``border
crossing fee'' means a fee that every pedestrian, cyclist, and driver
and passenger of a private motor vehicle is required to pay for the
privilege of crossing the Southern border or the Northern border at a
land port of entry.
Sec. 208. Not <<NOTE: Deadline. Expenditure plan.>> later than 90
days after the date of enactment of this Act, the Secretary of Homeland
Security shall submit an expenditure plan for any amounts made available
for ``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided, That no such amounts may be obligated prior to the submission
of such plan.
Sec. 209. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and Improvements'',
$464,634,000 shall be available only as follows:
(1) $160,530,000 for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure;
(2) $142,399,000 for facility construction and improvements;
(3) $119,076,000 for integrated operations assets and
infrastructure; and
(4) $42,629,000 for mission support and infrastructure.
Sec. 210. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and
[[Page 134 STAT. 1457]]
Improvements'', an amount equal to the amount made available in section
209(a)(1) of division D of the Consolidated Appropriations Act, 2020
(Public Law 116-93) shall be made available for the same purposes as the
amount provided under such section in such Act.
Sec. 211. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge; or
(6) within historic cemeteries.
Sec. 212. Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection: Provided, That none of the funds provided by this
Act, provided by previous appropriations Acts that remain available for
obligation or expenditure in fiscal year 2021, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing locations
unless specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 213. Without <<NOTE: Aliens.>> regard to the limitation as to
time and condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 214. None <<NOTE: Determination.>> of the funds provided
under the heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
Sec. 215. (a) <<NOTE: Contracts. 6 USC 211 note.>> None of the
funds provided under the heading ``U.S. Immigration and Customs
Enforcement--Operations and Support'' may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system.
(b) <<NOTE: Effective date.>> Beginning not later than January 1,
2021, the performance evaluations referenced in subsection (a) shall be
conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 216. The <<NOTE: Time periods. Applicability. 8 USC 1378a
note.>> reports required to be submitted under section 218 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall continue to be submitted with respect to the
period beginning 15 days after the date of the enactment of this Act and
semimonthly thereafter, and each matter required to be included in such
report by such section 218 shall apply in the same manner and to the
same extent during the period described in this section, except that for
purposes of reports submitted with respect to such period described, the
following additional requirements shall be treated
[[Page 134 STAT. 1458]]
as being included as subparagraphs (H) through (J) of paragraph (1) of
such section 218--
(1) the average lengths of stay, including average post-
determination length of stay in the case of detainees described
in subparagraph (F), for individuals who remain in detention as
of the last date of each such reporting period;
(2) the number who have been in detention, disaggregated by
the number of detainees described in subparagraph (F), for each
of the following--
(A) over 2 years;
(B) from over 1 year to 2 years;
(C) from over 6 months to 1 year; and
(D) for less than 6 months; and
(3) the number of individuals described in section 115.5 of
title 28, Code of Federal Regulations, including the use and
duration of solitary confinement for such person.
Sec. 217. The <<NOTE: Applicability.>> terms and conditions of
sections 216 and 217 of the Department of Homeland Security
Appropriations Act, 2020 (division D of Public Law 116-93) shall apply
to this Act.
Sec. 218. Members of the United States House of Representatives and
the United States Senate, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States Attorneys;
and senior members of the Executive Office of the President, including
the Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
Sec. 219. Any <<NOTE: Explosives detection systems.>> award by the
Transportation Security Administration to deploy explosives detection
systems shall be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased cost
effectiveness.
Sec. 220. Notwithstanding <<NOTE: Contracts. Explosives detection
systems.>> section 44923 of title 49, United States Code, for fiscal
year 2021, any funds in the Aviation Security Capital Fund established
by section 44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of funding
projects described in section 44923(a) of such title.
Sec. 221. None of the funds made available by this or any other Act
may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 222. Not <<NOTE: Reports. Plans.>> later than 30 days after
the submission of the President's budget proposal, the Administrator of
the Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and Transportation
of the Senate and the Committees on Appropriations and Homeland Security
in the House of Representatives a single report that fulfills the
following requirements:
[[Page 134 STAT. 1459]]
(1) a Capital Investment Plan that includes a plan for
continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening Technologies
report as required by the Senate Report accompanying the
Department of Homeland Security Appropriations Act, 2019 (Senate
Report 115-283).
Sec. 223. Section 225 of division A of Public Law 116-6 (49 U.S.C.
44901 note; relating to a pilot program for screening outside of an
existing primary passenger terminal screening area) is amended in
subsection (e) by striking ``2021'' and inserting ``2023''.
Sec. 224. None <<NOTE: Vessels.>> of the funds made available by
this Act under the heading ``Coast Guard--Operations and Support'' shall
be for expenses incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are collected
from owners of yachts and credited to the appropriation made available
by this Act under the heading ``Coast Guard--Operations and Support'':
Provided, That to the extent such fees are insufficient to pay expenses
of recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 225. Without regard to the limitation as to time and condition
of section 503(d) of this Act, after June 30, up to $10,000,000 may be
reprogrammed to or from the Military Pay and Allowances funding category
within ``Coast Guard--Operations and Support'' in accordance with
subsection (a) of section 503 of this Act.
Sec. 226. Notwithstanding <<NOTE: Investment plan.>> any other
provision of law, the Commandant of the Coast Guard shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a future-years capital investment plan as described in
the second proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), which shall be subject to
the requirements in the third and fourth provisos under such heading.
Sec. 227. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'', up
to $190,000,000 that are used for enduring overseas missions in support
of the global fight against terror may be reallocated by program,
project, and activity, notwithstanding section 503 of this Act.
Sec. 228. None of the funds in this Act shall be used to reduce the
Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 229. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
[[Page 134 STAT. 1460]]
Sec. 230. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 231. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2021 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 233. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided,
That <<NOTE: Contracts.>> the Director of the United States Secret
Service may enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 235. Funding <<NOTE: Notification. Time period.>> made
available in this Act for ``United States Secret Service--Operations and
Support'' is available for travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if the Director of the United
States Secret Service or a designee notifies the Committees on
Appropriations of the Senate and the House of Representatives 10 or more
days in advance, or as early as practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,662,066,000, of which
$22,793,000, shall remain available until September 30, 2022: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
[[Page 134 STAT. 1461]]
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$353,479,000, to remain available until September 30, 2023.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $9,431,000, to remain
available until September 30, 2022.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,129,282,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $105,985,000, of which
$58,387,000 shall remain available until September 30, 2023, and of
which $47,598,000 shall remain available until September 30, 2025.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,294,892,000, which shall be allocated as
follows:
(1) <<NOTE: Determination. Terrorism.>> $610,000,000 for
the State Homeland Security Grant Program under section 2004 of
the Homeland Security Act of 2002 (6 U.S.C. 605), of which
$90,000,000 shall be for Operation Stonegarden, $15,000,000
shall be for Tribal Homeland Security Grants under section 2005
of the Homeland Security Act of 2002 (6 U.S.C. 606), and
$90,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack: Provided, That <<NOTE: Puerto Rico.>>
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2021, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) <<NOTE: Determination. Terrorism.>> $705,000,000 for
the Urban Area Security Initiative under section 2003 of the
Homeland Security Act of 2002 (6 U.S.C. 604), of which
$90,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack.
[[Page 134 STAT. 1462]]
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(5) $720,000,000, to remain available until September 30,
2022, of which $360,000,000 shall be for Assistance to
Firefighter Grants and $360,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6,
United States Code, and Reorganization Plan No. 3 of 1978 (5
U.S.C. App.).
(7) $263,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4101(f)(2)), to remain available until expended.
(8) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $12,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act (33
U.S.C. 467f-2).
(10) $130,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(11) $287,892,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$17,142,000,000, to remain available until expended, shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided, That of the
[[Page 134 STAT. 1463]]
amount provided under this heading, up to $250,000,000 may be
transferred to the Disaster Assistance Direct Loan Program Account for
the cost of direct loans as authorized under section 417 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5184), including loans issued pursuant to section 311 of this Act, of
which $3,000,000 is for administrative expenses.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$204,412,000, to remain available until September 30, 2022, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
$13,906,000 shall be available for mission support associated with flood
management; and of which $190,506,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain management
and flood mapping: Provided further, That in fiscal year 2021, no funds
shall be available from the National Flood Insurance Fund under section
1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in
excess of--
(1) $181,021,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,164,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968, and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be made
available for the necessary expenses of carrying
[[Page 134 STAT. 1464]]
out the competition specified in section 2(e) of Executive Order No.
13870 (May 2, 2019), including the provision of monetary and non-
monetary awards for Federal civilian employees and members of the
uniformed services, the necessary expenses for the honorary recognition
of any award recipients, and activities to encourage participation in
the competition, including promotional items: Provided, That any awards
made pursuant to this section shall be of the same type and amount as
those authorized under sections 4501 through 4505 of title 5, United
States Code.
Sec. 302. Notwithstanding <<NOTE: Grants.>> section 2008(a)(12) of
the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other
provision of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (4) under ``Federal Emergency
Management Agency--Federal Assistance'', may be used by the grantee for
expenses directly related to administration of the grant.
Sec. 303. Applications <<NOTE: Grants. Deadlines.>> for grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of enactment
of this Act, eligible applicants shall submit applications not later
than 80 days after the grant announcement, and the Administrator of the
Federal Emergency Management Agency shall act within 65 days after the
receipt of an application.
Sec. 304. Under <<NOTE: Grants. Briefing. Time period. Public
information.>> the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) through (4), (8),
and (9), the Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the House
of Representatives 5 full business days in advance of announcing
publicly the intention of making an award.
Sec. 305. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and (2), the
installation of communications towers is not considered construction of
a building or other physical facility.
Sec. 306. The <<NOTE: Applicability.>> reporting requirements in
paragraphs (1) and (2) under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied in fiscal
year 2021 with respect to budget year 2022 and current fiscal year 2021,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2022''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In <<NOTE: Grants. Waiver authority.>> making grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for Staffing for Adequate Fire and Emergency Response
grants, the Administrator of the Federal Emergency Management Agency may
grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B),
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal year 2021,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided,
[[Page 134 STAT. 1465]]
That the <<NOTE: Fees.>> methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That <<NOTE: Effective date.>> such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized purposes
on October 1, 2021, and remain available until expended.
Sec. 309. (a) Any balances of funds appropriated in any prior Act
for activities funded by National Predisaster Mitigation Fund under
section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) (as in effect on the day before the date
of enactment of section 1234 of division D of Public Law 115-254) may be
transferred to and merged for all purposes with the funds set aside
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
effect on the date of the enactment of this section.
(b) <<NOTE: Plan. Criteria.>> The transfer authorized in subsection
(a) may not occur until the Administrator of the Federal Emergency
Management Agency submits to the Committees on Appropriations of the
Senate and the House of Representatives a plan for the obligation of
funds pursuant to such subsection (i)(1), including the criteria to be
used for awarding grants and a process for tracking the obligation of
such transferred funds.
Sec. 310. In <<NOTE: Grants. Waiver authority.>> making grants
under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for Assistance to Firefighter Grants, the Administrator of
the Federal Emergency Management Agency may waive subsection (k) of
section 33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229).
Sec. 311. (a) For major disasters declared in 2018 pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), a territory or possession of the United States shall be
deemed to be a local government for purposes of section 417 of such Act
(42 U.S.C. 5184) and section 206.361(a) of title 44, Code of Federal
Regulations.
(b) <<NOTE: President. Loans. Termination date.>> Notwithstanding
section 206.361(a) of title 44, Code of Federal Regulations, the
President may provide a loan until the last day of the fiscal year that
is 3 fiscal years after the fiscal year in which the natural disaster
described in such subsection occurs.
(c) Notwithstanding section 417(b) of such Act and section
206.361(b) of title 44, Code of Federal Regulations, the amount of any
loan issued to a territory or possession may--
(1) exceed $5,000,000; and
(2) <<NOTE: Time period.>> may be based on the projected
loss of tax and other revenues and on projected cash outlays not
previously budgeted for a period not to exceed 1 year beginning
on the date that the major disaster occurred.
[[Page 134 STAT. 1466]]
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $117,790,000.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $314,348,000, of which $61,391,000 shall remain available
until September 30, 2022: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $26,000,000, to
remain available until September 30, 2025, for acquisition of necessary
additional real property and facilities, construction and ongoing
maintenance, facility improvements and related expenses of the Federal
Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate for
operations and support, including the purchase or lease of not to exceed
5 vehicles, $302,703,000, of which $180,112,000 shall remain available
until September 30, 2022: Provided, That not to exceed $10,000 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate for
procurement, construction, and improvements, $18,927,000, to remain
available until September 30, 2025.
[[Page 134 STAT. 1467]]
research and development
For necessary expenses of the Science and Technology Directorate for
research and development, $443,928,000, to remain available until
September 30, 2023.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass Destruction
Office for operations and support, $179,892,000, of which $20,697,000
shall remain available until September 30, 2022: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass Destruction
Office for procurement, construction, and improvements, $87,413,000, to
remain available until September 30, 2023.
research and development
For necessary expenses of the Countering Weapons of Mass Destruction
Office for research and development, $65,309,000, to remain available
until September 30, 2023.
federal assistance
For necessary expenses of the Countering Weapons of Mass Destruction
Office for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $69,663,000, to remain available until
September 30, 2023.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5 vehicles,
for replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease: Provided, That the
Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel
between the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service Analysts,
Contact Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. The <<NOTE: Applicability. 8 USC 1377a note.>> terms and
conditions of section 403 of the Department of Homeland Security
Appropriations Act, 2020 (division D of Public Law 116-93) shall apply
to this Act.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law
[[Page 134 STAT. 1468]]
enforcement agencies for expenses incurred participating in training
accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy Act
(31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. (a) <<NOTE: Notifications. Time periods.>> None of the
funds provided by this Act, provided by previous appropriations Acts to
the components in or transferred to the Department of Homeland Security
that remain available for obligation or expenditure in fiscal year 2021,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the components funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) <<NOTE: Contracts.>> contracts out any function or
activity presently performed by Federal employees or any new
function or activity proposed to be performed by Federal
employees in the President's budget proposal for fiscal year
2021 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
[[Page 134 STAT. 1469]]
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(d) <<NOTE: Deadline.>> Notwithstanding subsections (a), (b), and
(c), no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) <<NOTE: Applicability.>> The notification thresholds and
procedures set forth in subsections (a), (b), (c), and (d) shall apply
to any use of deobligated balances of funds provided in previous
Department of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. Section <<NOTE: Applicability. 31 USC 501 note.>> 504 of
the Department of Homeland Security Appropriations Act, 2017 (division F
of Public Law 115-31), related to the operations of a working capital
fund, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act: Provided, That funds from such working capital fund may be
obligated and expended in anticipation of reimbursements from components
of the Department of Homeland Security.
Sec. 505. Except <<NOTE: Time period. Deadline.>> as otherwise
specifically provided by law, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2021, as recorded
in the financial records at the time of a reprogramming notification,
but not later than June 30, 2022, from appropriations for ``Operations
and Support'' for fiscal year 2021 in this Act shall remain available
through September 30, 2022, in the account and for the purposes for
which the appropriations were provided: <<NOTE: Notification.>>
Provided, That prior to the obligation of such funds, a notification
shall be submitted to the Committees on Appropriations of the Senate and
the House of Representatives in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2021 until the enactment of an Act authorizing
intelligence activities for fiscal year 2021.
[[Page 134 STAT. 1470]]
Sec. 507. (a) <<NOTE: Notifications. Time
period. Grants. Contracts. Public information.>> The Secretary of
Homeland Security, or the designee of the Secretary, shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in excess
of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of Homeland
Security multiple award contract, or to issue a letter of intent
totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award items
under paragraph (1), (2), (3), or (4), including a contract
covered by the Federal Acquisition Regulation.
(b) <<NOTE: Determination. Deadline.>> If the Secretary of Homeland
Security determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made
without notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives not later
than 5 full business days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding <<NOTE: Notification. Contracts.>> any
other provision of law, no agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without advance notification to the Committees on
Appropriations of the Senate and the House of Representatives, except
that the Federal Law Enforcement Training Centers is authorized to
obtain the temporary use of additional facilities by lease, contract, or
other agreement for training that cannot be accommodated in existing
Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections <<NOTE: Applicability.>> 520, 522, and 530 of
the Department of Homeland Security Appropriations Act, 2008 (division E
of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such sections
applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American
Act: <<NOTE: Definition.>> Provided, That for purposes of the
preceding sentence, the term ``Buy American Act'' means chapter 83 of
title 41, United States Code.
[[Page 134 STAT. 1471]]
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available in
this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. None <<NOTE: National identification card.>> of the
funds made available in this Act may be used for planning, testing,
piloting, or developing a national identification card.
Sec. 515. Any <<NOTE: Delegation authority.>> official that is
required by this Act to report or to certify to the Committees on
Appropriations of the Senate and the House of Representatives may not
delegate such authority to perform that act unless specifically
authorized herein.
Sec. 516. None <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 517. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding <<NOTE: Contracts.>> any other provision
of this Act, none of the funds appropriated or otherwise made available
by this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or
performance that does not meet the basic requirements of a contract.
Sec. 520. None <<NOTE: Contracts.>> of the funds appropriated or
otherwise made available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 521. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 522. None <<NOTE: Firearms.>> of the funds made available in
this Act may be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
[[Page 134 STAT. 1472]]
an agent of a drug cartel unless law enforcement personnel of the United
States continuously monitor or control the firearm at all times.
Sec. 523. None <<NOTE: Determination. Notification. Deadline.>> of
the funds made available in this Act may be used to pay for the travel
to or attendance of more than 50 employees of a single component of the
Department of Homeland Security, who are stationed in the United States,
at a single international conference unless the Secretary of Homeland
Security, or a designee, determines that such attendance is in the
national interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days of that
determination and the basis for that determination: Provided,
That <<NOTE: Definition.>> for purposes of this section the term
``international conference'' shall mean a conference occurring outside
of the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations: Provided further, That the total cost to
the Department of Homeland Security of any such conference shall not
exceed $500,000.
Sec. 524. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 525. None <<NOTE: Pay reform. Time period. Effective
date. Notification.>> of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-day
period beginning on the date on which the Secretary of Homeland Security
submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) <<NOTE: Analysis.>> an analysis of compensation
alternatives to such change that were considered by the
Department.
Sec. 526. (a) <<NOTE: Web posting. Public
information. Reports. Determination.>> Any agency receiving funds made
available in this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be submitted by
the Committees on Appropriations of the Senate and the House of
Representatives in this Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise specified
in law.
Sec. 527. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
[[Page 134 STAT. 1473]]
Sec. 528. None <<NOTE: Approval.>> of the funds made available by
this Act may be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
Sec. 529. The <<NOTE: Extension.>> authority provided by section
532 of the Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary schooling of
dependents shall continue in effect during fiscal year 2021.
Sec. 530. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $12,700,000, to remain
available until September 30, 2022, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) <<NOTE: Applicability.>> Subsections (b) through (f) of section
534 of the Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to amounts made
available by subsection (a) of this section by substituting ``October 1,
2021'' for ``October 1, 2018'' and ``October 1, 2020'' for ``October 1,
2017''.
Sec. 531. (a) <<NOTE: Applicability. 6 USC 391 note.>> Section 831
of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2021,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2021,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) <<NOTE: Definition.>> The Secretary of Homeland Security under
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may
use the definition of nontraditional government contractor as defined in
section 2371b(e) of title 10, United States Code.
Sec. 532. (a) <<NOTE: Aliens.>> None of the funds appropriated or
otherwise made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from entering,
for the purpose of conducting oversight, any facility operated by or for
the Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such a
Member for the purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) <<NOTE: Time period.>> With respect to individuals described in
subsection (a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent to enter a
facility described in subsection (a).
[[Page 134 STAT. 1474]]
Sec. 533. (a) <<NOTE: Pregnant women. Determinations.>> Except as
provided in subsection (b), none of the funds made available in this Act
may be used to place restraints on a woman in the custody of the
Department of Homeland Security (including during transport, in a
detention facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic restraints
is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a restraint
belt that constricts the area of the pregnancy. A pregnant woman who is
immobilized by restraints shall be positioned, to the maximum extent
feasible, on her left side.
Sec. 534. (a) <<NOTE: Records. Abuse.>> None of the funds made
available by this Act may be used to destroy any document, recording, or
other record pertaining to any--
(1) death of,
(2) <<NOTE: Sexual assault.>> potential sexual assault or
abuse perpetrated against, or
(3) <<NOTE: Law enforcement and crime.>> allegation of
abuse, criminal activity, or disruption committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 535. Section <<NOTE: Applicability.>> 519 of division F of
Public Law 114-113, regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with respect to
any Federal funds in the same manner as such section applied to funds
made available in that Act.
Sec. 536. Within <<NOTE: Deadline. Budget submission. Proposals.>>
60 days of any budget submission for the Department of Homeland Security
for fiscal year 2022 that assumes revenues or proposes a reduction from
the previous year based on user fees proposals that have not been
enacted into law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on Appropriations of the
Senate and the House of Representatives specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed
[[Page 134 STAT. 1475]]
in such proposals in the event that they are not enacted prior to
October 1, 2021.
Sec. 537. (a) <<NOTE: Reports.>> Not later than 10 days after the
date on which the budget of the President for a fiscal year is submitted
to Congress pursuant to section 1105(a) of title 31, United States Code,
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report
on the unfunded priorities, for the Department of Homeland Security and
separately for each departmental component, for which discretionary
funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) <<NOTE: Summary.>> a summary description, including the
objectives to be achieved if such priority is funded (whether in
whole or in part);
(2) the description, including the objectives to be achieved
if such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) <<NOTE: Definition.>> In this section, the term ``unfunded
priority'', in the case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
(transfer of funds)
Sec. 538. Not <<NOTE: Deadline. Records.>> later than 30 days
after the date of enactment of this Act, $20,000,000 in unobligated
balances from amounts made available in section 212(b) of division D of
the Consolidated Appropriations Act, 2020 (Public Law 116-93) shall be
transferred to ``Countering Weapons of Mass Destruction Office--
Procurement, Construction, and Improvements'' for the development of a
department-wide electronic health records system, and shall remain
available until September 30, 2022, in addition to any amounts otherwise
available for such purposes: Provided, That the amounts transferred
pursuant to this section that were previously designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that section of
that Act.
[[Page 134 STAT. 1476]]
(rescissions of funds)
Sec. 539. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-177):
(1) $27,036,000 from Public Law 115-141 under the heading
``U.S. Customs and Border Protection--Procurement, Construction,
and Improvements''.
(2) $15,000,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security,
Fencing, Infrastructure, and Technology'' account (70
<dbl-dagger> 0533).
(3) $6,000,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Construction and
Facility Improvements'' account (70 <dbl-dagger> 0532).
(4) $3,098,000 from the unobligated balances available in
the ``U.S. Immigration and Customs Enforcement--Construction''
account (70 <dbl-dagger> 0545).
(5) $658,000 from the unobligated balances available in the
``U.S. Immigration and Customs Enforcement--Automation
Modernization'' account (70 <dbl-dagger> 0543).
(6) $1,718,108 from the unobligated balances available in
the ``Coast Guard--Alteration of Bridges'' account (070
<dbl-dagger> 0614).
(7) $8,200,000 from Public Law 116-6 under the heading
``U.S. Citizenship and Immigration Services--Procurement,
Construction, and Improvements''.
Sec. 540. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2020 (Public Law
116-93) are rescinded:
(1) $929,550 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $1,426,980 from ``Management Directorate--Operations and
Support''.
(3) $298,190 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support''.
(4) $430,910 from ``U.S. Customs and Border Protection--
Operations and Support''.
(5) $1,810,393 from ``United States Secret Service--
Operations and Support''.
(6) $1,574,940 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support''.
(7) $690,090 from ``Federal Emergency Management Agency--
Operations and Support''.
(8) $8,984,690 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(9) $242,490 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(10) $136,570 from ``Science and Technology Directorate--
Operations and Support''.
(11) $1,103,590 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
[[Page 134 STAT. 1477]]
Sec. 541. For necessary expenses related to providing customs and
immigration inspection and pre-inspection services at, or in support of
ports of entry, pursuant to section 1356 of title 8, United States Code,
and section 58c(f) of title 19, United States Code, and in addition to
any other funds made available for this purpose, there is appropriated,
out of any money in the Treasury not otherwise appropriated,
$840,000,000, to remain available until September 30, 2021, to offset
the loss resulting from the coronavirus pandemic of Immigration User Fee
receipts collected pursuant to section 286(h) of the Immigration and
Nationality Act (8 U.S.C. 1356(h)), and fees for certain customs
services collected pursuant to paragraphs 1 through 8 and paragraph 10
of subsection (a) of section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and (a)(10)):
Provided, That notwithstanding any other provision of law, funds made
available by this section shall only be used by U.S. Customs and Border
Protection, Office of Field Operations: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 542.
Not <<NOTE: Deadlines. Determination. President. Evaluation. Notification
s.>> later than 10 days after a determination is made by the President
to evaluate and initiate protection under any authority for a former or
retired Government official or employee, or for an individual who,
during the duration of the directed protection, will become a former or
retired Government official or employee (referred to in this section as
a ``covered individual''), the Secretary of Homeland Security shall
submit a notification to congressional leadership and the Committees on
Appropriations of the Senate and the House of Representatives, the
Committees on the Judiciary of the Senate and the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of the House
of Representatives, and the Committee on Oversight and Reform of the
House of Representatives (referred to in this section as the
``appropriate congressional committees''): Provided, That
the <<NOTE: Consultation.>> notification may be submitted in classified
form, if necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection:
Provided further, That <<NOTE: Threat assessment.>> not later than 15
days before extending, or 30 days before terminating, protection for a
covered individual, the Secretary of Homeland Security shall submit a
notification regarding the extension or termination and any change to
the threat assessment to the congressional leadership and the
appropriate congressional committees: <<NOTE: Reports. Time period.>>
Provided further, That not later than 45 days after the date of
enactment of this Act, and quarterly thereafter, the Secretary shall
submit a report to the congressional leadership and the appropriate
congressional committees, which may be submitted in classified form, if
necessary, detailing each covered individual, and the scope and
associated cost of protection.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2021''.
[[Page 134 STAT. 1478]]
DIVISION G--DEPARTMENT <<NOTE: Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2021.>> OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,220,555,000, to remain available until September 30, 2022; of which
$77,669,000 for annual and deferred maintenance and $115,745,000 for the
wild horse and burro program, as authorized by Public Law 92-195 (16
U.S.C. 1331 et seq.), shall remain available until expended: Provided,
That amounts <<NOTE: Drilling permits.>> in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureau-related
expenses associated with the processing of oil and gas applications for
permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2021, so as to result in a final appropriation estimated at
not more than $1,220,555,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2018 or before, $13,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
land acquisition
(rescission of funds)
Of the unobligated balances from amounts made available for Land
Acquisition and derived from the Land and Water Conservation Fund,
$5,400,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects: Provided, That no
amounts may be rescinded from amounts that
[[Page 134 STAT. 1479]]
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $114,783,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
(including rescission of funds)
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until
expended: <<NOTE: 43 USC 1735 note.>> Provided, That notwithstanding
any provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered through
the Bureau
[[Page 134 STAT. 1480]]
of Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: <<NOTE: 43 USC 1735
note.>> Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which funds were
collected may be used to repair other damaged public lands.
Of the unobligated balances from amounts collected in fiscal year
2015 or any prior fiscal year, $20,000,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements, and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed
$10,000: <<NOTE: Contracts. Determination.>> Provided, That
notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under
cooperative cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That <<NOTE: Reimbursements.>> projects to be funded pursuant
to a written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
[[Page 134 STAT. 1481]]
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,379,828,000, to
remain available until September 30, 2022: Provided, That not to exceed
$20,767,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$18,193,000, to remain available until expended.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $43,340,000, to remain available
until expended, of which $23,702,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$19,638,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available under this heading,
$12,500,000 is permanently rescinded from projects or from other grant
programs with an unobligated carry over balance: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$46,500,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
[[Page 134 STAT. 1482]]
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $18,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $72,362,000, to remain available
until expended: Provided, That of the amount provided herein,
$6,000,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other jurisdictions and at
the discretion of affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of this
appropriation: Provided further, That <<NOTE: Apportionment. District
of Columbia. Territories.>> the Secretary shall, after deducting
$13,362,000 and administrative expenses, apportion the amount provided
herein in the following manner: (1) to the District of Columbia and to
the Commonwealth of Puerto Rico, each a sum equal to not more than one-
half of 1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That <<NOTE: Apportionment.>> the Secretary
of the Interior shall apportion the remaining amount in the following
manner: (1) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such States; and
(2) two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That <<NOTE: Adjustment.>> the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not exceed
65 percent of the total costs of such projects: Provided further, That
the non-Federal share of such projects may not be derived from Federal
grant programs: Provided further, That any <<NOTE: Reapportion-
ment.>> amount apportioned in 2021 to any State, territory, or other
jurisdiction that remains unobligated as of September 30, 2022, shall be
reapportioned, together with funds appropriated in 2023, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available
[[Page 134 STAT. 1483]]
for repair of damage to public roads within and adjacent to reservation
areas caused by operations of the Service; options for the purchase of
land at not to exceed one dollar for each option; facilities incident to
such public recreational uses on conservation areas as are consistent
with their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which are used
pursuant to law in connection with management, and investigation of fish
and wildlife resources: Provided,
That <<NOTE: Contracts. Determination.>> notwithstanding 44 U.S.C. 501,
the Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable of
meeting accepted quality standards: <<NOTE: Donations.>> Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That <<NOTE: Fees.>>
notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot
review and approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be available
to the Secretary, without further appropriation, to be used for expenses
of processing of such non-toxic shot type or coating applications and
revising regulations as necessary, and shall remain available until
expended: Provided further, That <<NOTE: Deadline.>> obligated
balances of funding originally made available under section
7060(c)(2)(B) of division K of the Consolidated Appropriations Act, 2018
(Public Law 115-141) and transferred to the Fish and Wildlife Service to
combat the transnational threat of wildlife poaching and trafficking in
the Central Africa Regional Program for the Environment shall be
distributed to recipients that were awarded grants not later than 60
days after the date of enactment of this Act.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park Service,
$2,688,287,000, of which $10,282,000 for planning and interagency
coordination in support of Everglades restoration and $135,980,000 for
maintenance, repair, or rehabilitation projects for constructed assets
and $188,184,000 for cyclic maintenance projects for constructed assets
and cultural resources and $5,000,000 for uses authorized by section
101122 of title 54, United States Code shall remain available until
September 30, 2022: Provided, That funds appropriated under this
heading in this Act are available for the purposes of section 5 of
Public Law 95-348: Provided further, That notwithstanding section 9(a)
of the United States Semiquincentennial Commission Act of 2016 (Public
Law 114-196; 130 Stat. 691), $8,000,000 of the funds made available
under this heading shall be provided to the United States
Semiquincentennial Commission for the purposes specified by that Act:
Provided further, That notwithstanding section 9 of the 400 Years of
African-American History Commission Act (36 U.S.C. note prec. 101;
Public Law 115-102), $3,300,000 of the funds provided
[[Page 134 STAT. 1484]]
under this heading shall be made available for the purposes specified by
that Act: <<NOTE: 36 USC 101 note prec.>> Provided further, That
sections (7)(b) and (8) of that Act shall be amended by striking ``July
1, 2021'' and inserting ``July 1, 2022''.
In addition, for purposes described in section 2404 of Public Law
116-9, an amount equal to the amount deposited in this fiscal year into
the National Park Medical Services Fund established pursuant to such
section of such Act, to remain available until expended, shall be
derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $74,157,000, to remain
available until September 30, 2022.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $144,300,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2022, of which $25,000,000
shall be for Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): <<NOTE: Grants.>> Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be eligible for
one grant: <<NOTE: Approval. Consultation.>> Provided further, That
all projects to be funded shall be approved by the Secretary of the
Interior in consultation with the House and Senate Committees on
Appropriations: Provided further, That <<NOTE: Determination.>> of the
funds provided for the Historic Preservation Fund, $1,000,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary, $21,125,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement; $10,000,000 is for
grants to Historically Black Colleges and Universities; $7,500,000 is
for competitive grants for the restoration of historic properties of
national, State, and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act; and $10,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving state-owned sites and structures listed on the National
Register of Historic Places that commemorate the founding of the nation:
Provided further, That such competitive grants shall be made without
imposing the matching requirements in section 302902(b)(3) of title 54,
United States Code to States and Indian tribes as defined in chapter
3003 of such title, Native Hawaiian organizations, local governments,
including Certified Local Governments, and non-profit organizations.
[[Page 134 STAT. 1485]]
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $223,907,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2021
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of funds
found at 48 CFR 52.232-18: Provided further, That National Park Service
Donations, Park Concessions Franchise Fees, and Recreation Fees may be
made available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further,
That <<NOTE: Consultation.>> the Secretary of the Interior shall
consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges authorized
by this section.
land acquisition and state assistance
(rescission of funds)
Of the unobligated balances from amounts made available for the
National Park Service and derived from the Land and Water Conservation
Fund in fiscal year 2017 or any prior fiscal year, $23,000,000 is hereby
permanently rescinded from grant programs with an unobligated carry over
balance: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
centennial challenge
For expenses necessary to carry out the provisions of section 101701
of title 54, United States Code, relating to challenge cost share
agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets, or
a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of title
54, United States Code, franchise fees credited to a sub-account shall
be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit
[[Page 134 STAT. 1486]]
exceed the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the sub-
account of the originating unit over a period not to exceed the term of
a single contract at the benefitting unit, in the amount of funds so
expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,315,527,000,
to remain available until September 30, 2022; of which $84,337,000 shall
remain available until expended for satellite operations; and of which
$74,664,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, That <<NOTE: 43 USC 50.>> no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the
[[Page 134 STAT. 1487]]
negotiation and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be accomplished
through the use of contracts, grants, or cooperative agreements as
defined in section 6302 of title 31, United States Code: Provided
further, That the United States Geological Survey may enter into
contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
(including rescission of funds)
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$192,815,000, of which $129,760,000 is to remain available until
September 30, 2022, and of which $63,055,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior and
credited to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and from
cost recovery fees from activities conducted by the Bureau of Ocean
Energy Management pursuant to the Outer Continental Shelf Lands Act,
including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2021
appropriation estimated at not more than $129,760,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That of the unobligated balances from
amounts made available under this heading, $2,000,000 is permanently
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1488]]
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $150,812,000, of which $120,165,000 is to remain
available until September 30, 2022, and of which $30,647,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary of
the Interior and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted by
the Bureau of Safety and Environmental Enforcement pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2021 appropriation estimated at not more than $120,165,000: Provided
further, That of the unobligated balances from amounts made available
under this heading, $10,000,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
For an additional amount, $43,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2021, as provided in
this Act: Provided, That to the extent that amounts realized from such
inspection fees exceed $43,000,000, the amounts realized in excess of
$43,000,000 shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2021, not less
than 50 percent of the inspection fees expended by the Bureau of Safety
and Environmental Enforcement will be used to fund personnel and
mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title IV,
sections 4202 and 4303; title VII; and title VIII, section 8201 of the
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
[[Page 134 STAT. 1489]]
Office of Surface Mining Reclamation and Enforcement
regulation and technology
(including rescission of funds)
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$117,768,000, to remain available until September 30, 2022, of which
$68,590,000 shall be available for state and tribal regulatory
grants: <<NOTE: 30 USC 1211 note.>> Provided, That appropriations for
the Office of Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored training:
Provided further, That of the unobligated balances from amounts made
available under this heading, $25,000,000 is permanently rescinded:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That <<NOTE: 30 USC 1257 note.>> fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this account as
discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2021 appropriation
estimated at not more than $117,768,000.
abandoned mine reclamation fund
(including rescission of funds)
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,831,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That <<NOTE: Debt
collection. Contracts.>> pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available under title IV of Public Law 95-87 may be used for any
required non-Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That amounts provided under this heading may be
used for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the
[[Page 134 STAT. 1490]]
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such additional
amount shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the three Appalachian States with the
greatest amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section, $30,000,000 shall be distributed
in equal amounts to the three Appalachian States with the subsequent
greatest amount of unfunded needs to meet such priorities, and
$10,000,000 shall be for grants to federally recognized Indian Tribes
without regard to their status as certified or uncertified under the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)),
for reclamation of abandoned mine lands and other related activities in
accordance with the terms and conditions described in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: <<NOTE: Deadline.>>
Provided further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of enactment of
this Act.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2016 or before, $10,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13) and the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 5301 et seq.), $1,616,532,000, to remain
available until September 30, 2022, except as otherwise provided herein;
of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $78,000,000 shall be for
welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary of the Interior may exceed such cap for
welfare payments from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs: Provided
further, That not to exceed $58,492,000 shall remain available until
expended for housing improvement, road maintenance, attorney fees,
litigation support, land records improvement, and the Navajo-
[[Page 134 STAT. 1491]]
Hopi Settlement Program: Provided further, That any forestry funds
allocated to a federally recognized tribe which remain unobligated as of
September 30, 2022, may be transferred during fiscal year 2023 to an
Indian forest land assistance account established for the benefit of the
holder of the funds within the holder's trust fund
account: <<NOTE: Expiration date.>> Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2023: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1): Provided further,
That <<NOTE: Reports.>> $1,000,000 made available for Assistant
Secretary Support shall not be available for obligation until the
Assistant Secretary-Indian Affairs provides the reports requested by the
Committees on Appropriations of the House of Representatives and the
Senate related to the Tiwahe Initiative.
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Bureau of Indian Affairs and the Bureau of
Indian Education for fiscal year 2021, such sums as may be necessary,
which shall be available for obligation through September 30, 2022:
Provided, That notwithstanding any other provision of law, no amounts
made available under this heading shall be available for transfer to
another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2021, such sums as
may be necessary, which shall be available for obligation through
September 30, 2022: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483; $128,818,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That any funds provided for the Safety
of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13),
shall be made available on a nonreimbursable basis: Provided further,
[[Page 134 STAT. 1492]]
That this <<NOTE: Reimbursement.>> appropriation may be reimbursed from
the Office of the Special Trustee for American Indians appropriation for
the appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund established
by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 1749).
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264 and 114-322, and for implementation of other land and
water rights settlements, $45,644,000, to remain available until
expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $11,797,000, of
which $1,593,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed or insured, not to exceed $82,886,197.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $973,092,000, to remain
available until September 30, 2022, except as otherwise provided herein:
Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs: Provided
further, That not to exceed $728,820,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2021, and shall remain available until September
30, 2022: Provided further, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination Act of
1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $86,884,000 within
and only from such amounts made available for school operations shall be
available for administrative cost grants associated with grants approved
prior to July 1, 2021: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
[[Page 134 STAT. 1493]]
education construction
For construction, repair, improvement, and maintenance of buildings,
utilities, and other facilities necessary for the operation of Indian
education programs, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; $264,277,000 to
remain available until expended: Provided, That in <<NOTE: Deadline.>>
order to ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
The <<NOTE: Contracts. Grants.>> Bureau of Indian Affairs and the
Bureau of Indian Education may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding <<NOTE: Contracts.>> Public Law 87-279 (25 U.S.C.
15), the Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except Executive Direction and Administrative Services funding
for Tribal Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian Affairs or
the Bureau of Indian Education under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public Law
103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs or the Bureau of Indian Education,
this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding <<NOTE: Alaska.>> any other provision of law, no
funds available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
No <<NOTE: Waiver authority. Determination.>> funds available to
the Bureau of Indian Education shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place or
approved by the Secretary of the Interior at each school in the Bureau
of Indian Education school system as of October 1, 1995, except that the
Secretary of the Interior may waive this prohibition to support
expansion of up to one additional grade when the Secretary determines
such waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education, or more than one grade to expand the
elementary grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made
[[Page 134 STAT. 1494]]
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1, 1996,
and to any school or school program that was reinstated in fiscal year
2012. <<NOTE: Charter schools. Reimbursement.>> Funds made available
under this Act may not be used to establish a charter school at a
Bureau-funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter
school that is in existence on the date of the enactment of this Act and
that has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property (including buses
and vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation for
charter school programs of the State in which the school is located if
the charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing functions
related to the charter school's operation and employees of a charter
school shall not be treated as Federal employees for purposes of chapter
171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
Funds <<NOTE: Waiver authority. Compliance.>> available under this
Act may not be used to establish satellite locations of schools in the
Bureau school system as of September 1, 1996, except that the Secretary
may waive this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal government
which exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide an
educational environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all applicable
Tribal, Federal, or State health and safety standards, and the Americans
with Disabilities Act, and demonstrate the benefits of establishing
operations at a satellite location in lieu of incurring extraordinary
costs, such as for transportation or other impacts to students such as
those caused by busing students extended distances: Provided, That no
funds available under this Act may be used to fund operations,
maintenance, rehabilitation, construction, or other facilities-related
costs for such assets that are not owned by the
Bureau: <<NOTE: Definition.>> Provided further, That the term
``satellite school'' means a school location physically separated from
the existing Bureau school by more than 50 miles but that forms part of
the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
[[Page 134 STAT. 1495]]
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$108,399,000, to remain available until expended, of which not to exceed
$17,911,000 from this or any other Act, may be available for historical
accounting: Provided, That funds for trust management improvements and
litigation support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs'' accounts;
the Office of the Solicitor, ``Salaries and Expenses'' account; and the
Office of the Secretary, ``Departmental Operations'' account: Provided
further, That funds made available through contracts or grants obligated
during fiscal year 2021, as authorized by the Indian Self-Determination
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until
expended by the contractor or grantee: <<NOTE: Time period.>> Provided
further, That notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least 15
months and has a balance of $15 or less: Provided further, That
the <<NOTE: Statement. Records.>> Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That <<NOTE: Time
period.>> notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic statements
of performance for the individual accounts: Provided further,
That <<NOTE: Records. Determination.>> with respect to the eighth
proviso, the Secretary shall continue to maintain sufficient records to
determine the balance of the individual accounts, including any accrued
interest and income, and such funds shall remain available to the
individual account holders.
[[Page 134 STAT. 1496]]
Departmental Offices
Office of the Secretary
departmental operations
(including transfer and rescission of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $120,608,000, to remain available until September 30, 2022; of
which no less than $1,860,000 shall be to assist the Department with its
compliance responsibilities under 5 U.S.C. 552; of which not to exceed
$15,000 may be for official reception and representation expenses; of
which up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of which
$11,204,000 for Indian land, mineral, and resource valuation activities
shall remain available until expended: Provided, That funds for Indian
land, mineral, and resource valuation activities may, as needed, be
transferred to and merged with the Bureau of Indian Affairs ``Operation
of Indian Programs'' and Bureau of Indian Education ``Operation of
Indian Education Programs'' accounts and the Office of the Special
Trustee ``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated during fiscal
year 2021, as authorized by the Indian Self-Determination Act of 1975
(25 U.S.C. 5301 et seq.), shall remain available until expended by the
contractor or grantee.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2016 or before, $17,398,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
administrative provisions
For fiscal year 2021, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States
Code: <<NOTE: 31 USC 6903 note.>> Provided further, That in the event
the sums appropriated for any fiscal year for payments pursuant to this
chapter are insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to each local
government shall be made proportionally: Provided further, That the
Secretary may make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments: Provided
further, That no payment shall be made pursuant to that chapter to
otherwise eligible units of local government if the computed amount of
the payment is less than $100.
[[Page 134 STAT. 1497]]
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $106,693,000, of
which: (1) $97,140,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands, as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,553,000 shall be available until September 30, 2022, for
salaries and expenses of the Office of Insular Affairs: <<NOTE: 48 USC
1469b note.>> Provided, That all financial transactions of the
territorial and local governments herein provided for, including such
transactions of all agencies or instrumentalities established or used by
such governments, may be audited by the Government Accountability
Office, at its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by Public
Law 104-134: <<NOTE: Determination.>> Provided further, That the funds
for the program of operations and maintenance improvement are
appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188: Provided,
That of the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the Marshall
Islands as compensation authorized by Public Law 108-188 for adverse
financial and economic impacts.
[[Page 134 STAT. 1498]]
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $86,813,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$58,552,000, to remain available until September 30, 2022.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $992,623,000, to remain available until expended, of which
not to exceed $18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from which funds
were previously transferred for such purposes: Provided further, That
of the funds provided $219,964,000 is for fuels management activities:
Provided further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired pursuant to
43 U.S.C. 1469 may
[[Page 134 STAT. 1499]]
be furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year
limitation: <<NOTE: Contracts. Grants.>> Provided further, That using
the amounts designated under this title of this Act, the Secretary of
the Interior may enter into procurement contracts, grants, or
cooperative agreements, for fuels management activities, and for
training and monitoring associated with such fuels management activities
on Federal land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or more, of the
project workforce to complete such contracts: <<NOTE: Guidance.>>
Provided further, That in implementing this section, the Secretary shall
develop written guidance to field units to ensure accountability and
consistent application of the authorities provided
herein: <<NOTE: Reimbursement.>> Provided further, That funds
appropriated under this heading may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further,
That <<NOTE: Contracts. Real property.>> the Secretary of the Interior
may use wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on such leased
properties, including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities, and to
make advance payments for any such lease or for construction activity
associated with the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000 between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this heading
shall be available for assistance to or through the Department of State
in connection with forest and rangeland research, technical information,
and assistance in foreign countries, and, with the concurrence of the
Secretary of State, shall be available to support forestry, wildland
fire management, and related natural resource activities outside the
United States and its territories and possessions, including technical
assistance,
[[Page 134 STAT. 1500]]
education and training, and cooperation with United States and
international organizations: Provided further, That of the funds
provided under this heading $383,657,000 is provided to meet the terms
of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $310,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the headings
``Department of Agriculture--Forest Service--Wildland Fire Management''
and ``Department of the Interior--Department-Wide Programs--Wildland
Fire Management'' for wildfire suppression operations in the fiscal year
in which such amounts are
transferred: <<NOTE: Notification. Deadline.>> Provided further, That
amounts may be transferred to the ``Wildland Fire Management'' accounts
in the Department of Agriculture or the Department of the Interior only
upon the notification of the House and Senate Committees on
Appropriations that all wildfire suppression operations funds
appropriated under that heading in this and prior appropriations Acts to
the agency to which the funds will be transferred will be obligated
within 30 days: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided by law: Provided further, That,
in <<NOTE: Determination. Deadline.>> determining whether all wildfire
suppression operations funds appropriated under the heading ``Wildland
Fire Management'' in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior will be
obligated within 30 days pursuant to the previous proviso, any funds
transferred or permitted to be transferred pursuant to any other
transfer authority provided by law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33
[[Page 134 STAT. 1501]]
U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to
remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $60,735,000, to
remain available until expended: Provided, That none <<NOTE: Advance
approval.>> of the funds appropriated in this Act or any other Act may
be used to establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment without
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Secretary of
the Interior may assess reasonable charges to State, local, and tribal
government employees for training services provided by the National
Indian Program Training Center, other than training related to Public
Law 93-638: Provided further, That the <<NOTE: Contracts.>> Secretary
may lease or otherwise provide space and related facilities, equipment,
or professional services of the National Indian Program Training Center
to State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall be available
until expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training
Center: <<NOTE: Grants. Contracts.>> Provided further, That the
Secretary may enter into grants and cooperative agreements to support
the Office of Natural Resource Revenue's collection and disbursement of
royalties, fees, and other mineral revenue proceeds, as authorized by
law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase, or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds, and
for grants and cooperative agreements, as authorized by law,
$148,474,000, to remain available until September 30, 2022; of which
$50,651,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
[[Page 134 STAT. 1502]]
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary of the Interior, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or destroyed by
fire, flood, storm, or other unavoidable causes: Provided, That no
funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a supplemental
appropriation, which must be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland fires
on or threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
contingency planning subsequent to actual oil spills; for response and
natural resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations <<NOTE: Reimbursement.>> made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt
thereof: <<NOTE: Determination. Deadline.>> Provided further, That for
wildland fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated for
``wildland fire suppression'' shall be exhausted within 30 days:
Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be requested as
promptly as possible: <<NOTE: Reimbursement.>> Provided further, That
such replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
[[Page 134 STAT. 1503]]
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary of the
Interior, in total amount not to exceed $500,000; purchase and
replacement of motor vehicles, including specially equipped law
enforcement vehicles; hire, maintenance, and operation of aircraft; hire
of passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. <<NOTE: Notification. Deadline.>> The Secretary shall notify
the House and Senate Committees on Appropriations within 60 days of the
expenditure or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2021.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding <<NOTE: New York. New
Jersey. Contracts.>> any other provision of law, the Secretary of the
Interior is authorized to acquire lands, waters, or interests therein,
including the use of all or part of any pier, dock, or landing within
the State of New York and the State of New Jersey, for the purpose of
operating and maintaining facilities in the support of transportation
and accommodation of visitors to Ellis, Governors, and Liberty Islands,
and of other program and administrative activities, by donation or with
appropriated funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is authorized to
negotiate and
[[Page 134 STAT. 1504]]
enter into leases, subleases, concession contracts, or other agreements
for the use of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2021, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ``Offshore Safety and Environmental Enforcement'' account, from
the designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2021 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2021. Fees for fiscal year 2021 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2021. Fees for
fiscal year 2021 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) <<NOTE: Time period. Deadlines.>> The Secretary shall bill
designated operators under subsection (b) quarterly, with payment
required within 30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of the month in
which the inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection
(d) with payment required by the end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding <<NOTE: 16 USC 1336 note.>> any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a)
shall not apply), for the long-term care and maintenance of excess wild
free roaming horses and burros by such organizations or entities on
private land. Such <<NOTE: Time period.>> cooperative agreements and
contracts may not exceed 10 years, subject to renewal at the discretion
of the Secretary.
[[Page 134 STAT. 1505]]
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during fiscal
year 2021, in carrying out work involving cooperation with State, local,
and tribal governments or any political subdivision thereof, Indian
Affairs may record obligations against accounts receivable from any such
entities, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) <<NOTE: Grants. Contracts.>> Notwithstanding any
other provision of law relating to Federal grants and cooperative
agreements, the Secretary of the Interior is authorized to make grants
to, or enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title V of the
Older Americans Act of 1965 to utilize the talents of older Americans in
programs authorized by other provisions of law administered by the
Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts <<NOTE: Deadline.>> appropriated by this Act to
the Department of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment of this
Act.
extension of authorities
Sec. 113. (a) Section 708(a) of division II of Public Law 104-333,
as amended <<NOTE: 54 USC 320101 note.>> by Public Law 110-229 section
461, is further amended by striking `` $15,000,000'' and inserting ``
$17,000,000''.
(b) <<NOTE: 54 USC 320101 note.>> Section 109(a) of title I of
Public Law 106-278 is amended by striking `` $10,000,000'' and inserting
`` $12,000,000''.
[[Page 134 STAT. 1506]]
separation of accounts
Sec. 114. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and between
the successor offices and bureaus affected by the reorganization only in
conformance with the reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 115. Section <<NOTE: Applicability. 31 USC 6906 note.>> 6906
of title 31, United States Code, shall be applied by substituting
``fiscal year 2021'' for ``fiscal year 2019''.
sage-grouse
Sec. 116. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to write or issue pursuant
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
disclosure of departure or alternate procedure approval
Sec. 117. (a) <<NOTE: Deadlines. Public information. Web posting.>>
Subject to subsection (b), beginning no later than 180 days after the
enactment of this Act, in any case in which the Bureau of Safety and
Environmental Enforcement or the Bureau of Ocean Energy Management
prescribes or approves any departure or use of alternate procedure or
equipment, in regards to a plan or permit, under 30 CFR 585.103, 30 CFR
550.141; 30 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, the head of
such bureau shall post a description of such departure or alternate
procedure or equipment use approval on such bureau's publicly available
website not more than 15 business days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
medical services fund
Sec. 118. Beginning <<NOTE: 54 USC 102712 note.>> in fiscal year
2022 and for each fiscal year thereafter, fees collected pursuant to
section 2404 of Public Law 116-9 shall be deposited into the National
Park Medical Services Fund established pursuant to such section of such
Act as discretionary offsetting receipts.
interagency motor pool
Sec. 119. Notwithstanding any other provision of law or Federal
regulation, federally recognized Indian tribes or authorized tribal
organizations that receive Tribally-Controlled School Grants pursuant to
Public Law 100-297 may obtain interagency motor vehicles and related
services for performance of any activities carried out under such grants
to the same extent as if they were contracting under the Indian Self-
Determination and Education Assistance Act.
[[Page 134 STAT. 1507]]
long bridge project
Sec. 120. (a) <<NOTE: Virginia. District of Columbia.>>
Authorization of Conveyance.--On request by the State of Virginia or the
District of Columbia for the purpose of the construction of rail and
other infrastructure relating to the Long Bridge Project, the Secretary
of the Interior may convey to the State or the District of Columbia, as
applicable, all right, title, and interest of the United States in and
to any portion of the approximately 4.4 acres of National Park Service
land depicted as ``Permanent Impact to NPS Land'' on the Map dated May
15, 2020, that is identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park
Service land under subsection (a) shall be subject to any terms and
conditions that the Secretary may require. If such conveyed land is no
longer being used for the purposes specified in this section, the lands
or interests therein shall revert to the National Park Service after
they have been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the District of
Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC, which
includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) State.--The term ``State'' means the State of Virginia.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; hire, maintenance, and operation of aircraft; and other
operating expenses in support of research and development, $729,329,000,
to remain available until September 30, 2022: Provided, That of the
funds included under this heading, $7,500,000 shall be for Research:
National Priorities as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
[[Page 134 STAT. 1508]]
Environmental Programs and Management
For environmental programs and management, including necessary
expenses not otherwise provided for, for personnel and related costs and
travel expenses; hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or at
a price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small Business
Liability Relief and Brownfields Revitalization Act of 2002;
implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$19,000 for official reception and representation expenses,
$2,761,550,000, to remain available until September 30, 2022: Provided,
That of the funds included under this heading, $21,700,000 shall be for
Environmental Protection: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds included under this heading, $541,972,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
In addition, $5,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in the
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal
year 2021 shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until expended:
Provided further, That the sum herein appropriated in this paragraph
from the general fund for fiscal year 2021 shall be reduced by the
amount of discretionary offsetting receipts received during fiscal year
2021, so as to result in a final fiscal year 2021 appropriation from the
general fund estimated at not more than $0: Provided further, That to
the extent that amounts realized from such receipts exceed $5,000,000,
those amount in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in fiscal year
2021, shall be retained and used for necessary salaries and expenses in
this account, and shall remain available until expended: Provided
further, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any fees
appropriated, not less than the amount of appropriations for that
program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $8,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2021, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in
[[Page 134 STAT. 1509]]
a final fiscal year 2021 appropriation from the general fund estimated
at not more than $0: Provided further, That to the extent such
offsetting collections received in fiscal year 2021 exceed $8,000,000,
those excess amounts shall remain available until expended and be used
for necessary expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$43,500,000, to remain available until September 30, 2022.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $33,752,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,205,811,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2020, as authorized by section 517(a) of
the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up
to $1,205,811,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a) of
CERCLA: Provided further, That of the funds appropriated under this
heading, $11,586,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2022,
and $30,755,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2022.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, $92,203,000, to remain available until expended, of which
$66,834,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other provisions
of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
[[Page 134 STAT. 1510]]
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990, including
hire, maintenance, and operation of aircraft, $20,098,000, to be derived
from the Oil Spill Liability trust fund, to remain available until
expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,313,901,000, to remain available until expended,
of which--
(1) $1,638,826,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $1,126,088,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2021, to the extent
there are sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less than 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That for fiscal year 2021, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be
used for projects to address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2021 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further,
That <<NOTE: Territories. District of Columbia.>> for fiscal
year 2021, notwithstanding the provisions of subsections (g)(1),
(h), and (l) of section 201 of the Federal Water Pollution
Control Act, grants made under title II of such Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, the
United States Virgin Islands, and the District of Columbia may
also be made for the purpose of providing assistance: (1) solely
for facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2021, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of section
201 and section 518(c) of the Federal Water Pollution Control
Act, funds reserved
[[Page 134 STAT. 1511]]
by the Administrator for grants under section 518(c) of the
Federal Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities, or
plans, specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for the
construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for
fiscal year 2021, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c) of
such Act: Provided further,
That <<NOTE: Oklahoma. Determination.>> for fiscal year 2021,
funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2021, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated, or $20,000,000, whichever is greater, for
State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: <<NOTE: Territories.>> Provided further,
That for fiscal year 2021, notwithstanding the amounts specified
in section 205(c) of the Federal Water Pollution Control Act, up
to 1.5 percent of the aggregate funds appropriated for the Clean
Water State Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2021,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of the
Safe Drinking Water Act: Provided further,
That <<NOTE: Determination.>> 10 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and 14 percent of the funds
made available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the
State to provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used by
the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment
[[Page 134 STAT. 1512]]
of this Act, or where such debt was incurred prior to the date
of enactment of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to help
address a threat to public health from heightened exposure to
lead in drinking water or if a Federal or State emergency
declaration has been issued due to a threat to public health
from heightened exposure to lead in a municipal drinking water
supply before the date of enactment of this Act: Provided
further, That in a State in which such an emergency declaration
has been issued, the State may use more than 14 percent of the
funds made available under this title to the State for Drinking
Water State Revolving Fund capitalization grants to provide
additional subsidy to eligible recipients;
(2) <<NOTE: Consultation.>> $30,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission: Provided, That no funds provided
by this appropriations Act to address the water, wastewater and
other critical infrastructure needs of the colonias in the
United States along the United States-Mexico border shall be
made available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $36,186,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $90,982,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: <<NOTE: Definition.>> Provided
further, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses and the most recent Small Area Income and Poverty
Estimates, or any territory or possession of the United States;
[[Page 134 STAT. 1513]]
(5) $90,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $59,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322);
(8) $26,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(9) $26,500,000 shall be for grants under section 1464(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $21,511,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $4,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $18,000,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $40,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $3,000,000 shall be for grants under section 4304(b) of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270); and
(15) $1,099,400,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement, and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, and under
section 2301 of the Water and Waste Act of 2016 to assist States
in developing and implementing programs for control of coal
combustion residuals, of which: $46,195,000 shall be for
carrying out section 128 of CERCLA; $9,336,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,475,000 shall be for grants
to States under section 2007(f)(2) of the Solid Waste Disposal
Act, which shall be in addition to funds appropriated under the
heading ``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act;
$17,924,000 of the funds available for grants under section 106
of the Federal Water Pollution Control Act shall be for State
participation in national- and State-level statistical surveys
of water resources and enhancements to State monitoring
programs; $10,000,000 shall be for multipurpose grants,
including interagency agreements, in accordance with the terms
and conditions described in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
[[Page 134 STAT. 1514]]
Water Infrastructure Finance and Innovation Program Account
For <<NOTE: Loans.>> the cost of direct loans and for the cost of
guaranteed loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $59,500,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects described
in section 5026(9) of the Water Infrastructure Finance and Innovation
Act of 2014 to State infrastructure financing authorities, as authorized
by section 5033(e) of such Act: Provided further,
That <<NOTE: Criteria.>> the use of direct loans or loan guarantee
authority under this heading for direct loans or commitments to
guarantee loans for any project shall be in accordance with the criteria
published in the Federal Register on June 30, 2020 (85 FR 39189)
pursuant to the fourth proviso under the heading ``Water Infrastructure
Finance and Innovation Program Account'' in division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided
further, That <<NOTE: Certification. Compliance.>> none of the direct
loans or loan guarantee authority made available under this heading
shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the
previous proviso: Provided further, That, <<NOTE: Records.>> for the
purposes of carrying out the Congressional Budget Act of 1974, the
Director of the Congressional Budget Office may request, and the
Administrator shall promptly provide, documentation and information
relating to a project identified in a Letter of Interest submitted to
the Administrator pursuant to a Notice of Funding Availability for
applications for credit assistance under the Water Infrastructure
Finance and Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of this
Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,500,000, to remain
available until September 30, 2022.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2021, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal
[[Page 134 STAT. 1515]]
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance agreements.
The <<NOTE: Fees.>> Administrator of the Environmental Protection
Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8).
Notwithstanding <<NOTE: Fees.>> section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-
8(d)(2)), the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year
2021.
The Administrator is authorized to transfer up to $330,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of any
Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per project.
For <<NOTE: Grants.>> fiscal year 2021, and notwithstanding section
518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian tribes
pursuant to sections 319(h) and 518(e) of that Act.
The <<NOTE: Grants.>> Administrator is authorized to use the
amounts appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2021 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,500,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
For <<NOTE: Contracts.>> fiscal year 2021, the Office of Chemical
Safety and Pollution Prevention and the Office of Water may, using funds
appropriated under the headings ``Environmental Programs and
Management'' and ``Science and Technology'', contract directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 5, for the temporary or intermittent
personal services of students or recent graduates, who shall be
considered
[[Page 134 STAT. 1516]]
employees for the purposes of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other
purpose: Provided, That amounts used for this purpose by the Office of
Chemical Safety and Pollution Prevention and the Office of Water
collectively may not exceed $2,000,000.
Of the unobligated balances available for the ``State and Tribal
Assistance Grants'' account, $27,991,000 are hereby permanently
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to fund
up to one administrative support staff for the office.
Forest Service
forest service operations
(Including Transfers of Funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $1,026,163,000, to remain available through September 30, 2024:
Provided, That a portion of the funds made available under this heading
shall be for the base salary and expenses of employees in the Chief's
Office, the Work Environment and Performance Office, the Business
Operations Deputy Area, and the Chief Financial Officer's Office to
carry out administrative and general management support functions:
Provided further, That funds provided under this heading shall be
available for the costs of facility maintenance, repairs, and leases for
buildings and sites where these support functions take place; the costs
of all utility and telecommunication expenses of the Forest Service, as
well as business services; and, for information technology, including
cyber security requirements: Provided further, That funds provided
under this heading may be used for necessary administrative support
function expenses of the Forest Service not otherwise provided for and
necessary for its operation.
[[Page 134 STAT. 1517]]
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $258,760,000, to remain available through September
30, 2024: Provided, That of the funds provided, $17,621,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program and trade compliance activities as authorized,
$267,180,000, to remain available through September 30, 2024, as
authorized by law.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $5,809,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,786,870,000, to remain available through
September 30, 2024: Provided, That of the funds provided, $13,787,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $37,017,000
shall be for forest products: Provided further, That of the funds
provided, $180,388,000 shall be for hazardous fuels management
activities, of which not to exceed $12,454,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels management
activities, and for training or monitoring associated with such
hazardous fuels management activities on Federal land, or on non-Federal
land if the Secretary determines such activities benefit resources on
Federal land: Provided further, That funds made available to implement
the Community Forestry Restoration Act, Public Law 106-393, title VI,
shall be available for use on non-Federal lands in accordance with
authorities made available to the Forest
[[Page 134 STAT. 1518]]
Service under the ``State and Private Forestry'' appropriations:
Provided further, That <<NOTE: Fees. Advance approval. 43 USC 1751
note.>> notwithstanding section 33 of the Bankhead Jones Farm Tenant
Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee
for grazing on a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred, and that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation practices
approved by the Secretary: Provided further, That funds appropriated to
this account shall be available for the base salary and expenses of
employees that carry out the functions funded by the ``Capital
Improvement and Maintenance'' account, the ``Range Betterment Fund''
account, and the ``Management of National Forests for Subsistence Uses''
account.
Capital Improvement and Maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $140,371,000, to remain available through September 30, 2024, for
construction, capital improvement, maintenance, and acquisition of
buildings and other facilities and infrastructure; and for construction,
reconstruction, decommissioning of roads that are no longer needed,
including unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That funds becoming available in fiscal year 2021 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the
Treasury and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
(rescission of funds)
Of the unobligated balances from amounts made available for Land
Acquisition and derived from the Land and Water Conservation Fund,
$5,619,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
[[Page 134 STAT. 1519]]
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16
U.S.C. 484a), to remain available through September 30, 2024, (16 U.S.C.
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2024, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2024, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to
remain available through September 30, 2024.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression on
or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $1,927,241,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That any unobligated funds appropriated in a previous
fiscal year for hazardous fuels management may be transferred to the
``National Forest System'' account: <<NOTE: Reimbursement.>> Provided
further, That such funds shall be available to reimburse State and other
cooperating entities for services provided in response to wildfire and
other emergencies or disasters to the extent such reimbursements by the
Forest Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
[[Page 134 STAT. 1520]]
That funds provided shall be available for support to Federal emergency
response: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected parties:
Provided further, That of the funds provided under this heading,
$1,011,000,000 shall be available for wildfire suppression operations,
and is provided to the meet the terms of section 251(b)(2)(F)(ii)(I) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $2,040,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the headings
``Department of the Interior--Department-Wide Programs--Wildland Fire
Management'' and ``Department of Agriculture--Forest Service--Wildland
Fire Management'' for wildfire suppression operations in the fiscal year
in which such amounts are
transferred: <<NOTE: Notification. Deadline.>> Provided further, That
amounts may be transferred to the ``Wildland Fire Management'' accounts
in the Department of the Interior or the Department of Agriculture only
upon the notification of the House and Senate Committees on
Appropriations that all wildfire suppression operations funds
appropriated under that heading in this and prior appropriations Acts to
the agency to which the funds will be transferred will be obligated
within 30 days: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided by law: <<NOTE: Determination. Deadline.>> Provided further,
That, in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or the
Department of the Interior will be obligated within 30 days pursuant to
the previous proviso, any funds transferred or permitted to be
transferred pursuant to any other transfer authority provided by law
shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section 8705(f)(2)
of the Agriculture Improvement Act of 2018 (Public Law 115-334), shall
be deposited in the special account established by section 8705(f)(1) of
such Act, shall be available to cover the costs described in subsection
(c)(3) of such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred to the
``National Forest System'' account.
[[Page 134 STAT. 1521]]
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft to maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided,
That any transfer of funds pursuant to this paragraph shall not increase
or decrease the funds appropriated to any account in this fiscal year by
more than ten percent: Provided further, That such transfer authority
is in addition to any other transfer authority provided by law.
Any <<NOTE: Notification. Deadline.>> appropriations or funds
available to the Forest Service may be transferred to the Wildland Fire
Management appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning conditions
upon the Secretary of Agriculture's notification of the House and Senate
Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation which
must be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated to
the Forest Service by this Act to or within the National Forest System
Account, or reprogram funds to be used for the purposes of hazardous
fuels management and urgent rehabilitation of burned-over National
Forest System lands and water, such transferred funds shall remain
available through September 30, 2024: <<NOTE: Notification. Advance
approval.>> Provided, That none of the funds transferred pursuant to
this section shall be available for obligation without
[[Page 134 STAT. 1522]]
written notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the Millennium Challenge Corporation), U.S. private sector
firms, institutions and organizations to provide technical assistance
and training programs overseas on forestry and rangeland management.
Funds <<NOTE: Wild horses and burros.>> appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior, Bureau of Land Management, for removal, preparation,
and adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None <<NOTE: 16 USC 556i.>> of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain information technology services, including telecommunications and
system modifications or enhancements, from the Working Capital Fund of
the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: Provided
[[Page 134 STAT. 1523]]
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match funds made
available by the Forest Service on at least a one-for-one basis:
Provided further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a Federal or
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older Americans
Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding <<NOTE: Reimbursement.>> any other provision of
law, of any appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the General
Counsel (OGC), Department of Agriculture, for travel and related
expenses incurred as a result of OGC assistance or participation
requested by the Forest Service at meetings, training sessions,
management reviews, land purchase negotiations, and similar matters
unrelated to civil litigation. Future budget justifications for both the
Forest Service and the Department of Agriculture should clearly display
the sums previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles
[[Page 134 STAT. 1524]]
II and III of the Public Health Service Act with respect to the Indian
Health Service, $4,301,391,000 to remain available until September 30,
2022, except as otherwise provided herein, together with payments
received during the fiscal year pursuant to sections 231(b) and 233 of
the Public Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$2,500,000 shall be available for grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $975,856,000 for Purchased/Referred Care, including $53,000,000 for
the Indian Catastrophic Health Emergency Fund, shall remain available
until expended: Provided further, That of the funds provided, up to
$41,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, including supplementing activities funded
under the heading ``Indian Health Facilities,'' of which up to
$4,000,000 may be used to supplement amounts otherwise available for
Purchased/Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited in
the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and
1616a): <<NOTE: Allocations.>> Provided further, That the amounts made
available within this account for the Substance Abuse and Suicide
Prevention Program, for Opioid Prevention, Treatment and Recovery
Services, for the Domestic Violence Prevention Program, for the Zero
Suicide Initiative, for the housing subsidy authority for civilian
employees, for Aftercare Pilot Programs at Youth Regional Treatment
Centers, for transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality and
oversight activities, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities, for
an initiative to treat or reduce the transmission of HIV and HCV, for a
maternal health initiative, for the Telebehaviorial Health Center of
Excellence, for Alzheimer's grants, for Village Built Clinics and for
accreditation emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain available until
expended: <<NOTE: Contracts. Grants. Time period. Records.>> Provided
further, That funds provided in this Act may be used for annual
contracts and grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
[[Page 134 STAT. 1525]]
Improvement Act (25 U.S.C. 1613) shall remain available until expended
for the purpose of achieving compliance with the applicable conditions
and requirements of titles XVIII and XIX of the Social Security Act,
except for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: <<NOTE: Reports.>>
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health Service,
and from tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further,
That of the funds provided, $72,280,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account: Provided
further, That <<NOTE: Consultation. Time period.>> none of the funds
appropriated by this Act, or any other Act, to the Indian Health Service
for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation: Provided further,
That <<NOTE: Reports. Directive.>> none of the amounts made available
under this heading to the Indian Health Service for the Electronic
Health Record system shall be available for obligation or expenditure
for the selection or implementation of a new Information Technology
Infrastructure system until the report and directive is received by the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Indian Health Service for fiscal year 2021, such
sums as may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget
account: <<NOTE: Applicability.>> Provided further, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs due for such agreements for
subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2021,
[[Page 134 STAT. 1526]]
such sums as may be necessary, which shall be available for obligation
through September 30, 2022: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $917,888,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation, or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded with grants
by the housing programs of the United States Department of Housing and
Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation, and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally administered
or Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
the facility providing the service and shall be available without fiscal
year limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing and
Urban Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act and Public
Law 93-638: Provided further, That funds
[[Page 134 STAT. 1527]]
appropriated to the Indian Health Service in this Act, except those used
for administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transportation:
Provided further, That <<NOTE: Assessments.>> none of the funds made
available to the Indian Health Service in this Act shall be used for any
assessments or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in this Act,
or approved by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available to a
tribe or tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be
deobligated and reobligated to a self-determination contract under title
I, or a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: <<NOTE: Regulations. Budget request.>>
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the eligibility for
the health care services of the Indian Health Service until the Indian
Health Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That <<NOTE: Reimbursements.>> with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities on a reimbursable basis, including
payments in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, That <<NOTE: Reimbursements.>>
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including direct,
administrative, and overhead costs associated with the provision of
goods, services, or technical assistance: Provided further, That the
Indian Health Service may provide to civilian medical personnel serving
in hospitals operated by the Indian Health Service housing allowances
equivalent to those that would be provided to members of the
Commissioned Corps of the United States Public Health Service serving in
similar positions at such hospitals: <<NOTE: Notification.>> Provided
further, That the appropriation structure for the Indian Health Service
may not be altered without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9660(a)) and section
[[Page 134 STAT. 1528]]
126(g) of the Superfund Amendments and Reauthorization Act of 1986,
$81,500,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $78,000,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2021, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$3,500,000: <<NOTE: Appointment. President.>> Provided, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376,
$12,000,000: <<NOTE: Career positions.>> Provided, That the Chemical
Safety and Hazard Investigation Board (Board) shall have not more than
three career
[[Page 134 STAT. 1529]]
Senior Executive Service positions: <<NOTE: 5A USC app. 8G note.>>
Provided further, That notwithstanding any other provision of law, the
individual appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the
Board: <<NOTE: 5A USC app. 8G note.>> Provided further, That
notwithstanding any other provision of law, the Inspector General of the
Board shall utilize personnel of the Office of Inspector General of EPA
in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $4,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to section 11 of Public Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,772,000, which shall
become available on July 1, 2021, and shall remain available until
September 30, 2022.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation,
[[Page 134 STAT. 1530]]
lease agreements of no more than 30 years, and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning
of uniforms for employees, $818,192,000, to remain available until
September 30, 2022, except as otherwise provided herein; of which not to
exceed $6,957,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation of skeletal
remains program shall remain available until expended; and including
such funds as may be necessary to support American overseas research
centers: Provided, That funds appropriated herein are available for
advance payments to independent contractors performing research services
or participating in official Smithsonian presentations: Provided
further, That <<NOTE: District of Columbia.>> the Smithsonian
Institution may expend Federal appropriations designated in this Act for
lease or rent payments, as rent payable to the Smithsonian Institution,
and such rent payments may be deposited into the general trust funds of
the Institution to be available as trust funds for expenses associated
with the purchase of a portion of the building at 600 Maryland Avenue,
SW, Washington, DC, to the extent that federally supported activities
will be housed there: Provided further, That the use of such amounts in
the general trust funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee of, a
transfer of risk to, or an obligation of the Federal Government:
Provided further, That <<NOTE: District of Columbia.>> no appropriated
funds may be used directly to service debt which is incurred to finance
the costs of acquiring a portion of the building at 600 Maryland Avenue,
SW, Washington, DC, or of planning, designing, and constructing
improvements to such building: <<NOTE: Effective date. Time
period. Reports.>> Provided further, That any agreement entered into
by the Smithsonian Institution for the sale of its ownership interest,
or any portion thereof, in such building so acquired may not take effect
until the expiration of a 30 day period which begins on the date on
which the Secretary of the Smithsonian submits to the Committees on
Appropriations of the House of Representatives and Senate, the
Committees on House Administration and Transportation and Infrastructure
of the House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the explanatory
statement described in section 4 of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2536) on the
intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$214,530,000, to remain available until expended, of which not to exceed
$10,000 shall be for services as authorized by 5 U.S.C. 3109.
[[Page 134 STAT. 1531]]
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, 76th Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art associations or
societies whose publications or services are available to members only,
or to members at a price lower than to the general public; purchase,
repair, and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement, and repair
of buildings, approaches, and grounds; and purchase of services for
restoration and repair of works of art for the National Gallery of Art
by contracts made, without advertising, with individuals, firms, or
organizations at such rates or prices and under such terms and
conditions as the Gallery may deem proper, $153,242,000, to remain
available until September 30, 2022, of which not to exceed $3,700,000
for the special exhibition program shall remain available until
expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration, and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease agreements
of no more than 10 years, with no extensions or renewals beyond the 10
years, that address space needs created by the ongoing renovations in
the Master Facilities Plan, as authorized, $23,203,000, to remain
available until expended: Provided, That of this amount, $1,510,000
shall be available for design of an off-site art storage facility in
partnership with the Smithsonian Institution: Provided further, That
contracts awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security
of the John F. Kennedy Center for the Performing Arts, $26,400,000, to
remain available until September, 30, 2022.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $14,000,000, to remain available until
expended.
[[Page 134 STAT. 1532]]
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $14,000,000, to
remain available until September 30, 2022.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $167,500,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for administering the
functions of the Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $167,500,000 to remain available
until expended, of which $152,500,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $15,000,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $13,000,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small
[[Page 134 STAT. 1533]]
grant actions are taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,240,000: <<NOTE: Fees.>> Provided,
That the Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account as
an offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork, drawings
and artifacts, that pertain to the history and design of the Nation's
Capital or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study, or education: Provided
further, That one-tenth of one percent of the funds provided under this
heading may be used for official reception and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,400,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $61,388,000, of which $715,000
shall remain available until September 30, 2023, for the Museum's
equipment replacement program; and of which $3,000,000 for the Museum's
repair and rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until expended.
[[Page 134 STAT. 1534]]
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $20,000,000.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for
necessary expenses of the World War I Centennial Commission, $7,000,000,
to remain available until September 30, 2022: Provided, That in
addition to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
alyce spotted bear and walter soboleff commission on native children
For necessary expenses of the Alyce Spotted Bear and Walter Soboleff
Commission on Native Children (referred to in this paragraph as the
``Commission''), $500,000, to remain available until September 30, 2022:
Provided, That in addition to the authority provided by section 3(g)(5)
and 3(h) of Public Law 114-244, the Commission may hereafter accept in-
kind personnel services, contractual support, or any appropriate support
from any executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No <<NOTE: Lobbying.>> part of any appropriation
contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
[[Page 134 STAT. 1535]]
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The <<NOTE: Budget estimates.>> amount and basis of
estimated overhead charges, deductions, reserves, or holdbacks,
including working capital fund and cost pool charges, from programs,
projects, activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be presented in
annual budget justifications and subject to approval by the Committees
on Appropriations of the House of Representatives and the Senate.
Changes to such estimates shall be presented to the Committees on
Appropriations for approval.
mining applications
Sec. 404. (a) <<NOTE: Patents and trademarks.>> Limitation of
Funds.--None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located
under the general mining laws.
(b) <<NOTE: Determination.>> Exceptions.--Subsection (a) shall not
apply if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2022, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
[[Page 134 STAT. 1536]]
contract support costs, prior year limitation
Sec. 405. Sections <<NOTE: Extension.>> 405 and 406 of division F
of the Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year 2021.
contract support costs, fiscal year 2021 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2021 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2021 with
the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian
Health Service: Provided, That such amounts provided by this Act are
not available for payment of claims for contract support costs for prior
years, or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
forest management plans
Sec. 407. The <<NOTE: 16 USC 1604 note.>> Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the
[[Page 134 STAT. 1537]]
Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Congress in this
or any other Act, upon the determination by the head of the agency that
it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
[[Page 134 STAT. 1538]]
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <<NOTE: Reports.>> the Chairperson shall report to the
Congress annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of such Act;
and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
national endowment for the arts waivers
Sec. 414. Notwithstanding any other provision of law, funds made
available under the heading ``National Foundation on the Arts and the
Humanities--National Endowment for the Arts--Grants and Administration''
of this Act and under such heading for fiscal years 2019 and 2020 for
grants for the purposes described in section 5(c) of the National
Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may
also be used by the recipients of such grants for purposes of the
general operations of such recipients.
[[Page 134 STAT. 1539]]
national endowment for the humanities waivers
Sec. 415. Notwithstanding any other provision of law, funds made
available under the heading ``National Foundation on the Arts and the
Humanities--National Endowment for the Humanities--Grants and
Administration'' of this Act and under such heading for fiscal years
2019 and 2020 for grants for the purposes described in section 7(c) and
7(h)(1) of the National Foundation on the Arts and Humanities Act of
1965 may also be used by the recipients of such grants for purposes of
the general operations of such recipients.
status of balances of appropriations
Sec. 416. The <<NOTE: Time period. Reports.>> Department of the
Interior, the Environmental Protection Agency, the Forest Service, and
the Indian Health Service shall provide the Committees on Appropriations
of the House of Representatives and Senate quarterly reports on the
status of balances of appropriations including all uncommitted,
committed, and unobligated funds in each program and activity within 60
days of enactment of this Act.
extension of grazing permits
Sec. 417. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
Service on any lands not subject to administration under section 402 of
the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall
remain in effect for fiscal year 2021.
funding prohibition
Sec. 418. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
humane transfer and treatment of animals
Sec. 419. (a) <<NOTE: Wild horses and burros.>> Notwithstanding any
other provision of law, the Secretary of the Interior, with respect to
land administered by the Bureau of Land Management, or the Secretary of
Agriculture, with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''), may
transfer excess wild horses and burros that have been removed from land
administered by the Secretary concerned to other Federal, State, and
local government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a)
immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
[[Page 134 STAT. 1540]]
(d) A Federal, State, or local government agency receiving an excess
wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro for
processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. Section <<NOTE: Applicability. 16 USC 580d note.>>
503(f) of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by
substituting ``September 30, 2021'' for ``September 30, 2019''.
use of american iron and steel
Sec. 421. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definition.>> In this section, the term ``iron and
steel'' products means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Public information. Records. Time period.>> If the
Administrator receives a request for a waiver under this section, the
Administrator shall make available to the public on an informal basis a
copy of the request and information available to the Administrator
concerning the request, and shall allow for
[[Page 134 STAT. 1541]]
informal public input on the request for at least 15 days prior to
making a finding based on the request. <<NOTE: Web posting.>> The
Administrator shall make the request and accompanying information
available by electronic means, including on the official public Internet
Web site of the Environmental Protection Agency.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 422. The <<NOTE: Grants.>> Secretary of the Interior is
authorized to enter into grants and cooperative agreements with
volunteer fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide for
wildland fire training and equipment, including supplies and
communication devices. Notwithstanding section 121(c) of title 40,
United States Code, or section 521 of title 40, United States Code, the
Secretary is further authorized to transfer title to excess Department
of the Interior firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 423. Section <<NOTE: Applicability. 16 USC 6809 note.>> 810
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall
be applied by substituting ``October 1, 2022'' for ``September 30,
2019''.
reprogramming guidelines
Sec. 424. None <<NOTE: Advance approval.>> of the funds made
available in this Act, in this and prior fiscal years, may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section 4
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94;
133 Stat. 2536).
local contractors
Sec. 425. Section <<NOTE: Applicability.>> 412 of division E of
Public Law 112-74 shall be applied by substituting ``fiscal year 2021''
for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 426. Section <<NOTE: Applicability.>> 422 of division F of
Public Law 110-161 (121 Stat 1844), as amended, shall be applied by
substituting ``fiscal year 2021'' for ``fiscal year 2019''.
[[Page 134 STAT. 1542]]
interpretive association authorization extension
Sec. 427. Section <<NOTE: Applicability. 16 USC 565a-1 note.>> 426
of division G of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be
applied by substituting ``September 30, 2021'' for ``September 30,
2019''.
puerto rico schooling authorization extension
Sec. 428. The <<NOTE: Applicability.>> authority provided by the
19th unnumbered paragraph under heading ``Administrative Provisions,
Forest Service'' in title III of Public Law 109-54, as amended, shall be
applied by substituting ``fiscal year 2021'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 429. Section <<NOTE: Applicability. 16 USC 528 note.>> 339 of
the Department of the Interior and Related Agencies Appropriations Act,
2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as
amended by section 335(6) of Public Law 108-108 and section 432 of
Public Law 113-76, shall be applied by substituting ``fiscal year 2021''
for ``fiscal year 2019''.
chaco canyon
Sec. 430. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq, or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
tribal leases
Sec. 431. (a) <<NOTE: Effective date.>> Notwithstanding any other
provision of law, in the case of any lease under section 105(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)), the initial lease term shall commence no earlier than the date
of receipt of the lease proposal.
(b) <<NOTE: Consultation.>> The Secretaries of the Interior and
Health and Human Services shall, jointly or separately, during fiscal
year 2021 consult with tribes and tribal organizations through public
solicitation and other means regarding the requirements for leases under
section 105(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent
process for the payment of such leases.
resource study of springfield race riot
Sec. 432. (a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``Study Area'' means the
archeological site near Madison Street and the 10th Street Rail
Corridor, and other sites in Springfield, Illinois associated
with the 1908 Springfield Race Riot.
[[Page 134 STAT. 1543]]
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) <<NOTE: Evaluation.>> evaluate the national
significance of the study area;
(B) <<NOTE: Determination.>> determine the
suitability and feasibility of designating the study
area as a unit of the National Park System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities,
or private and non-profit organizations;
(D) <<NOTE: Consultation.>> consult with interested
Federal agencies, State or local governmental entities,
private and nonprofit organizations, or any other
interested individuals; and
(E) <<NOTE: Cost estimates.>> identify cost
estimates for any Federal acquisition, development,
interpretation, operation, and maintenance associated
with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report that
describes--
(A) the results of the study; and
(B) <<NOTE: Recommenda- tions.>> any conclusions
and recommendations of the Secretary.
forest ecosystem recovery and health fund
Sec. 433. The <<NOTE: Applicability.>> authority provided under
the heading ``Forest Ecosystem Health and Recovery Fund'' in title I of
Public Law 111-88, as amended by section 117 of division F of Public Law
113-235, shall be applied by substituting ``fiscal year 2021'' for
``fiscal year 2020'' each place it appears.
allocation of projects
Sec. 434. (a)(1) <<NOTE: Deadlines. Time periods.>> Within 45 days
of enactment of this Act, the Secretary of the Interior shall allocate
amounts available from the National Parks and Public Land Legacy
Restoration Fund for fiscal year 2021 pursuant to subsection (c) of
section 200402 of title 54, United States Code, and as provided in
subsection (e) of such section of such title, to the agencies of the
Department of the Interior and the Department of Agriculture specified,
in the amounts specified, and for the projects and activities specified
in the table titled ``Allocation of Funds from the National Parks and
Public Land Legacy Restoration Fund--Fiscal Year 2021'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) <<NOTE: Data sheets.>> Within 30 days of enactment of this Act,
the Secretary of the Interior shall submit to the Committees on
Appropriations of the House of Representatives and the Senate project
data sheets in the same format and containing the same level of detailed
[[Page 134 STAT. 1544]]
information that is found on such sheets in the Budget Justifications
annually submitted by the Department of the Interior with the
President's Budget for the Department of the Interior projects specified
pursuant to the allocation in subsection (a)(1) and, only 45 days after
submission of such sheets, shall the Secretary of the Interior be
permitted to obligate amounts that are allocated pursuant to subsection
(a)(1).
(3) <<NOTE: Lists.>> Within 30 days of enactment of this Act, the
Secretary of Agriculture shall submit to the Committees on
Appropriations of the House of Representatives and the Senate full
detailed project lists that must include a project description, as well
as information on region, forest or grassland name, project name, State,
Congressional district, fiscal year 2021 non-transportation needed
funds, fiscal year 2021 transportation needed funds, and asset type for
the Department of Agriculture projects specified pursuant to the
allocation in subsection (a)(1) and, only 45 days after submission of
such lists, shall the Secretary of Agriculture be permitted to obligate
amounts that are allocated pursuant to subsection (a)(1).
(b)(1) Within 45 days of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture, as appropriate, shall
allocate amounts made available for expenditure from the Land and Water
Conservation Fund for fiscal year 2021 pursuant to subsection (a) of
section 200303 of title 54, United States Code, to the agencies and
accounts specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds from the
Land and Water Conservation Fund--Fiscal Year 2021'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) <<NOTE: Data sheets.>> Within 30 days of enactment of this Act,
the Secretary of the Interior and the Secretary of Agriculture shall
each submit to the Committees on Appropriations of the House of
Representatives and the Senate project data sheets in the same format
and containing the same level of detailed information that is found on
such sheets as submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) for the projects specified pursuant to the allocation in
subsection (b)(1) and, only 45 days after submission of such sheets,
shall the Secretary of the Interior and the Secretary of Agriculture, as
appropriate, be permitted to obligate amounts that are allocated
pursuant to subsection (b)(1).
(c)(1) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under subsection (c)
of section 200402 of title 54, United States Code, or subsection (a) of
section 200303 of title 54, United States Code, other than amounts that
are allocated by subsections (a) and (b) of this section of this Act.
(2) <<NOTE: Consultation. Reports.>> If any funds made available by
section 200402(c) or section 200303(a) of title 54, United States Code,
were allocated or obligated in advance of the enactment of a fiscal year
2021 Act making full-year appropriations for the Department of the
Interior, Environment, and Related Agencies, then within 30 days of
enactment of this Act, the Office of Management and Budget, in
consultation with the Department of the Interior and the Department of
Agriculture, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report from the General
Counsel analyzing how the authority in section 200402 and in section
200303 of title 54, United States Code, permitted the
[[Page 134 STAT. 1545]]
Administration to allocate funding for projects for a fiscal year
pursuant those sections, particularly the language in sections 200402(i)
and 200303(c)(2), in advance of the date of enactment of such fiscal
year 2021 Act.
(d)(1) <<NOTE: Lists.>> Concurrent with the annual budget
submission of the President for fiscal year 2022, the Secretary of the
Interior and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives and the
Senate a list of supplementary allocations for Federal land acquisition
and Forest Legacy projects at the National Park Service, the U.S. Fish
and Wildlife Service, the Bureau of Land Management, and the U.S. Forest
Service that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, that
are prioritized and detailed by account, program, and project, and that
total no less than half the full amount allocated to each account for
that land management Agency under the allocations submitted under
section 200303(c)(1) of title 54, United States Code.
(2) The Federal land acquisition and Forest Legacy projects in the
``Submission of Cost Estimates'' required by section 200303(c)(1) of
title 54, United States Code, and on the list of supplementary
allocations required by paragraph (1) shall be comprised only of
projects for which a willing seller has been identified and for which an
appraisal or market research has been initiated.
(3) <<NOTE: Data sheets.>> Concurrent with the annual budget
submission of the President for fiscal year 2022, the Secretary of the
Interior and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives and the
Senate project data sheets in the same format and containing the same
level of detailed information that is found on such sheets in the Budget
Justifications annually submitted by the Department of the Interior with
the President's Budget for the projects in the ``Submission of Cost
Estimates'' required by section 200303(c)(1) of title 54, United States
Code, and in the same format and containing the same level of detailed
information that is found on such sheets submitted to the Committees
pursuant to section 427 of division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) for the list of
supplementary allocations required by paragraph (1), and for the
projects in the ``Submission of Annual List of Projects to Congress''
required by section 200402(h) of title 54, United States Code.
(e) <<NOTE: Time period. Reports.>> The Department of the Interior
and the Department of Agriculture shall provide the Committees on
Appropriations of the House of Representatives and Senate quarterly
reports on the status of balances for amounts allocated pursuant to
subsections (a)(1) and (b)(1) of this section, including all
uncommitted, committed, and unobligated funds.
(f) Expenditures made or obligations incurred under the heading
``United States Fish and Wildlife Service--Land Acquisition'' and for
the Appraisal and Valuation Services Office under the heading
``Departmental Offices--Office of the Secretary--Departmental
Operations'' pursuant to the Continuing Appropriations Act, 2021 (Public
Law 116-159) shall be charged to the applicable appropriation, account
allocation, fund, or authorization pursuant to section 200303 of title
54, United States Code.
[[Page 134 STAT. 1546]]
timber sale requirements
Sec. 435. No <<NOTE: Alaska.>> timber sale in Alaska's Region 10
shall be advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and stumpage
costs and provide a normal profit and risk allowance under the Forest
Service's appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which is
surplus to the needs of the domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic processors may be
exported to foreign markets at the election of the timber sale holder.
All Alaska yellow cedar may be sold at prevailing export prices at the
election of the timber sale holder.
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions resulting from
biological processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any other Act
may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) or any other law.
policies relating to biomass energy
Sec. 439. To support the key role that forests in the United States
can play in addressing the energy needs of the United States, the
Secretary of Energy, the Secretary of Agriculture, and the Administrator
of the Environmental Protection Agency shall, consistent with their
missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and responsible
forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
[[Page 134 STAT. 1547]]
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 440. None <<NOTE: Regulations. Alaska.>> of the funds made
available in this Act may be used to implement or enforce the regulation
issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a subsequent
regulation is issued, the Administrator shall implement the law and
regulations in effect prior to such date.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2021''.
DIVISION H--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2021. Department of Labor Appropriations Act, 2021. Time period.>> OF
LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,663,200,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,845,332,000 as follows:
(A) $862,649,000 for adult employment and training
activities, of which $150,649,000 shall be available for
the period July 1, 2021 through June 30, 2022, and of
which $712,000,000 shall be available for the period
October 1, 2021 through June 30, 2022;
(B) $921,130,000 for youth activities, which shall
be available for the period April 1, 2021 through June
30, 2022; and
(C) $1,061,553,000 for dislocated worker employment
and training activities, of which $201,553,000 shall be
[[Page 134 STAT. 1548]]
available for the period July 1, 2021 through June 30,
2022, and of which $860,000,000 shall be available for
the period October 1, 2021 through June 30, 2022:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act; and
(2) for national programs, $817,868,000 as follows:
(A) $280,859,000 for the dislocated workers
assistance national reserve, of which $80,859,000 shall
be available for the period July 1, 2021 through
September 30, 2022, and of which $200,000,000 shall be
available for the period October 1, 2021 through
September 30, 2022: Provided, That
funds <<NOTE: Coordination.>> provided to carry out
section 132(a)(2)(A) of the WIOA may be used to provide
assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided
further, That of the funds provided under this
subparagraph, $80,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $35,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1) and workers in the Lower Mississippi,
as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2));
(ii) $45,000,000 shall be for the purpose of
developing, offering, or improving educational or
career training programs at community colleges,
defined as public institutions of higher
education, as described in section 101(a) of the
Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree
awarded, with other eligible institutions of
higher education, as defined in section 101(a) of
the Higher Education Act of 1965, eligible to
participate through consortia, with community
colleges as the lead
grantee: <<NOTE: Requirements.>> Provided, That
the Secretary shall follow the requirements for
the program in House Report 116-62 and in the
explanatory statement accompanying this Act:
Provided further, That any grant funds used for
apprenticeships shall be used to support only
apprenticeship programs registered
[[Page 134 STAT. 1549]]
under the National Apprenticeship Act and as
referred to in section 3(7)(B) of the WIOA;
(B) $55,500,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2021 through June 30, 2022;
(C) $93,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$87,083,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,256,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $557,000 for other discretionary
purposes, which shall be available for the period April
1, 2021 through June 30, 2022: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services:
Provided further, That notwithstanding the definition of
``eligible seasonal farmworker'' in section 167(i)(3)(A)
of the WIOA relating to an individual being ``low-
income'', an individual is eligible for migrant and
seasonal farmworker programs under section 167 of the
WIOA under that definition if, in addition to meeting
the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family
with a total family income equal to or less than 150
percent of the poverty line;
(D) $96,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2021 through June 30,
2022;
(E) $100,079,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall be
available for the period April 1, 2021 through June 30,
2022: Provided, That <<NOTE: Grants.>> of this amount,
$25,000,000 shall be for competitive grants to national
and regional intermediaries for activities that prepare
for employment young adults with criminal records, young
adults who have been justice system-involved, or young
adults who have dropped out of school or other
educational programs, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2021 through June 30, 2022; and
(G) $185,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, including equity intermediaries
and business and labor industry partner intermediaries,
which shall be available for the period July 1, 2021
through June 30, 2022.
[[Page 134 STAT. 1550]]
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIOA, $1,748,655,000, plus reimbursements, as
follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2021 through June 30, 2022;
(2) $113,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2021 through June 30, 2024, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That <<NOTE: Termination date.>> any funds transferred
pursuant to the preceding provision shall not be available for
obligation after June 30, 2022: <<NOTE: Notification.>>
Provided further, That the Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2020
through September 30, 2021:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $405,000,000, which shall be available for the
period April 1, 2021 through June 30, 2022, and may be recaptured and
reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2021 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
2015, $633,600,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2021: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation
[[Page 134 STAT. 1551]]
beyond the current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,332,583,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $2,565,816,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $200,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of section
251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $83,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under
5 U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of
1974 and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States through December 31, 2021, except that
funds used for automation shall be available for Federal
obligation through December 31, 2021, and for State obligation
through September 30, 2023, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2027, and for expenditure through
September 30, 2028, and funds for competitive grants awarded to
States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment
services and referrals to training, as appropriate, shall be
available for Federal obligation through December 31, 2021, and
for obligation by the States through September 30, 2023, and
funds for the Unemployment Insurance Integrity Center of
Excellence shall be available for obligation by the State
through September 30, 2022, and funds used for unemployment
insurance workloads experienced through September 30, 2021 shall
be available for Federal obligation through December 31, 2021;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
[[Page 134 STAT. 1552]]
(3) $648,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2021 through June 30, 2022;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986 (including assisting States in
adopting or modernizing information technology for use in the
processing of certification requests), and the provision of
technical assistance and staff training under the Wagner-Peyser
Act;
(5) $77,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $57,528,000 shall be available for the Federal
administration of such activities, and $20,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2021
through June 30, 2022:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2021 is projected by the
Department of Labor to exceed 1,728,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That the Secretary may use funds appropriated for grants to
States under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in this Act
which are used to establish a national one-stop career center system, or
which are used to support the national activities of the Federal-State
unemployment insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States and non-
State entities: Provided further, That States awarded competitive
grants for improved operations under title III of the Social Security
Act, or awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award subgrants to
other States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That funds
appropriated under this Act for activities authorized under title III of
the Social Security Act and the Wagner-Peyser Act may be used by States
to fund
[[Page 134 STAT. 1553]]
integrated Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed under the
final rule entitled ``Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards'' at part 200 of
title 2, Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a consortium with
other States, may reallot funds allotted to such State under title III
of the Social Security Act to other States participating in the
consortium or to the entity operating the Unemployment Insurance
Information Technology Support Center in order to carry out activities
that benefit the administration of the unemployment compensation law of
the State making the request: Provided further, That <<NOTE: Fees.>>
the Secretary may collect fees for the costs associated with additional
data collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education, and
nonprofit organizations and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, for the National Agricultural Workers
Survey infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall be credited
to this appropriation and shall remain available until September 30,
2022, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2022.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2022, for the procurement of expert
witnesses for enforcement litigation.
[[Page 134 STAT. 1554]]
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The <<NOTE: Contracts.>> Pension Benefit Guaranty Corporation
(``Corporation'') is authorized to make such expenditures, including
financial assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses,
through September 30, 2021, for the Corporation: Provided, That none of
the funds available to the Corporation for fiscal year 2021 shall be
available for obligations for administrative expenses in excess of
$465,289,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2021, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2025, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further,
That <<NOTE: Approval. Notification.>> obligations in excess of the
amounts provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2025 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2025 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $246,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$44,437,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $105,976,000.
[[Page 134 STAT. 1555]]
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
App. 2012); obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
and benefits required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $239,000,000, together with such amounts as
may be necessary to be charged to the subsequent year appropriation for
the payment of compensation and other benefits for any period subsequent
to August 15 of the current year, for deposit into and to assume the
attributes of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts <<NOTE: Reimbursement.>>
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2020, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further,
That <<NOTE: Determination.>> in addition there shall be transferred to
this appropriation from the Postal Service and from any other
corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such sums as
the Secretary determines to be the cost of administration for employees
of such fair share entities through September 30, 2021: Provided
further, That of those funds transferred to this account from the fair
share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $80,257,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,220,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,647,000;
(3) For periodic roll disability management and medical
review, $25,648,000;
(4) For program integrity, $1,742,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
[[Page 134 STAT. 1556]]
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $40,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2022, $14,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $62,507,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
<<NOTE: 26 USC 9501 note.>> Such sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2021 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $40,643,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $33,033,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $333,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $591,787,000, including not to exceed $110,075,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the
[[Page 134 STAT. 1557]]
costs of State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18 of the
Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $499,000 per fiscal
year of training institute course tuition and fees, otherwise authorized
by law to be collected, and may utilize such sums for occupational
safety and health training and education: Provided,
That <<NOTE: Fees.>> notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2021, to collect
and retain fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further,
That <<NOTE: Farms and farming.>> none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That <<NOTE: Small businesses.>>
no funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule, regulation, or
order under the Act with respect to any employer of 10 or fewer
employees who is included within a category having a Days Away,
Restricted, or Transferred (``DART'') occupational injury and illness
rate, at the most precise industrial classification code for which such
data are published, less than the national average rate as such rates
are most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $11,787,000 shall be available for Susan Harwood training
grants, of which not less than $4,500,000 is for Susan Harwood Training
Capacity Building Developmental grants, as described in Funding
Opportunity
[[Page 134 STAT. 1558]]
Number SHTG-FY-16-02 (referenced in the notice of availability of funds
published in the Federal Register on May 3, 2016 (81 Fed. Reg. 30568))
for program activities starting not later than September 30, 2021 and
lasting for a period of 12 months: Provided further, That not less than
$3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities:
Provided further, That <<NOTE: 30 USC 966 note.>> notwithstanding 31
U.S.C. 3302, the Mine Safety and Health Administration is authorized to
collect and retain up to $2,499,000 from fees collected for the approval
and certification of equipment, materials, and explosives for use in
mines, and may utilize such sums for such activities: Provided further,
That <<NOTE: 30 USC 962.>> the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private: Provided further, That <<NOTE: 30 USC
962.>> the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining community
through cooperative programs with States, industry, and safety
associations: Provided further, That <<NOTE: 30 USC 962.>> the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: Provided further, That <<NOTE: 30 USC 962.>>
any funds available to the Department of Labor may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $587,000,000, together with not
to exceed $68,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Within this amount, $13,000,000 to remain available until September
30, 2024, for costs associated with the physical move of the Bureau of
Labor Statistics' headquarters, including replication
[[Page 134 STAT. 1559]]
of space, furniture, fixtures, equipment, and related costs, as well as
relocation of the data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $349,056,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$67,325,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2021: Provided further,
That funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than $13,500,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs: Provided
further, That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2022: Provided
further, That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate account
in the Department for such purpose: Provided further,
That <<NOTE: Notification.>> the Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15 days in
advance of any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of the
amounts made available to the Women's Bureau, not less than $1,794,000
shall be used for grants authorized by the Women in Apprenticeship and
Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $258,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust
[[Page 134 STAT. 1560]]
Fund to carry out the provisions of chapters 41, 42, and 43 of title 38,
United States Code, of which--
(1) $180,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
program specialists under section 4103A of such title and local
veterans' employment representatives under section 4104(b) of
such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for expenditure by the
States through September 30, 2023, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $31,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $44,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of
title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O of Public
Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $57,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2021, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may include,
in addition to services to the individuals described in subsection (e)
of such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided further, That
notwithstanding paragraph (3) under this heading, funds appropriated in
this paragraph may be used for data systems and contract support to
allow for the tracking of participant and performance information:
Provided further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall be
available for expenditure pursuant to 31 U.S.C. 1553.
[[Page 134 STAT. 1561]]
<<NOTE: Fees.>> In addition, fees may be assessed and deposited in
the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary to carry
out the HIRE Vets Medallion Award Program, as authorized by such Act,
and shall remain available until expended: Provided, That such sums
shall be in addition to any other funds available for such purposes,
including funds available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $27,269,000, which shall be available through
September 30, 2022.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$85,187,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further,
That <<NOTE: Notification.>> the Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive Order
13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be
[[Page 134 STAT. 1562]]
used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupations
and industries for which employers are using H-1B visas to hire foreign
workers, and the related activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities that are funded under any
such discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may transfer not
more than 0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such account
to carry out program integrity activities related to the Job Corps
program: Provided further, That funds transferred under the authority
provided by this subsection shall be available for obligation through
September 30, 2022.
(transfer of funds)
Sec. 107. <<NOTE: Evaluations.>> (a) The Secretary may reserve not
more than 0.75 percent from each appropriation made available in this
Act identified in subsection (b) in order to carry out evaluations of
any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2022: Provided,
That <<NOTE: Plan. Time period.>> such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits a plan
to the Committees
[[Page 134 STAT. 1563]]
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance of any
transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. (a) <<NOTE: Applicability.>> Section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
following text is part of such section:
``(s)(1) <<NOTE: Time period.>> The provisions of this section
shall not apply for a period of 2 years after the occurrence of a major
disaster to any employee--
``(A) employed to adjust or evaluate claims
resulting from or relating to such major disaster, by an
employer not engaged, directly or through an affiliate,
in underwriting, selling, or marketing property,
casualty, or liability insurance policies or contracts;
``(B) who receives from such employer on average
weekly compensation of not less than $591.00 per week or
any minimum weekly amount established by the Secretary,
whichever is greater, for the number of weeks such
employee is engaged in any of the activities described
in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals,
individuals who suffered injuries or other damages
or losses arising from or relating to a disaster,
witnesses, or physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding
litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) <<NOTE: Definitions.>> For purposes of this
subsection--
``(A) the term `major disaster' means any disaster
or catastrophe declared or designated by any State or
Federal agency or department;
``(B) the term `employee employed to adjust or
evaluate claims resulting from or relating to such major
disaster' means an individual who timely secured or
secures a license required by applicable law to engage
in and perform the activities described in clauses (i)
through (v) of paragraph (1)(C) relating to a major
disaster, and is employed by an employer that maintains
worker compensation insurance coverage or protection for
its employees, if required
[[Page 134 STAT. 1564]]
by applicable law, and withholds applicable Federal,
State, and local income and payroll taxes from the
wages, salaries and any benefits of such employees; and
``(C) the term `affiliate' means a company that, by
reason of ownership or control of 25 percent or more of
the outstanding shares of any class of voting securities
of one or more companies, directly or indirectly,
controls, is controlled by, or is under common control
with, another company.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 109. (a) <<NOTE: Time periods.>> Flexibility With Respect to
the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
(1) <<NOTE: Effective date.>> In general.--Subject to
paragraph (2), if a petition for H-2B nonimmigrants filed by an
employer in the seafood industry is granted, the employer may
bring the nonimmigrants described in the petition into the
United States at any time during the 120-day period beginning on
the start date for which the employer is seeking the services of
the nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the start
date for which the employer is seeking the services of the
nonimmigrants unless the employer--
(A) <<NOTE: Assessment.>> completes a new
assessment of the local labor market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. <<NOTE: Determinations. Wages.>> The determination of
prevailing wage for the purposes of the H-2B program shall be the
greater of--(1) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic area in
which the H-2B nonimmigrant will be employed, based on the best
information available at the time of filing the petition. In the
determination of prevailing wage for the purposes of the H-2B program,
the Secretary shall accept private wage surveys even in instances where
Occupational
[[Page 134 STAT. 1565]]
Employment Statistics survey data are available unless the Secretary
determines that the methodology and data in the provided survey are not
statistically supported.
Sec. 111. <<NOTE: Regulations.>> None of the funds in this Act
shall be used to enforce the definition of corresponding employment
found in 20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the H-2B
program, the definition of temporary need shall be that provided in 8
CFR 214.2(h)(6)(ii)(B).
Sec. 112. <<NOTE: Grants. Contracts. Determination.>>
Notwithstanding any other provision of law, the Secretary may furnish
through grants, cooperative agreements, contracts, and other
arrangements, up to $2,000,000 of excess personal property, at a value
determined by the Secretary, to apprenticeship programs for the purpose
of training apprentices in those programs.
Sec. 113. (a) <<NOTE: Applicability.>> The Act entitled ``An Act to
create a Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part of such
Act:
``SEC. 12. SECURITY DETAIL.
``(a) <<NOTE: Guidelines.>> In General.--The Secretary of Labor is
authorized to employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and to
the members of the immediate family of the Secretary if there is
a unique and articulable threat of physical harm, in accordance
with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
[[Page 134 STAT. 1566]]
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any authority
provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the disposition
of Federal real property, including but not limited to subchapter III of
chapter 5 of title 40 of the United States Code and subchapter V of
chapter 119 of title 42 of the United States Code. The net proceeds of
such a sale shall be transferred to the Secretary, which shall be
available until expended to carry out the Job Corps Program on Treasure
Island.
(rescission)
Sec. 115. (a) Of the unobligated funds available under section
286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) in an
amount that is equal to the amount that became available on October 1,
2020, pursuant to the temporary rescission in section 115 of division A
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94), $150,000,000 are hereby permanently rescinded, as follows:
$75,000,000 from the unobligated funds available under section 286(s)(2)
of such Act; $45,000,000 from the unobligated funds available under
section 286(s)(3) of such Act; $15,000,000 from the unobligated funds
available under section 286(s)(4) of such Act; $7,500,000 from the
unobligated funds available under section 286(s)(5) of such Act; and
$7,500,000 from the unobligated funds available under section 286(s)(6)
of such Act.
(b) <<NOTE: Deadline.>> Of the unobligated funds available under
section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), and in addition to the amounts rescinded in subsection (a),
$285,000,000 are hereby permanently rescinded not later than September
30, 2021.
Sec. 116. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met.
Sec. 117. Paragraph (1) under the heading ``Department of Labor--
Veterans Employment and Training'' of title I of division A of Public
Law 116-94 <<NOTE: 133 Stat. 2549.>> is amended by striking
``obligation by the States through December 31, 2020'' and inserting
``expenditure by the States through September 30, 2022''.
[[Page 134 STAT. 1567]]
Sec. 118. The amounts provided by the first proviso following
paragraph (6) under the heading ``Department of Labor--Employment and
Training Administration--State Unemployment Insurance and Employment
Service Operations'' in title I of this Act are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
This title may be cited as the ``Department of Labor Appropriations
Act, 2021''.
TITLE <<NOTE: Department of Health and Human Services Appropriations
Act, 2021.>> II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,683,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $120,000,000
shall be available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,224,006,000: Provided, That sections 751(j)(2) and 762(k) of the PHS
Act and the proportional funding amounts in paragraphs (1) through (4)
of section 756(f) of the PHS Act shall not apply to funds made available
under this heading: Provided further, That <<NOTE: Waiver authority. 42
USC 294a note.>> for any program operating under section 751 of the PHS
Act on or before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ``Secretary'') may hereafter
waive any of the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a grant under
such section: Provided further, That no funds shall be available for
section 340G-1 of the PHS Act: Provided further, That fees collected
for the disclosure of information under section 427(b) of the Health
Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921
of the Social Security Act shall be sufficient to recover the full costs
of operating the programs authorized by such sections and shall remain
available until expended for the National Practitioner Data Bank:
Provided further, That funds transferred to this account to carry out
section 846 and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such section
and subpart: Provided further, That $120,000,000 shall remain available
until expended for the purposes of providing primary health services,
assigning National Health Service Corps
[[Page 134 STAT. 1568]]
(``NHSC'') members to expand the delivery of substance use disorder
treatment services, notwithstanding the assignment priorities and
limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii)
of the PHS Act, and making payments under the NHSC Loan Repayment
Program under section 338B of such Act: Provided further, That, within
the amount made available in the previous proviso, $15,000,000 shall
remain available until expended for the purposes of making payments
under the NHSC Loan Repayment Program under section 338B of the PHS Act
to individuals participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-Operated 638
Health Programs, and Urban Indian Health Programs (as those terms are
defined by the Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided further,
That <<NOTE: Applicability. Definition.>> for purposes of the previous
two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if
the term ``primary health services'' includes clinical substance use
disorder treatment services, including those provided by masters level,
licensed substance use disorder treatment counselors: Provided further,
That <<NOTE: Grants.>> of the funds made available under this heading,
$5,000,000 shall be available to make grants to establish or expand
optional community-based nurse practitioner fellowship programs that are
accredited or in the accreditation process, with a preference for those
in Federally Qualified Health Centers, for practicing postgraduate nurse
practitioners in primary care or behavioral health.
Of <<NOTE: Grants.>> the funds made available under this heading,
$50,000,000 shall remain available until expended for grants to public
institutions of higher education to expand or support graduate education
for physicians provided by such institutions: Provided,
That, <<NOTE: Priority. Determination.>> in awarding such grants, the
Secretary shall give priority to public institutions of higher education
located in States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided further,
That <<NOTE: Determination.>> grants so awarded are limited to such
public institutions of higher education in States in the top quintile of
States with a projected primary care provider shortage in 2025, as
determined by the Secretary: Provided further, That the minimum amount
of a grant so awarded to such an institution shall be not less than
$1,000,000 per year: Provided further, That <<NOTE: Time period.>>
such a grant may be awarded for a period not to exceed 5 years:
Provided further, That amounts made available in this paragraph shall be
awarded as supplemental grants to recipients of grants awarded for this
purpose in fiscal years 2019 and 2020, pursuant to the terms and
conditions of each institution's initial grant agreement, in an amount
for each institution that will result in every institution being awarded
the same total grant amount over fiscal years 2019 through 2021,
provided the institution can justify the expenditure of such funds:
Provided further, That <<NOTE: Matching funds.>> such a grant awarded
with respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that is not less
than 10 percent of the total amount of Federal funds provided in the
grant to such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social
[[Page 134 STAT. 1569]]
Security Act, $975,284,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$139,116,000 shall be available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,423,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2023, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$105,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $129,093,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$329,519,000, of which $55,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That <<NOTE: Grants.>> of the funds made
available under this heading for Medicare rural hospital flexibility
grants, $20,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry out
section 1820(g)(6) of the Social Security Act, with funds provided for
grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall
be available for State Offices of Rural Health: Provided further, That
$10,500,000 shall remain available through September 30, 2023, to
support the Rural Residency Development Program: Provided further, That
$110,000,000 shall be for the Rural Communities Opioids Response
Program.
[[Page 134 STAT. 1570]]
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000: Provided,
That <<NOTE: Abortion.>> amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of literature)
that in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available under
this heading may be used to supplement program support funding provided
under the headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health
Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $11,200,000 shall
be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $448,805,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,314,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $596,272,000: Provided, That
of the amounts made available under this heading, up to $1,000,000 shall
remain available until expended to pay for the transportation, medical
care, treatment, and other related costs of persons quarantined or
isolated under Federal or State quarantine law.
[[Page 134 STAT. 1571]]
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,021,714,000: Provided, That <<NOTE: Grants.>> funds made available
under this heading may be available for making grants under section 1509
of the PHS Act for not less than 21 States, tribes, or tribal
organizations: Provided further, That of the funds made available under
this heading, $15,000,000 shall be available to continue and expand
community specific extension and outreach programs to combat obesity in
counties with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $167,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $591,997,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $205,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $682,879,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$345,300,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
[[Page 134 STAT. 1572]]
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $592,843,000, of which: (1) $128,421,000 shall
remain available through September 30, 2022 for international HIV/AIDS;
and (2) $193,400,000 shall remain available through September 30, 2023
for global disease detection and emergency response: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $842,200,000: Provided,
That <<NOTE: Detailees. Notice. Deadline. Reports. Updates. Time
period.>> the Director of the Centers for Disease Control and
Prevention (referred to in this title as ``CDC'') or the Administrator
of the Agency for Toxic Substances and Disease Registry may detail staff
without reimbursement to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator, as
applicable, provides a notice to the Committees on Appropriations of the
House of Representatives and the Senate within 15 days of the use of
this authority, a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed, and an update of such
report every 180 days until staff are no longer on detail without
reimbursement to the CDC Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $30,000,000,
which shall remain available until September 30, 2025: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of
the mine safety research facility.
[[Page 134 STAT. 1573]]
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $123,570,000: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of the
PHS Act shall not apply to funds appropriated under this heading and in
all other accounts of the CDC: Provided further, That of the amounts
made available under this heading, $10,000,000, to remain available
until expended, shall be available to the Director of the CDC for
deposit in the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115-245:
Provided further, That <<NOTE: Contracts.>> funds appropriated under
this heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies: Provided further, That <<NOTE: Detailees.>>
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2022.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,364,852,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,664,811,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $484,867,000.
[[Page 134 STAT. 1574]]
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,131,975,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,463,393,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,069,619,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,991,417,000, of which
$1,271,505,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $396,573,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,590,337,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $835,714,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $814,675,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,899,227,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$634,292,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $498,076,000.
[[Page 134 STAT. 1575]]
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $174,957,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $554,923,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,479,660,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,053,708,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $615,780,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $410,728,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $154,162,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$390,865,000: Provided, That <<NOTE: Public
information. Notification. Time period.>> funds may be used to
implement a reorganization that is presented to an advisory council in a
public meeting and for which the Committees on Appropriations of the
House of Representatives and the Senate have been notified 30 days in
advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$84,044,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $463,787,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September
[[Page 134 STAT. 1576]]
30, 2022: Provided further, That <<NOTE: Contracts.>> in fiscal year
2021, the National Library of Medicine may enter into personal services
contracts for the provision of services in facilities owned, operated,
or constructed under the jurisdiction of the National Institutes of
Health (referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $855,421,000: Provided, That up to
$60,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $586,841,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,411,110,000: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That <<NOTE: Study.>>
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $635,939,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS Act:
Provided further, That of the funds provided, $10,000 shall be for
official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further,
That <<NOTE: Grants.>> the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That $50,000,000 shall
be used to carry out section 404I of the PHS Act (42 U.S.C. 283K),
relating to biomedical and behavioral research facilities: Provided
further, That <<NOTE: Grants.>> $5,000,000 shall be transferred to and
merged with the appropriation for the ``Office of Inspector General''
for oversight of grant programs and operations of the NIH, including
agency efforts to ensure the integrity of its grant application
evaluation and selection processes, and shall be in addition to funds
otherwise made available for oversight of the NIH: Provided further,
That <<NOTE: Time period. Advance approval.>> the funds provided in the
previous proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That <<NOTE: Consultation. Audit plan. Deadline.>> the Inspector
General shall consult with the Committees on Appropriations of the House
of Representatives and the Senate before submitting to the Committees an
audit plan for fiscal years 2021 and 2022 no later than 30 days after
the date of enactment of this Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section
[[Page 134 STAT. 1577]]
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $200,000,000, to remain available
through September 30, 2025.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes in the appropriations provided to the NIH in
this Act, $404,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such Act:
Provided further, That <<NOTE: Determination.>> upon a determination by
the Director that funds transferred pursuant to the previous proviso are
not necessary for the purposes provided, such amounts may be transferred
back to the Account: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,759,236,000: Provided, That of the funds made
available under this heading, $71,887,000 shall be for the National
Child Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated
for carrying out section 520A shall be available for carrying out
section 1971 of the PHS Act: Provided further, That in addition to
amounts provided herein, $21,039,000 shall be available under section
241 of the PHS Act to carry out subpart I of part B of title XIX of the
PHS Act to fund section 1920(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B of title
XIX: Provided further, That of the funds made available under this
heading for subpart I of part B of title XIX of the PHS Act, $35,000,000
shall be available to support evidence-based crisis systems: Provided
further, That <<NOTE: Grants. Contracts.>> up to 10 percent of the
amounts made available to carry out the Children's Mental Health
Services program may be used to carry out demonstration grants or
contracts for early interventions with persons not more than 25 years of
age at clinical high risk of developing a first episode of psychosis:
Provided further, That section 520E(b)(2) of the PHS Act shall not apply
to funds
[[Page 134 STAT. 1578]]
appropriated in this Act for fiscal year 2021: Provided further, That
States shall expend at least 10 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidence-based
programs that address the needs of individuals with early serious mental
illness, including psychotic disorders, regardless of the age of the
individual at onset: Provided further, That <<NOTE: Grants.>>
$250,000,000 shall be available until September 30, 2023 for grants to
communities and community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a) of Public
Law 113-93: Provided further, That none of the funds provided for
section 1911 of the PHS Act shall be subject to section 241 of such Act:
Provided further, That of the funds made available under this heading,
$21,000,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $3,773,556,000: Provided, That <<NOTE: Grants.>>
$1,500,000,000 shall be for State Opioid Response Grants for carrying
out activities pertaining to opioids and stimulants undertaken by the
State agency responsible for administering the substance abuse
prevention and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That
of such amount $50,000,000 shall be made available to Indian Tribes or
tribal organizations: Provided further, That 15 percent of the
remaining amount shall be for the States with the highest mortality rate
related to opioid use disorders: Provided further, That of the amounts
provided for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training, technical
assistance, and evaluation: Provided further,
That <<NOTE: Allocations. Determination.>> of the amount not reserved
by the previous three provisos, the Secretary shall make allocations to
States, territories, and the District of Columbia according to a formula
using national survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related deaths:
Provided further, That <<NOTE: Time period. Publication.>> the
Secretary shall submit the formula methodology to the Committees on
Appropriations of the House of Representatives and the Senate not less
than 15 days prior to publishing a Funding Opportunity Announcement:
Provided further, That prevention and treatment activities funded
through such grants may include education, treatment (including the
provision of medication), behavioral health services for individuals in
treatment programs, referral to treatment services, recovery support,
and medical screening associated with such treatment: Provided further,
That each State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to amounts
provided herein, the following amounts shall be available under section
241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of
title XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart
[[Page 134 STAT. 1579]]
II of part B of title XIX; and (2) $2,000,000 to evaluate substance
abuse treatment programs: Provided further, That none of the funds
provided for section 1921 of the PHS Act or State Opioid Response Grants
shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $208,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, <<NOTE: Fees.>> in
addition, fees may be collected for the costs of publications, data,
data tabulations, and data analysis completed under title V of the PHS
Act and provided to a public or private entity upon request, which shall
be credited to this appropriation and shall remain available until
expended for such purposes: Provided further, That amounts made
available in this Act for carrying out section 501(o) of the PHS Act
shall remain available through September 30, 2022: Provided further,
That funds made available under this heading may be used to supplement
program support funding provided under the headings ``Mental Health'',
``Substance Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$338,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2021: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2022.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $313,904,098,000, to remain available until
expended.
[[Page 134 STAT. 1580]]
For making, after May 31, 2021, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2021 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2022, $148,732,315,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $439,514,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social Security
Act, funds retained by the Secretary pursuant to section 1893(h) of the
Social Security Act, and such sums as may be collected from authorized
user fees and the sale of data, which shall be credited to this account
and remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the PHS Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided further,
That <<NOTE: Fees.>> the Secretary is directed to collect fees in
fiscal year 2021 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided further, That
of the amount made available under this heading, $397,334,000 shall
remain available until September 30, 2022, and shall be available for
the Survey and Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose under
[[Page 134 STAT. 1581]]
this heading in division H of the Consolidated Appropriations Act, 2018
(Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $807,000,000, to remain available through September
30, 2022, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$616,000,000 shall be for the Centers for Medicare & Medicaid Services
program integrity activities, of which $99,000,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3) of
such Act, and of which $92,000,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2021 shall include
measures of the operational efficiency and impact on fraud, waste, and
abuse in the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet the terms
of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $496,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(C) of such
Act: Provided further, That the Secretary shall provide not less than
$20,000,000 from amounts made available under this heading and amounts
made available for fiscal year 2021 under section 1817(k)(3)(A) of the
Social Security Act for the Senior Medicare Patrol program to combat
health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
$3,039,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2022, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,750,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $3,500,000 may be reserved by the Secretary
of Health and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures
[[Page 134 STAT. 1582]]
and the Secretary may, in addition to the authorities provided in
section 2609A(a)(1), use such funds through contracts with private
entities that do not qualify as nonprofit organizations: Provided
further, That all but $760,000,000 of the amount appropriated under this
heading shall be allocated as though the total appropriation for such
payments for fiscal year 2021 was less than $1,975,000,000: Provided
further, That, after applying all applicable provisions of section 2604
of such Act and the previous proviso, each State or territory that would
otherwise receive an allocation that is less than 97 percent of the
amount that it received under this heading for fiscal year 2020 from
amounts appropriated in Public Law 116-94 shall have its allocation
increased to that 97 percent level, with the portions of other States'
and territories' allocations that would exceed 100 percent of the
amounts they respectively received in such fashion for fiscal year 2020
being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,910,201,000, of which $1,864,446,000 shall remain available through
September 30, 2023 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further,
That <<NOTE: Applicability.>> the limitation in section 205 of this Act
regarding transfers increasing any appropriation shall apply to
transfers to appropriations under this heading by substituting ``15
percent'' for ``3 percent'': Provided further, That the contribution of
funds requirement under section 235(c)(6)(C)(iii) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,911,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That <<NOTE: Contracts.>> technical
assistance under section 658I(a)(3) of such Act may be provided
directly, or through the use of contracts, grants, cooperative
agreements, or interagency agreements: Provided further, That all funds
made available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, That in addition to the
amounts required to be reserved by the Secretary under
[[Page 134 STAT. 1583]]
section 658O(a)(2)(A) of such Act, $177,330,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For <<NOTE: Grants.>> carrying out, except as otherwise provided,
the Runaway and Homeless Youth Act, the Head Start Act, the Every
Student Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and Services Act,
the Native American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (adoption
opportunities), part B-1 of title IV and sections 429, 473A, 477(i),
1110, 1114A, and 1115 of the Social Security Act, and the Community
Services Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI,
and XX-A of the Social Security Act, the Act of July 5, 1960, the Low-
Income Home Energy Assistance Act of 1981, the Child Care and
Development Block Grant Act of 1990, the Assets for Independence Act,
title IV of the Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980, $13,040,511,000, of which
$75,000,000, to remain available through September 30, 2022, shall be
for grants to States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before September
30, 2021: Provided, That $10,748,095,000 shall be for making payments
under the Head Start Act, including for Early Head Start-Child Care
Partnerships, and, of which, notwithstanding section 640 of such Act:
(1) $123,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall not
be construed as an authority or condition under this Act;
(2) <<NOTE: Allocations.>> $25,000,000 shall be available
for allocation by the Secretary to supplement activities
described in paragraphs (7)(B) and (9) of section 641(c) of the
Head Start Act under the Designation Renewal System, established
under the authority of sections 641(c)(7), 645A(b)(12), and
645A(d) of such Act, and such funds shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act;
(3) $10,000,000 shall be available to migrant and seasonal
Head Start programs, in addition to funds made available for
migrant and seasonal Head Start programs under section 640(a) of
the Head Start Act, for the purposes of quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in such
section 640(a)(5): Provided further, That funds derived from a
migrant and seasonal Head Start program held by
[[Page 134 STAT. 1584]]
the Secretary as a result of recapturing, withholding, or
reducing a base grant that were unable to be redistributed
consistent with section 641A(h)(6)(A)(ii) of such Act shall be
added to the amount in this paragraph;
(4) $4,000,000 shall be available for the purposes of
maintaining the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such Act;
and
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $275,000,000 shall be
available until December 31, 2021 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under such
section 9212: Provided further, That $775,383,000 shall be for making
payments under the CSBG Act: Provided further, That $30,383,000 shall
be for section 680 of the CSBG Act, of which not less than $20,383,000
shall be for section 680(a)(2) and not less than $10,000,000 shall be
for section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the extent
Community Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under such Act, and have not
been expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further,
That <<NOTE: Procedures. Time period. 42 USC 9921 note.>> the Secretary
shall establish procedures regarding the disposition of intangible
assets and program income that permit such assets acquired with, and
program income derived from, grant funds authorized under section 680 of
the CSBG Act to become the sole property of such grantees after a period
of not more than 12 years after the end of the grant period for any
activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That <<NOTE: 42 USC 9921 note.>> intangible assets in the form
of loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further,
That <<NOTE: Applicability. 42 USC 9921 note.>> these procedures shall
apply to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enterprises
owned by community development corporations: Provided further, That
$182,500,000 shall be for carrying out section 303(a) of the Family
Violence Prevention and Services Act, of which $7,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for carrying out
section 309 of such Act: Provided further, That the percentages
specified in section 112(a)(2) of the Child Abuse Prevention and
Treatment Act shall not apply to funds appropriated under this heading:
Provided further, That $1,864,000 shall be for a human services case
management system for federally declared disasters, to include a
comprehensive national case management contract and Federal costs of
administering the
[[Page 134 STAT. 1585]]
system: Provided further, That up to $2,000,000 shall be for improving
the Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $82,515,000: Provided,
That <<NOTE: Allocations.>> of the funds available to carry out section
437, $59,765,000 shall be allocated consistent with subsections (b)
through (d) of such section: Provided further, That of the funds
available to carry out section 437, to assist in meeting the
requirements described in section 471(e)(4)(C), $20,000,000 shall be for
grants to each State, territory, and Indian tribe operating title IV-E
plans for developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act and $2,750,000,
in addition to funds otherwise appropriated in section 476 for such
purposes, shall be for the Family First Clearinghouse: Provided
further, That <<NOTE: Applicability.>> section 437(b)(1) shall be
applied to amounts in the previous proviso by substituting ``5 percent''
for ``3.3 percent'', and notwithstanding section 436(b)(1), such
reserved amounts may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in section
471(e)(4)(C): Provided further, That the reservation in section
437(b)(2) and the limitations in section 437(d) shall not apply to funds
specified in the second proviso: Provided further, That the minimum
grant award for kinship navigator programs in the case of States and
territories shall be $200,000, and, in the case of tribes, shall be
$25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $7,012,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2022,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote
[[Page 134 STAT. 1586]]
Act of 2002, the Assistive Technology Act of 1998, titles II and VII
(and section 14 with respect to such titles) of the Rehabilitation Act
of 1973, and for Department-wide coordination of policy and program
activities that assist individuals with disabilities, $2,206,000,000,
together with $52,115,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund to carry out section 4360 of the Omnibus Budget
Reconciliation Act of 1990: Provided, That amounts appropriated under
this heading may be used for grants to States under section 361 of the
OAA only for disease prevention and health promotion programs and
activities which have been demonstrated through rigorous evaluation to
be evidence-based and effective: Provided further, That of amounts made
available under this heading to carry out sections 311, 331, and 336 of
the OAA, up to one percent of such amounts shall be available for
developing and implementing evidence-based practices for enhancing
senior nutrition, including medically-tailored meals: Provided further,
That notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the OAA may be
transferred to the Secretary of Agriculture in accordance with such
section: Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-interest loan
fund; an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That applicants
shall provide an assurance that, and information describing the manner
in which, the alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State agencies and
community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to compete:
Provided further, That <<NOTE: Notice. Deadline.>> none of the funds
made available under this heading may be used by an eligible system (as
defined in section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
to a mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise such
rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State or subject
to public guardianship.
[[Page 134 STAT. 1587]]
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $485,794,000,
together with $64,828,000 from the amounts available under section 241
of the PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount, $55,400,000
shall be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal
costs associated with administering and evaluating such contracts and
grants, of which not more than 10 percent of the available funds shall
be for training and technical assistance, evaluation, outreach, and
additional program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage pregnancy,
behavioral risk factors underlying teenage pregnancy, or other
associated risk factors, and 25 percent shall be available for research
and demonstration grants to develop, replicate, refine, and test
additional models and innovative strategies for preventing teenage
pregnancy: Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS Act,
$6,800,000 shall be available to carry out evaluations (including
longitudinal evaluations) of teenage pregnancy prevention approaches:
Provided further, That <<NOTE: Sexual risk avoidance.>> of the funds
made available under this heading, $35,000,000 shall be for making
competitive grants which exclusively implement education in sexual risk
avoidance (defined as voluntarily refraining from non-marital sexual
activity): Provided further, That funding for such competitive grants
for sexual risk avoidance shall use medically accurate information
referenced to peer-reviewed publications by educational, scientific,
governmental, or health organizations; implement an evidence-based
approach integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the intended
audience; and teach the benefits associated with self-regulation,
success sequencing for poverty prevention, healthy relationships, goal
setting, and resisting sexual coercion, dating violence, and other youth
risk behaviors such as underage drinking or illicit drug use without
normalizing teen sexual activity: Provided further, That no more than
10 percent of the funding for such competitive grants for sexual risk
avoidance shall be available for technical assistance and administrative
costs of such programs: Provided further, That <<NOTE: Embryo
adoption.>> funds provided in this Act for embryo adoption activities
may be used to provide to individuals adopting embryos, through grants
and other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such services
shall be provided consistent with 42 CFR 59.5(a)(4): Provided further,
That of the funds made available under this heading, $5,000,000 shall be
for carrying
[[Page 134 STAT. 1588]]
out prize competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and treatment of
kidney diseases (as authorized by section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $191,881,000 shall remain available until
September 30, 2022, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $62,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights, $38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health
emergencies, $1,085,458,000, of which $596,700,000 shall remain
available through September 30, 2022, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security countermeasures
shall be in addition to
[[Page 134 STAT. 1589]]
any other funds available for such purpose: Provided further, That
products purchased with funds provided under this heading may, at the
discretion of the Secretary, be deposited in the Strategic National
Stockpile pursuant to section 319F-2 of the PHS Act: Provided further,
That $5,000,000 of the amounts made available to support emergency
operations shall remain available through September 30, 2023.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $770,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $287,000,000; of which $252,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be used
to pay the salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level II: Provided, That
none of the funds appropriated in this title shall be used to prevent
the NIH from paying up to 100 percent of the salary of an individual at
this rate.
Sec. 203. None <<NOTE: Reports.>> of the funds appropriated in
this Act may be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding <<NOTE: Determination. Evaluation.>>
section 241(a) of the PHS Act, such portion as the Secretary shall
determine, but not more than 2.5 percent, of any amounts appropriated
for programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or
[[Page 134 STAT. 1590]]
to fund any project or activity for which no funds are provided in this
Act: Provided further, That <<NOTE: Notification. Time period.>> the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 206. In <<NOTE: Time period. Contracts.>> lieu of the
timeframe specified in section 338E(c)(2) of the PHS Act, terminations
described in such section may occur up to 60 days after the effective
date of a contract awarded in fiscal year 2021 under section 338B of
such Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. None <<NOTE: Certification. Family planning. Children and
youth.>> of the funds appropriated in this Act may be made available to
any entity under title X of the PHS Act unless the applicant for the
award certifies to the Secretary that it encourages family participation
in the decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 208. Notwithstanding <<NOTE: Child abuse.>> any other
provision of law, no provider of services under title X of the PHS Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.
Sec. 209. <<NOTE: Abortion.>> None of the funds appropriated by
this Act (including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary denies
participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the expected
costs of providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None <<NOTE: Gun control.>> of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.
Sec. 211. The <<NOTE: Government employees. Children and
youth. AIDS.>> Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad during fiscal
year 2021:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956.
The <<NOTE: Consultation.>> Secretary shall consult with the
Secretary of State and relevant Chief of Mission to ensure that
the authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
and other applicable statutes administered by the Department of
State.
[[Page 134 STAT. 1591]]
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. <<NOTE: Compliance.>> The Department
of State shall cooperate fully with the Secretary to ensure that
HHS has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The <<NOTE: Consultation. Grants. Contracts.>>
Secretary is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make available
to public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel
under section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, That <<NOTE: Notification. Time period.>> the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of <<NOTE: Determination.>> the amounts made available
in this Act for NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of NIH and
the Director of the Office of AIDS Research, shall be made available to
the ``Office of AIDS Research'' account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry
[[Page 134 STAT. 1592]]
out research identified pursuant to or research and activities described
in such section 402(b)(12).
(b) <<NOTE: Procedures. Consultation. Assessments.>> Peer Review.--
In entering into transactions under subsection (a), the Director may
utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. <<NOTE: Applicability.>> Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) <<NOTE: Contracts.>> The Biomedical Advanced Research
and Development Authority (``BARDA'') may enter into a contract, for
more than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) <<NOTE: Determination.>> the Secretary determines that
a multi-year contract will serve the best interests of the
Federal Government by encouraging full and open competition or
promoting economy in administration, performance, and operation
of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. (a) <<NOTE: Publication. Web posting.>> The Secretary
shall publish in the fiscal year 2022 budget justification and on
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying out the
provisions of the
[[Page 134 STAT. 1593]]
ACA, and the amendments made by that Act, in the proposed fiscal year
and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and
the amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. <<NOTE: Publication.>> The Secretary shall publish, as
part of the fiscal year 2022 budget of the President submitted under
section 1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare &
Medicaid Services specifically for Health Insurance Exchanges for each
fiscal year since the enactment of the ACA and the proposed uses for
such funds for fiscal year 2022. Such information shall include, for
each such fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange Transparency''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) <<NOTE: Deadline.>> Within 45 days of enactment of
this Act, the Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts specified, and
for the activities specified under the heading ``Prevention and Public
Health Fund'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
[[Page 134 STAT. 1594]]
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. <<NOTE: Time period.>> Effective during the period
beginning on November 1, 2015 and ending January 1, 2023, any provision
of law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary
involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. <<NOTE: Applicability.>> In making Federal financial
assistance, the provisions relating to indirect costs in part 75 of
title 45, Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to apply to
the National Institutes of Health to the same extent and in the same
manner as such provisions were applied in the third quarter of fiscal
year 2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human Services
or to any department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect of such
approvals in such quarter.
(transfer of funds)
Sec. 225. <<NOTE: Drugs and drug abuse. Time
period. Notification.>> The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the previous
proviso is in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) <<NOTE: Notification.>> Notification of any new or
competitive grant awards, including supplements, authorized
under section 330 of the Public Health Service Act.
(b) <<NOTE: Notification. Time period.>> The Committees on
Appropriations of the House and Senate must be notified at least 2
business days in advance of any public release of enrollment information
or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up
[[Page 134 STAT. 1595]]
to $305,000,000 to such account from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to
support program management activity related to the Medicare Program:
Provided, That except for the foregoing purpose, such funds may not be
used to support any provision of Public Law 111-148 or Public Law 111-
152 (or any amendment made by either such Public Law) or to supplant any
other amounts within such account.
Sec. 228. <<NOTE: Reports.>> The Department of Health and Human
Services shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and Human
Services shall also be available to pay travel and related expenses of
such an employee or of a member of his or her family, when such employee
is assigned to duty, in the United States or in a U.S. territory, during
a period and in a location that are the subject of a determination of a
public health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately addressed in that
location at that time. For <<NOTE: Definition. Territories.>> purposes
of this section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The <<NOTE: Donations.>> Department of Health and Human
Services may accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal Government
for the care of unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in
the care of the Office of Refugee Resettlement of the Administration for
Children and Families, including medical goods and services, which may
include early childhood developmental screenings, school supplies, toys,
clothing, and any other items intended to promote the wellbeing of such
children.
Sec. 231. <<NOTE: Aliens. Children and youth.>> (a) None of the
funds provided by this or any prior appropriations Act may be used to
reverse changes in procedures made by operational directives issued to
providers by the Office of Refugee Resettlement on December 18, 2018,
March 23, 2019, and June 10, 2019 regarding the Memorandum of Agreement
on Information Sharing executed April 13, 2018.
(b) <<NOTE: Determination.>> Notwithstanding subsection (a), the
Secretary may make changes to such operational directives upon making a
determination that such changes are necessary to prevent unaccompanied
alien children from being placed in danger, and the Secretary shall
provide a written justification to Congress and the Inspector General of
the Department of Health and Human Services in advance of implementing
such changes.
(c) <<NOTE: Deadline. Assessment.>> Within 15 days of the
Secretary's communication of the justification, the Inspector General of
the Department of Health and Human Services shall provide an assessment,
in writing, to the Secretary and to the Committees on Appropriations of
the House of Representatives and the Senate of whether such changes
[[Page 134 STAT. 1596]]
to operational directives are necessary to prevent unaccompanied
children from being placed in danger.
Sec. 232. None <<NOTE: Aliens. Children and
youth. Determination. Time periods.>> of the funds made available in
this Act under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to house
unaccompanied alien children (as such term is defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in
any facility that is not State-licensed for the care of unaccompanied
alien children, except in the case that the Secretary determines that
housing unaccompanied alien children in such a facility is necessary on
a temporary basis due to an influx of such children or an emergency,
provided that--
(1) <<NOTE: Requirements. Compliance.>> the terms of the
grant or contract for the operations of any such facility that
remains in operation for more than six consecutive months shall
require compliance with--
(A) <<NOTE: Determination.>> the same requirements
as licensed placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) <<NOTE: Waiver authority. Certification. Reports.>> the
Secretary may grant a 60-day waiver for a contractor's or
grantee's non-compliance with paragraph (1) if the Secretary
certifies and provides a report to Congress on the contractor's
or grantee's good-faith efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three months
of operation, with quarterly monitoring visits thereafter; and
(6) <<NOTE: Deadline. Briefing.>> not later than 60 days
after the date of enactment of this Act, ORR shall brief the
Committees on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in paragraph (1)(A)
that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 233. In <<NOTE: Notification. Time
periods. Analysis. Aliens. Children and youth. 6 USC 279 note.>>
addition to the existing Congressional notification for formal site
assessments of potential influx facilities, the Secretary shall notify
the Committees on Appropriations of the House of Representatives and the
Senate at least 15 days before operationalizing an unlicensed facility,
and shall (1) specify whether the facility is hard-sided or soft-sided,
and (2) provide analysis that indicates that, in the absence of the
influx facility, the likely outcome is that unaccompanied alien children
will remain in the custody of the Department of Homeland Security for
longer than
[[Page 134 STAT. 1597]]
72 hours or that unaccompanied alien children will be otherwise placed
in danger. Within <<NOTE: Reports.>> 60 days of bringing such a
facility online, and monthly thereafter, the Secretary shall provide to
the Committees on Appropriations of the House of Representatives and the
Senate a report detailing the total number of children in care at the
facility, the average length of stay and average length of care of
children at the facility, and, for any child that has been at the
facility for more than 60 days, their length of stay and reason for
delay in release.
Sec. 234. None <<NOTE: Congress. Aliens. Children and youth. Time
period.>> of the funds made available in this Act may be used to
prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has coordinated
the oversight visit with the Office of Refugee Resettlement not less
than two business days in advance to ensure that such visit would not
interfere with the operations (including child welfare and child safety
operations) of such facility.
Sec. 235. Not <<NOTE: Public information. Web
posting. Reports. Aliens. Children and youth. 6 USC 279 note.>> later
than 14 days after the date of enactment of this Act, and monthly
thereafter, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, and make
publicly available online, a report with respect to children who were
separated from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such separation
was pursuant to an option selected by the children, parents, or
guardians), subsequently classified as unaccompanied alien children, and
transferred to the care and custody of ORR during the previous month.
Each report shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 236. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in fiscal year 2021
in the ``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $225,000,000, in addition to any funds
otherwise made available for such purposes in this, prior, or subsequent
fiscal years, shall be available during the period of availability of
the Fund for the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of real
property.
[[Page 134 STAT. 1598]]
(rescission)
Sec. 238. Of <<NOTE: Deadline.>> the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $375,000,000 are hereby rescinded not later than
September 30, 2021.
Sec. 239. <<NOTE: Federal buildings and facilities.>> (a) The
Chamblee Research Support Building (Building 108) at the Centers for
Disease Control and Prevention is hereby renamed as the Johnny Isakson
Public Health Research Building.
(b) Section 238 of division A of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) <<NOTE: 133 Stat. 2586.>>
is amended by inserting ``during the period of availability of the
Fund'' after ``shall be available'' and by inserting ``moving
expenses,'' after ``renovation of facilities,''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2021''.
TITLE <<NOTE: Department of Education Appropriations Act, 2021.>> III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $17,226,790,000, of which
$6,306,490,000 shall become available on July 1, 2021, and shall remain
available through September 30, 2022, and of which $10,841,177,000 shall
become available on October 1, 2021, and shall remain available through
September 30, 2022, for academic year 2021-2022: Provided, That
$6,459,401,000 shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2020, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided further,
That $4,357,550,000 shall be for targeted grants under section 1125 of
the ESEA: Provided further, That $4,357,550,000 shall be for education
finance incentive grants under section 1125A of the ESEA: Provided
further, That $220,000,000 shall be for carrying out subpart 2 of part B
of title II: Provided further, That $46,123,000 shall be for carrying
out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,501,112,000, of
which $1,354,242,000 shall be for basic support payments under section
7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000, to remain available
through September 30, 2022, shall be for construction under section
7007(b), $76,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008:
[[Page 134 STAT. 1599]]
Provided, That for purposes of computing the amount of a payment for an
eligible local educational agency under section 7003(a) for school year
2020-2021, children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(a)(1)(B) of such
Act, but due to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on active duty
(so long as such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such section, shall
be considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the same
local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,444,217,000, of which $3,613,652,000 shall become available on July
1, 2021, and remain available through September 30, 2022, and of which
$1,681,441,000 shall become available on October 1, 2021, and shall
remain available through September 30, 2022, for academic year 2021-
2022: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,259,673,000 shall be for part B of title IV:
Provided further, That <<NOTE: Applicability.>> $37,397,000 shall be
for part B of title VI, which may be used for construction, renovation,
and modernization of any public elementary school, secondary school, or
structure related to a public elementary school or secondary school that
serves a predominantly Native Hawaiian student body, and that the 5
percent limitation in section 6205(b) of the ESEA on the use of funds
for administrative purposes shall apply only to direct administrative
costs: Provided further, That <<NOTE: Applicability.>> $36,453,000
shall be for part C of title VI, which shall be awarded on a competitive
basis, and may be used for construction, and that the 5 percent
limitation in section 6305 of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, That $52,000,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002 and the
Secretary shall make such arrangements as determined to be necessary to
ensure that the Bureau of Indian Education has access to services
provided under this section: Provided further, That $16,699,000 shall
be available to carry out the Supplemental Education Grants program for
the Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to provide
technical assistance in the implementation of these grants: Provided
further, That $187,840,000 shall be for part B of title V: Provided
further, That $1,220,000,000 shall be available for grants under subpart
1 of part A of title IV.
[[Page 134 STAT. 1600]]
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $181,239,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $7,865,000
shall be for subpart 3 of part A of title VI: Provided,
That <<NOTE: Applicability.>> the 5 percent limitation in sections
6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
of title IV of the ESEA, $1,114,250,000: Provided, That $285,250,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $635,000,000 shall be for parts C, D, and E and subpart 4
of part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for part
C of title IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use $60,000,000 to carry out section
4304, of which not more than $10,000,000 shall be available to carry out
section 4304(k), $140,000,000, to remain available through March 31,
2022, to carry out section 4305(b), and not more than $15,000,000 to
carry out the activities in section 4305(a)(3): Provided further,
That <<NOTE: Extension.>> notwithstanding section 4601(b), $194,000,000
shall be available through December 31, 2021 for subpart 1 of part F of
title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $217,000,000: Provided, That $106,000,000
shall be available for section 4631, of which up to $5,000,000, to
remain available until expended, shall be for the Project School
Emergency Response to Violence (Project SERV) program: Provided
further, That $30,000,000 shall be available for section 4625: Provided
further, That $81,000,000 shall be available through December 31, 2021,
for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $797,400,000,
which shall become available on July 1, 2021, and shall remain available
through September 30, 2022, except that 6.5 percent of such amount shall
be available on October 1, 2020, and shall remain available through
September 30, 2022, to carry out activities under section 3111(c)(1)(C).
Special <<NOTE: State and local governments.>> Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$14,070,743,000, of which $4,533,544,000 shall become available on July
1, 2021, and shall remain available through
[[Page 134 STAT. 1601]]
September 30, 2022, and of which $9,283,383,000 shall become available
on October 1, 2021, and shall remain available through September 30,
2022, for academic year 2021-2022: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of the amount
available for that activity during fiscal year 2020, increased by the
amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percent change in the funds appropriated under section 611(i) of the
IDEA, but not less than the amount for that activity during fiscal year
2020: Provided further, That the Secretary shall, without regard to
section 611(d) of the IDEA, distribute to all other States (as that term
is defined in section 611(g)(2)), subject to the third proviso, any
amount by which a State's allocation under section 611, from funds
appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States'
relative populations of children aged 3 through 21 who are of the same
age as children with disabilities for whom the State ensures the
availability of a free appropriate public education under this part, and
15 percent to States on the basis of the States' relative populations of
those children who are living in poverty: Provided further, That the
Secretary may not distribute any funds under the previous proviso to any
State whose reduction in allocation from funds appropriated under this
heading made funds available for such a distribution: Provided further,
That the States shall allocate such funds distributed under the second
proviso to local educational agencies in accordance with section 611(f):
Provided further, That <<NOTE: 20 USC 1411 note.>> the amount by which
a State's allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States under the
previous provisos in fiscal year 2012 or any subsequent year shall not
be considered in calculating the awards under section 611(d) for fiscal
year 2013 or for any subsequent fiscal years: Provided further,
That, <<NOTE: Applicability. Time period.>> notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to comply
with the requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed 5, until the entire reduction is
applied: Provided further, That <<NOTE: 20 USC 1411 note.>> the
Secretary may, in any fiscal year in which a State's allocation under
section 611 is reduced in accordance with section 612(a)(18)(B), reduce
the amount a State may reserve under section 611(e)(1) by an amount that
bears the same relation to the maximum amount described in that
paragraph as the reduction under section 612(a)(18)(B) bears to the
total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided further,
That <<NOTE: 20 USC 1411 note.>> the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year following the
fiscal year for which the State fails to comply with the requirement of
section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to
recover funds under section 452 of the General Education Provisions Act
(20 U.S.C. 1234a): Provided further, That the funds reserved under
611(c) of the IDEA may be used to provide technical assistance to States
to improve the capacity of the States to meet the data collection
requirements of sections 616 and 618 and to administer and carry out
other services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided
[[Page 134 STAT. 1602]]
further, That <<NOTE: Evaluation.>> the Secretary may use funds made
available for the State Personnel Development Grants program under part
D, subpart 1 of IDEA to evaluate program performance under such subpart:
Provided further, That <<NOTE: Grants.>> States may use funds reserved
for other State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies, institutions
of higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, <<NOTE: Grants.>> notwithstanding section
643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant
to section 643(e) of such Act, the Secretary shall provide a grant to
each State in an amount equal to the maximum amount described in section
643(e)(2)(B) of such Act: Provided further, That if more than 5 States
apply for grants pursuant to section 643(e) of the IDEA, the Secretary
shall award funds to those States on the basis of the States' relative
populations of infants and toddlers except that no such State shall
receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may use funds
allotted under section 643(c) of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out activities
authorized by section 638 of IDEA.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,814,220,000, of which $3,675,021,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities: Provided further, That <<NOTE: Grants.>> States may
award subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at improving
the outcomes of individuals with disabilities shall remain available
until September 30, 2022.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $34,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $81,500,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
[[Page 134 STAT. 1603]]
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$140,361,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and
the Adult Education and Family Literacy Act (``AEFLA''), $2,030,936,000,
of which $1,239,936,000 shall become available on July 1, 2021, and
shall remain available through September 30, 2022, and of which
$791,000,000 shall become available on October 1, 2021, and shall remain
available through September 30, 2022: Provided, That of the amounts
made available for AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,545,352,000 which shall remain available
through September 30, 2022.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2021-2022 shall be $5,435.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,853,943,000, to remain available through
September 30, 2022: Provided, That <<NOTE: Allocations.>> the
Secretary shall allocate new student loan borrower accounts to eligible
student loan servicers on the basis of their past performance compared
to all loan servicers utilizing established common metrics, and on the
basis of the capacity of each servicer to process new and existing
accounts: Provided further, That <<NOTE: 20 USC 1087f note.>> for
student loan contracts awarded prior to October 1, 2017, the Secretary
shall allow student loan borrowers who are consolidating Federal student
loans to select from any student loan servicer to service their new
consolidated student loan: Provided further,
That <<NOTE: Allocations.>> in order to promote accountability and
high-quality service to borrowers, the Secretary shall not award funding
for any contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further,
That <<NOTE: Allocations.>> the Department shall re-allocate accounts
from servicers for recurring non-
[[Page 134 STAT. 1604]]
compliance with FSA guidelines, contractual requirements, and applicable
laws, including for failure to sufficiently inform borrowers of
available repayment options: Provided further,
That <<NOTE: Evaluations.>> such servicers shall be evaluated based on
their ability to meet contract requirements (including an understanding
of Federal and State law), future performance on the contracts, and
history of compliance with applicable consumer protections laws:
Provided further, That <<NOTE: Contracts.>> to the extent FSA permits
student loan servicing subcontracting, FSA shall hold prime contractors
accountable for meeting the requirements of the contract, and the
performance and expectations of subcontractors shall be accounted for in
the prime contract and in the overall performance of the prime
contractor: Provided further, That FSA shall ensure that the Next
Generation Processing and Servicing Environment, or any new Federal loan
servicing environment, incentivize more support to borrowers at risk of
delinquency or default: Provided further, That FSA shall ensure that in
such environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held accountable for
and have a history of compliance with applicable consumer protection
laws; and have relevant experience and demonstrated effectiveness:
Provided further, That <<NOTE: Time period. Briefings.>> the Secretary
shall provide quarterly briefings to the Committees on Appropriations
and Education and Labor of the House of Representatives and the
Committees on Appropriations and Health, Education, Labor, and Pensions
of the Senate on general progress related to solicitations for Federal
student loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of aggregate data
on student loan and servicer performance: Provided further,
That <<NOTE: Deadline. Spend plan. Time period. Updates.>> not later
than 60 days after enactment of this Act, FSA shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan of anticipated uses of funds made available
in this account for fiscal year 2021 and provide quarterly updates on
this plan (including contracts awarded, change orders, bonuses paid to
staff, reorganization costs, and any other activity carried out using
amounts provided under this heading for fiscal year 2021): Provided
further, That the FSA Next Generation Processing and Servicing
Environment, or any new Federal student loan servicing environment,
shall include accountability measures that account for the performance
of the portfolio and contractor compliance with FSA guidelines:
Provided further, That, <<NOTE: Suspension. Time period.>> due to
concerns with the transfer of borrower accounts and to allow appropriate
time for review of the risks of current contracting plans, FSA shall
suspend awarding of any contract for the Interim Servicing Solution
(ISS) Solicitation (Solicitation No. 91003120R0018) for a period of not
less than 90 days after enactment of this Act: Provided further, That
FSA may not award funding for any contract under such ISS Solicitation
unless Business Process Operations (BPO) Contractors are, as borrower
accounts are migrated to ISS, immediately responsible for all contact
center and back-office processing, as described in BPO Solicitation No.
91003119R0008, necessary to deliver all such servicing requirements for
accounts that have been migrated to ISS: Provided further,
That <<NOTE: Extension. Time period.>> notwithstanding the requirements
of the Federal Property and Administration Services Act of 1949, 41
U.S.C. 3101 et. seq, as amended; parts 6, 16, and 37 of title 48, Code
of Federal Regulations; or any other procurement limitation on the
period of performance, the Secretary may extend the period of
performance
[[Page 134 STAT. 1605]]
for any contract under section 456 of the HEA for servicing activities
scheduled to expire on December 14, 2021, or March 30, 2022, as
applicable, for up to two additional years from the date of expiration.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$2,541,661,000, of which $96,000,000 shall remain available through
December 31, 2021: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of title
IV of the HEA may be used for evaluation: Provided further, That
section 313(d) of the HEA shall not apply to an institution of higher
education that is eligible to receive funding under section 318 of the
HEA.
Howard University
For partial support of Howard University, $251,018,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $435,000.
Historically <<NOTE: Loans.>> Black College and University Capital
Financing Program Account
For the cost of guaranteed loans, $22,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2022: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $278,266,000: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
[[Page 134 STAT. 1606]]
In addition, $16,000,000, to remain available through September 30,
2022, shall be made available to provide for the deferment of loans made
under part D of title III of the HEA to eligible institutions that are
private Historically Black Colleges and Universities, which apply for
the deferment of such a loan and demonstrate financial need for such
deferment by having a score of 2.6 or less on the Department of
Education's financial responsibility test: Provided, That the loan has
not been paid in full and is not paid in full during the period of
deferment: Provided further, That <<NOTE: Time period.>> during the
period of deferment of such a loan, interest on the loan will not accrue
or be capitalized, and the period of deferment shall be for at least a
period of 3-fiscal years and not more than 6-fiscal years: Provided
further, That funds available under this paragraph shall be used to fund
eligible deferment requests submitted for this purpose in fiscal year
2018: Provided further, That <<NOTE: Outreach plan.>> the Secretary
shall create and execute an outreach plan to work with States and the
Capital Financing Advisory Board to improve outreach to States and help
additional public Historically Black Colleges and Universities
participate in the program.
In <<NOTE: Determination.>> addition, $10,000,000, to remain
available through September 30, 2022, shall be made available to provide
for the deferment of loans made under part D of title III of the HEA to
eligible institutions that are public Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment, which shall be determined
by the Secretary of Education based on factors including, but not
limited to, equal to or greater than 5 percent of the school's operating
revenue relative to its annual debt service payment: Provided,
That <<NOTE: Time period.>> during the period of deferment of such a
loan, interest on the loan will not accrue or be capitalized, and the
period of deferment shall be for at least a period of 3-fiscal years and
not more than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $642,462,000, which shall remain available through
September 30, 2022: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical Assistance Act may
be used for awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and use at the
local, State, and national levels.
[[Page 134 STAT. 1607]]
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $430,000,000: Provided, That, notwithstanding any other
provision of law, none of the funds provided by this Act or provided by
previous Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may be used for
any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the Budget
Service of the Department of Education, relative to the organization and
operation of the Budget Service as in effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $131,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $63,000,000, of which $2,000,000 shall remain available until
expended.
General Provisions
Sec. 301. No <<NOTE: Voluntary prayer. Meditation.>> funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That <<NOTE: Notification. Time period.>> the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 303. Funds <<NOTE: Time period.>> appropriated in this Act and
consolidated for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2021, through September 30, 2022.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2021 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such
[[Page 134 STAT. 1608]]
income for such purposes, prior to the enactment of this Act, shall be
considered to have been an allowable use of that income, subject to that
limitation.
(b) <<NOTE: Time period.>> Subsection (a) shall be in effect until
titles III and V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
by striking ``2020'' and inserting ``2021''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
in paragraph (4) by striking ``2020'' and inserting ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for student
loan servicing to an institution of higher education that services
outstanding Federal Perkins Loans under part E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A of
title IV of the HEA, $500,000,000 are hereby rescinded.
(rescission)
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, $28,000,000 are hereby
rescinded.
Sec. 310. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such Act
(20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the Secretary
shall specifically conduct outreach to assist borrowers who would
qualify for loan cancellation under section 455(m) of such Act except
that the borrower has made some, or all, of the 120 required payments
under a repayment plan that is not described under section 455(m)(A) of
such Act, to encourage borrowers to enroll in a qualifying repayment
plan: Provided further, That <<NOTE: Website.>> the Secretary shall
also communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 311. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $50,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary of
Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)),
for borrowers of loans made under part D of title IV of such Act who
would qualify
[[Page 134 STAT. 1609]]
for loan cancellation under section 455(m) except some, or all, of the
120 required payments under section 455(m)(1)(A) do not qualify for
purposes of the program because they were monthly payments made in
accordance with graduated or extended repayment plans as described under
subparagraph (B) or (C) of section 455(d)(1) or the corresponding
repayment plan for a consolidation loan made under section 455(g) and
that were less than the amount calculated under section 455(d)(1)(A),
based on a 10-year repayment period: Provided, That <<NOTE: Time
periods.>> the monthly payment made 12 months before the borrower
applied for loan cancellation as described in the matter preceding this
proviso and the most recent monthly payment made by the borrower at the
time of such application were each not less than the monthly amount that
would be calculated under, and for which the borrower would otherwise
qualify for, clause (i) or (iv) of section 455(m)(1)(A) regarding
income-based or income-contingent repayment plans, with exception for a
borrower who would have otherwise been eligible under this section but
demonstrates an unusual fluctuation of income over the past 5 years:
Provided further, That the total loan volume, including outstanding
principal, fees, capitalized interest, or accrued interest, at
application that is eligible for such loan cancellation by such
borrowers shall not exceed $75,000,000: Provided further,
That <<NOTE: Deadline.>> the Secretary shall develop and make available
a simple method for borrowers to apply for loan cancellation under this
section within 60 days of enactment of this Act: Provided further, That
the Secretary shall provide loan cancellation under this section to
eligible borrowers on a first-come, first-serve basis, based on the date
of application and subject to both the limitation on total loan volume
at application for such loan cancellation specified in the second
proviso and the availability of appropriations under this section:
Provided further, That no borrower may, for the same service, receive a
reduction of loan obligations under both this section and section 428J,
428K, 428L, or 460 of such Act.
Sec. 312. None of the funds made available by this Act may be used
in contravention of section 203 of the Department of Education
Organization Act (20 U.S.C. 3413).
(including transfer of funds)
Sec. 313. <<NOTE: 20 USC 3483a.>> There is hereby established in the
Treasury of the United States a fund to be known as the ``Department of
Education Nonrecurring Expenses Fund'' (the Fund): Provided,
That <<NOTE: Deadline.>> unobligated balances of expired discretionary
funds appropriated for this or any succeeding fiscal year from the
General Fund of the Treasury to the Department of Education by this or
any other Act may be transferred (not later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated) into the Fund:
Provided further, That <<NOTE: Approval.>> amounts deposited in the
Fund shall be available until expended, and in addition to such other
funds as may be available for such purposes, for information and
business technology system modernization and facilities infrastructure
improvements necessary for the operation of the Department, subject to
approval by the Office of Management and Budget: Provided further,
That <<NOTE: Notification. Time period.>> amounts in the Fund may be
obligated only after the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in advance
of the specific information and
[[Page 134 STAT. 1610]]
business technology system modernization project or facility
infrastructure improvement obligations planned for such amounts.
Sec. 314. (a) The General Education Provisions Act (20 U.S.C. 1221
et seq.) <<NOTE: 20 USC 1228.>> is amended by striking section 426.
(b) Paragraph (9) of section 4407(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7231f(a)) is amended by striking
``notwithstanding section 426 of the General Education Provisions Act
(20 U.S.C. 1228),''.
Sec. 315. Section 2101(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6611(b)) is amended--(1) in paragraph (2)(A)(iv),
by inserting ``through fiscal year 2022'' after ``fiscal year 2020'';
and (2) in paragraph (3), by striking ``2021'' both places it appears
and inserting ``2023'' in its place.
rural and low-income school program adjustments
Sec. 316. <<NOTE: Grants. 20 USC 7351 note.>> (a) Hold Harmless.--
For the purpose of making awards under section 5221 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year
during the period described in subsection (c), the Secretary of
Education and each State educational agency shall treat as eligible to
receive a grant under such section--
(1) any local educational agency that meets the eligibility
requirements described in section 5221(b)(1) of such Act for
such fiscal year, in accordance with subsection (d); and
(2) notwithstanding such section 5221(b)(1), any local
educational agency that does not meet the eligibility
requirements described in such section for such fiscal year if--
(A) the local educational agency received a grant
under section 5221 of such Act for fiscal year 2019;
(B) for fiscal year 2019, less than 20 percent of
the children ages 5 through 17 years served by the local
educational agency were from families with incomes below
the poverty line, as determined by data from the Small
Area Income and Poverty Estimates of the Bureau of the
Census;
(C) the award for fiscal year 2019 was based on
alternative poverty data submitted by the State to the
Secretary despite data being available from the Small
Area Income and Poverty Estimates of the Bureau of the
Census; and
(D) the local educational agency meets the
eligibility criteria described in section
5221(b)(1)(A)(ii) of such Act, or has obtained a waiver
under section 5221(b)(2) of such Act, for the fiscal
year for which the eligibility determination is being
made.
(b) Limitations.--
(1) Limits on local educational agency awards.--For the
purposes of making an award under section 5221(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7351(b)) to local educational agencies described in subsection
(a)(2) for a fiscal year during the period described in
subsection (c), a State educational agency shall provide an
award to each such local educational agency for such fiscal year
that is not larger than--
(A) for fiscal year 2021, 100 percent of the amount
such local educational agency received for fiscal year
2019;
[[Page 134 STAT. 1611]]
(B) for fiscal year 2022, 100 percent of the amount
such local educational agency received for fiscal year
2019;
(C) for fiscal year 2023, 83.33 percent of the
amount such local educational agency received for fiscal
year 2019;
(D) for fiscal year 2024, 66.67 percent of the
amount such local educational agency received for fiscal
year 2019;
(E) for fiscal year 2025, 50 percent of the amount
such local educational agency received for fiscal year
2019;
(F) for fiscal year 2026, 33.33 percent of the
amount such local educational agency received for fiscal
year 2019; and
(G) for fiscal year 2027, 16.67 percent of the
amount such local educational agency received for fiscal
year 2019.
(2) Adjustments to state allocations.--In determining grant
amounts for each State educational agency under section
5221(a)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7351(a)(2)) for each fiscal year during the period
described in subsection (c), the Secretary of Education shall
reduce the amount that the State educational agency would
otherwise receive by the combined amount of any reductions in
grant awards required under paragraph (1) for such year for the
local educational agencies described in subsection (a)(2) that
are served by the State educational agency.
(c) <<NOTE: Time period.>> Applicability.--Subsections (a) and (b)
shall be in effect during the period--
(1) <<NOTE: Effective date.>> beginning on the first day of
the fiscal year in which this Act is enacted; and
(2) <<NOTE: Termination date.>> ending on the earlier of--
(A) September 30, 2027; or
(B) the last day of the fiscal year in which an Act
that reauthorizes the rural and low-income school
program under subpart 2 of part B of title V of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7351 et seq.) is enacted.
(d) <<NOTE: Determinations.>> Use of Data Measures.--Except as
provided in subsection (a)(2), for the purpose of making awards under
section 5221 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7351) for any fiscal year--
(1) if data are available from the Small Area Income and
Poverty Estimates of the Bureau of the Census to determine a
local educational agency's enrollment of children from families
with incomes below the poverty line as described in section
5221(b)(1)(A)(i) of such Act, the Secretary of Education and
each State educational agency shall not use alternative poverty
data in determining such local educational agency's eligibility
under such section; and
(2) if data are not available from the Small Area Income and
Poverty Estimates of the Bureau of the Census to determine a
local educational agency's enrollment of children from families
with incomes below the poverty line as described in such section
5221(b)(1)(A)(i), the Secretary and the State educational agency
shall determine such local educational agency's eligibility
under such section using the same State-derived poverty data
used to determine local educational agency allocations under
part A of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.).
[[Page 134 STAT. 1612]]
Sec. 317. (a) <<NOTE: Waiver authority.>> In General.--For the
purpose of carrying out section 435(a)(2) of the Higher Education Act of
1965 (20 U.S.C. 1085(a)(2)), the Secretary of Education may waive the
requirements under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such
Act (20 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii)) for a
private non-profit institution of higher education--(1) that is an
Alaska Native-Serving Institution (as defined in section 317(A)(2) of
such Act (20 U.S.C. 1059d)) and a Native American-Serving Non-Tribal
Institution (as defined in section 319(b)(2) (20 U.S.C. 1059f)) whose
fall enrollment for the most recently completed academic year was
comprised of a majority of students who are Indian (as defined in such
section) or Alaska Native (as defined in section 317(b) of such Act (20
U.S.C. 1059d(b)) and who are eligible to receive the maximum award under
the Pell Grant program; or (2) whose fall enrollment for the most
recently completed academic year was comprised of a majority of the
students who are African American (as defined in section 322(2) of such
act (20 U.S.C. 1061(2)) and at least 50% or more received Federal Pell
Grant Funds.
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part A of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of
section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)).
(c) <<NOTE: Time period.>> Coverage.--This section shall be in
effect for the period covered by this Act and for the succeeding fiscal
year.
Sec. 318. <<NOTE: Grants.>> Of the amounts made available under the
heading ``Department of Education--Rehabilitation Services'' in title
III of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2020 (division A of
Public Law 116-94) that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation Act
of 1973 (Public Law 93-112), $20,000,000 shall be available to the
Secretary for one-time financial relief and restoration grants
consistent with the purposes of the Randolph-Sheppard Act as authorized
under section 10 of such Act (20 U.S.C. 107f): Provided, That the
Secretary shall use such funds to make grants to each State licensing
agency in the same proportion as the number of blind vendors operating a
vending facility in such State as compared to the number of blind
vendors operating a vending facility in all the States on September 30,
2019: Provided further, That the State licensing agency shall use these
grants to make financial relief and restoration payments to offset
losses of blind vendors that occurred during calendar year 2020, but
only to the extent that such losses are not otherwise compensated:
Provided further, That any funds in excess of the amount needed for
financial relief and restoration payments to blind vendors shall be used
by the State licensing agency for other purposes authorized by section
395.9 of title 34, Code of Federal Regulations, as in effect on the date
of enactment of this Act, and determined through active participation
with the State committee of blind vendors as required: Provided
further, That such funds shall remain available to the Secretary until
September 30, 2021.
This title may be cited as the ``Department of Education
Appropriations Act, 2021''.
[[Page 134 STAT. 1613]]
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $10,500,000: Provided, That <<NOTE: Contracts.>> in order to
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform requirements of the
Committee as prescribed under section 51-3.2 of title 41, Code of
Federal Regulations, the Committee shall enter into a written agreement
with any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $2,500,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $843,115,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $18,538,000 shall be available to provide
assistance to State commissions on national and community service, under
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (3) $33,500,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $6,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further,
That <<NOTE: Determination.>> for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
[[Page 134 STAT. 1614]]
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $185,000,000, to remain available until
expended: Provided, That <<NOTE: Determination. Notice.>> CNCS may
transfer additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of the 1990
Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without regard to
the requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $86,487,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,500,000.
administrative provisions
Sec. 401. <<NOTE: Notice. Public information.>> CNCS shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2021,
during any grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of CNCS that is authorized by CNCS to receive such
information.
Sec. 402. <<NOTE: Requirements. Time period. 42 USC 12571
note.>> AmeriCorps programs receiving grants under the National Service
Trust program shall meet an overall minimum share requirement of 24
percent for the first 3 years that they receive AmeriCorps funding, and
thereafter shall meet the overall minimum share requirement as provided
in section 2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section 121(e) or the
member support Federal share limitations in section 140 of the 1990 Act,
and subject to partial waiver consistent with section 2521.70 of title
45, Code of Federal Regulations.
Sec. 403. <<NOTE: Donations.>> Donations made to CNCS under section
196 of the 1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
[[Page 134 STAT. 1615]]
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. <<NOTE: Time period.>> Notwithstanding sections 139(b),
146 and 147 of the 1990 Act, an individual who successfully completes a
term of service of not less than 1,200 hours during a period of not more
than one year may receive a national service education award having a
value of 70 percent of the value of a national service education award
determined under section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2023, $475,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, That <<NOTE: Discrimination.>> none of the funds made
available to CPB by this Act shall be available or used to aid or
support any program or activity from which any person is excluded, or is
denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That <<NOTE: Political test.>> none of the funds made available to CPB
by this Act shall be used to apply any political test or qualification
in selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and <<NOTE: Fees.>> expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $48,600,000,
including up to $900,000 to remain available through September 30, 2022,
for activities authorized by the Labor-Management Cooperation Act of
1978:
[[Page 134 STAT. 1616]]
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to
full-cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services and
real, personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$257,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,905,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management
[[Page 134 STAT. 1617]]
Relations Act, 1947, and other laws, $274,224,000: Provided, That no
part of this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in an
election to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$14,300,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $13,000,000, which
shall include amounts becoming available in fiscal year 2021 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2022, which shall be the maximum
[[Page 134 STAT. 1618]]
amount available for payment pursuant to section 417 of Public Law 98-
76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $123,500,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund: Provided, That notwithstanding section 7(b)(9) of
the Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided further, That the
previous proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013: Provided further, That notwithstanding section 7(b)(9)
of the Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or individuals
who have recently completed qualifying educational programs using
current excepted hiring authorities established by the Office of
Personnel Management: Provided further, That $9,000,000 to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board's Information Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,500,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$40,158,768,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $86,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2023.
[[Page 134 STAT. 1619]]
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2022, $19,600,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,794,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,500,000 shall be for the Social Security Advisory
Board: Provided further, That $45,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $50,000,000 shall remain
available through September 30, 2022, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2021 not needed for fiscal year 2021
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That <<NOTE: Notification.>> the Commissioner of Social Security shall
notify the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available under the
authority in the previous proviso: Provided further,
That <<NOTE: Reimbursements.>> reimbursement to the trust funds under
this heading for expenditures for official time for employees of the
Social Security Administration pursuant to 5 U.S.C. 7131, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
Of <<NOTE: Reviews. Determination.>> the total amount made
available in the first paragraph under this heading, not more than
$1,575,000,000, to remain available through March 31, 2022, is for the
costs associated with continuing disability reviews under titles II and
XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United States
Attorneys: Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the
[[Page 134 STAT. 1620]]
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
and $1,302,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(B) of such Act: Provided further,
That, <<NOTE: Transfer authority.>> of the additional new budget
authority described in the preceding proviso, up to $11,200,000 may be
transferred to the ``Office of Inspector General'', Social Security
Administration, for the cost of jointly operated co-operative disability
investigation units: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law: Provided
further, That <<NOTE: Reports.>> the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $135,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2021 exceed $135,000,000, the amounts shall be available in
fiscal year 2022 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That <<NOTE: Notice. Time
period.>> notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House of Representatives and the
Senate at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
[[Page 134 STAT. 1621]]
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Propaganda. Lobbying.>> (a) No part of any
appropriation contained in this Act or transferred pursuant to section
4002 of Public Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local
legislature or legislative body, except in presentation to the Congress
or any State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or local
government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <<NOTE: Gun control.>> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
[[Page 134 STAT. 1622]]
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. <<NOTE: Abortion.>> (a) The limitations established in the
preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) <<NOTE: Discrimination.>> None of the funds made available in
this Act may be made available to a Federal agency or program, or to a
State or local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does not
provide, pay for, provide coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term
``health care entity'' includes an individual physician or other
health care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health
insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. <<NOTE: Human embryos.>> (a) None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
[[Page 134 STAT. 1623]]
any other means from one or more human gametes or human diploid cells.
Sec. 509. <<NOTE: Drugs and drug abuse.>> (a) None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established under section 202 of
the Controlled Substances Act except for normal and recognized
executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health and health care.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts. Reports.>> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
Sec. 514. <<NOTE: Consultations. Time periods. Notifications.>> (a)
None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2021, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming of
funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
[[Page 134 STAT. 1624]]
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2021, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. <<NOTE: Political disclosures.>> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2021
that are different than those specified in this Act, the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or the fiscal year 2021 budget request.
Sec. 517. <<NOTE: Reports. Contracts. Grants.>> The Secretaries of
Labor, Health and Human Services, and Education shall each prepare and
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department on a
non-competitive basis during each quarter of fiscal year 2021, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall
[[Page 134 STAT. 1625]]
be transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 521. <<NOTE: ACORN.>> None of the funds made available under
this or any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now (ACORN), or
any of its affiliates, subsidiaries, allied organizations, or
successors.
Sec. 522. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 523. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2021'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30,
[[Page 134 STAT. 1626]]
2025'' for ``September 30, 2018'' each place it appears: Provided, That
such pilots shall include communities that have experienced civil
unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division H of Public Law 115-31, section 525
of division H of Public Law 115-141, and section 524 of division A of
Public Law 116-94.
(c) <<NOTE: Time period.>> Pilot sites selected under authorities in
this Act and prior appropriations Acts may be granted by relevant
agencies up to an additional 5 years to operate under such authorities.
Sec. 525. <<NOTE: Reports. 31 USC 1502 note.>> Not later than 30
days after the end of each calendar quarter, beginning with the first
month of fiscal year 2021 the Departments of Labor, Health and Human
Services and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of Representatives
and Senate a report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the monthly reports shall
separately identify the amounts attributable to each source year of
appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
Sec. 526. <<NOTE: Lists. Grants. Deadline. Time period.>> The
Departments of Labor, Health and Human Services, or Education shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a comprehensive list of any new or
competitive grant award notifications, including supplements, issued at
the discretion of such Departments not less than 3 full business days
before any entity selected to receive a grant award is announced by the
Department or its offices (other than emergency response grants at any
time of the year or for grant awards made during the last 10 business
days of the fiscal year, or if applicable, of the program year).
Sec. 527. <<NOTE: Needles. Drugs and drug abuse.>> Notwithstanding
any other provision of this Act, no funds appropriated in this Act shall
be used to purchase sterile needles or syringes for the hypodermic
injection of any illegal drug: Provided,
That <<NOTE: Consultation. Determination. HIV.>> such limitation does
not apply to the use of funds for elements of a program other than
making such purchases if the relevant State or local health department,
in consultation with the Centers for Disease Control and Prevention,
determines that the State or local jurisdiction, as applicable, is
experiencing, or is at risk for, a significant increase in hepatitis
infections or an HIV outbreak due to injection drug use, and such
program is operating in accordance with State and local law.
Sec. 528. <<NOTE: Deadline.>> Each department and related agency
funded through this Act shall provide answers to questions submitted for
the record by members of the Committee within 45 business days after
receipt.
(rescission)
Sec. 529. Of the unobligated balances made available by section
301(b)(3) of Public Law 114-10, $2,000,000,000 are hereby rescinded.
[[Page 134 STAT. 1627]]
(rescission)
Sec. 530. Of any available amounts appropriated under section
2104(a)(24) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2021, $1,000,000,000 are hereby
rescinded as of such date.
Sec. 531. Of the unobligated balances made available for purposes
of carrying out section 2105(a)(3) of the Social Security Act,
$4,000,000,000 shall not be available for obligation in this fiscal
year.
Sec. 532. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section 2104(n)(2)(C)
of that Act, $14,000,000,000 shall not be available for obligation in
this fiscal year.
Sec. 533. For an additional amount for ``Department of Health and
Human Services--Administration for Children and Families--Children and
Families Services Programs'', $638,000,000, to prevent, prepare for, and
respond to coronavirus, for necessary expenses for grants to carry out a
Low-Income Household Drinking Water and Wastewater Emergency Assistance
Program: Provided, That <<NOTE: Grants. Water.>> the Secretary of
Health and Human Services shall make grants to States and Indian Tribes
to assist low-income households, particularly those with the lowest
incomes, that pay a high proportion of household income for drinking
water and wastewater services, by providing funds to owners or operators
of public water systems or treatment works to reduce arrearages of and
rates charged to such households for such services: Provided further,
That in carrying out this appropriation, the Secretary, States, and
Indian Tribes, as applicable, shall, as appropriate and to the extent
practicable, use existing processes, procedures, policies, and systems
in place to provide assistance to low-income households, including by
using existing programs and program announcements, application and
approval processes: Provided further, That <<NOTE: Allotments.>> the
Secretary shall allot amounts appropriated in this section to a State or
Indian Tribe based on the following (i) the percentage of households in
the State, or under the jurisdiction of the Indian Tribe, with income
equal to or less than 150 percent of the Federal poverty line, and (ii)
the percentage of such households in the State, or under the
jurisdiction of the Indian Tribe, that spend more than 30 percent of
monthly income on housing: Provided further, That up to 3 percent of
the amount appropriated in this section shall be reserved for Indian
Tribes and tribal organizations: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2021''.
[[Page 134 STAT. 1628]]
DIVISION <<NOTE: Legislative Branch Appropriations Act, 2021.>> I--
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
TITLE <<NOTE: 2 USC 60a note.>> I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $222,727,000, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations, $16,143,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,738,000 for each such committee; in all, $3,476,000.
[[Page 134 STAT. 1629]]
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,776,000 for each such committee; in all,
$3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $88,879,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $67,898,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,681,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the
[[Page 134 STAT. 1630]]
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
Resolution 281, 96th Congress, agreed to March 11, 1980, $133,265,000,
of which $13,350,000 shall remain available until September 30, 2023.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$9,536,000 of which $6,436,000 shall remain available until September
30, 2025 and of which $3,100,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $139,221,200, which shall remain available until September
30, 2025: Provided, That of the amounts made available under this
heading, $4,740,000, to remain available until expended, shall be for
the Joint Audible Warning System.
miscellaneous items
For miscellaneous items, $24,877,100 which shall remain available
until September 30, 2023.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$461,000,000 of which $20,128,950 shall remain available until September
30, 2023 and of which $6,000,000 shall be allocated solely for the
purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
(Including Rescission of Funds)
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years for
which such amounts are made available. Any unexpended balances under
such allowances remaining after
[[Page 134 STAT. 1631]]
the end of the period of availability shall be returned to the Treasury
in accordance with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third Supplemental
Appropriation Act, 1957 (2 U.S.C. 4107) and used for deficit reduction
(or, if there is no Federal budget deficit after all such payments have
been made, for reducing the Federal debt, in such manner as the
Secretary of the Treasury considers appropriate).
rescission
Sec. 102. Of the unobligated balances made available under the
heading ``Senate--Contingent Expenses of the Senate--Settlements and
Awards Reserve'' in the Legislative Branch Appropriations Act, 1996
(Public Law 104-53), $1,000,000 are hereby permanently rescinded.
extension of authority
Sec. 103. Section 21(d) of Senate Resolution 64 of the One Hundred
Thirteenth Congress, 1st session (agreed to on March 5, 2013), as most
recently amended by section 103 of the Legislative Branch Appropriations
Act, 2019 (division B of Public Law 115-244), is further amended by
striking ``December 31, 2020'' and inserting ``December 31, 2022''.
senate democratic leadership offices funding and authorities
Sec. 104. <<NOTE: 2 USC 6154 note. Definitions.>> (a) In this
section--
(1) the term ``applicable conference'' means the majority or
minority conference of the Senate, as applicable, that
represents the Democratic party;
(2) the term ``covered Congress'' means the 117th Congress;
and
(3) the term ``covered period'' means the period beginning
on the date on which the Secretary of the applicable conference
submits the letter described in subsection (b) and ending on
January 3, 2023.
(b) <<NOTE: Effective date.>> The Secretary of the applicable
conference may, by submission of a letter to the Disbursing Office of
the Senate on or after January 3, 2021, assign to the Assistant Leader
of the applicable conference the following duties and authorities for
the duration of the covered Congress:
(1) The authority over any amounts made available for the
Office of the Secretary of the applicable conference.
(2) The duties and authorities of the Secretary of the
applicable conference under section 3 of title I of division H
of the Consolidated Appropriations Act, 2008 (2 U.S.C. 6154),
section 102 of chapter VIII of title I of the Supplemental
Appropriations Act, 1979 (2 U.S.C. 6156), or any other provision
of law.
(c) For purposes of any individual employed by the Office of the
Assistant Leader of the applicable conference during the covered
period--
(1) any reference to the Office of the Secretary of the
applicable conference in the last sentence of section 506(e) of
the Supplemental Appropriations Act, 1973 (2 U.S.C. 6314(e))
[[Page 134 STAT. 1632]]
shall be deemed to refer to the Office of the Assistant Leader
of the applicable conference;
(2) any reference to the Office of the Secretary of the
applicable conference under subsection (b) of the first section
of S. Res. 458 (98th Congress) shall be deemed to refer to the
Office of the Assistant Leader of the applicable conference; and
(3) any reference to the Secretary of the applicable
conference under section 207(e)(9)(M) of title 18, United States
Code, shall be deemed to refer to the Assistant Leader of the
applicable conference.
(d) For purposes of any individual employed by the Office of the
Assistant Leader of the applicable conference during the covered period
and with respect to any practice that occurs during the covered period,
any reference to the Office of the Secretary of the applicable
conference under section 220(e)(2)(C) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1351(e)(2)(C)) shall be deemed to
be a reference to the Office of the Assistant Leader of the applicable
conference.
(e) Nothing in this section shall be construed to have any effect on
the continuation of any procedure or action initiated under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) or
section 207 of title 18, United States Code.
student loan cap adjustment
Sec. 105. (a) Section 102 of the Legislative Branch Appropriations
Act, 2002 (2 U.S.C. 4579) is amended--
(1) in subsection (c)(2)(A)--
(A) in clause (i), by striking `` $500'' and
inserting `` $833''; and
(B) in clause (ii), by striking `` $40,000'' and
inserting `` $80,000''; and
(2) in subsection (h)(1), by striking ``2 percent'' each
place it appears and inserting ``2.5 percent''.
(b) <<NOTE: 2 USC 4579 note.>> The amendments made by subsection (a)
shall take effect on March 1, 2021.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,480,819,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,947,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $8,295,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,448,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $2,219,000,
including $5,000 for official expenses
[[Page 134 STAT. 1633]]
of the Minority Whip; Republican Conference, $2,340,000; Democratic
Caucus, $2,340,000: Provided, That such amount for salaries and
expenses shall remain available from January 3, 2021 until January 2,
2022.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $640,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of
interns who serve in the offices of Members of the House of
Representatives, $11,025,000, to remain available through January 2,
2022: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more than
$25,000 of the allowance available under this heading during calendar
year 2021.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the Legislative
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
interns who serve in House leadership offices, $365,000, to remain
available through January 2, 2022: Provided, That of the amount
provided under this heading, $200,000 shall be available for the
compensation of interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker of the House
of Representatives, and $165,000 shall be available for the compensation
of interns who serve in House leadership offices of the minority, to be
allocated among such offices by the Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $138,100,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2022, except that $3,100,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,725,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount
[[Page 134 STAT. 1634]]
shall remain available for such salaries and expenses until December 31,
2022.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $260,781,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $31,975,000, of which $4,000,000 shall remain available until
expended; for salaries and expenses of the Office of the Sergeant at
Arms, including the position of Superintendent of Garages and the Office
of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $23,260,000, of which $11,000,000
shall remain available until expended; for salaries and expenses of the
Office of the Chief Administrative Officer including not more than
$3,000 for official representation and reception expenses, $177,200,000,
of which $26,000,000 shall remain available until expended; for salaries
and expenses of the Office of Diversity and Inclusion, $1,500,000; for
salaries and expenses of the Office of the Whistleblower Ombudsman,
$1,000,000; for salaries and expenses of the Office of the Inspector
General, $5,019,000; for salaries and expenses of the Office of General
Counsel, $1,815,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $2,088,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,469,000; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $11,937,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $934,000; for other authorized employees,
$584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $374,939,000, including: supplies, materials, administrative costs
and Federal tort claims, $1,555,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other applicable
employee benefits, $335,000,000, to remain available until March 31,
2022; salaries and expenses for Business Continuity and Disaster
Recovery, $18,508,000, of which $6,000,000 shall remain available until
expended; transition activities for new members and staff, $13,000,000,
to remain available until expended; Wounded Warrior Program and the
Congressional Gold Star Family Fellowship Program, $3,975,000, to remain
available until expended; Office of Congressional Ethics, $1,711,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$1,000,000.
[[Page 134 STAT. 1635]]
House of Representatives Modernization Initiatives Account
(including transfer of funds)
For the House of Representatives Modernization Initiatives Account
established in section 115, $2,000,000, to remain available until
expended: Provided, That <<NOTE: Approval.>> disbursement from this
account is subject to approval of the Committee on Appropriations of the
House of Representatives: Provided further, That funds provided in this
account shall only be used for initiatives recommended by the Select
Committee on Modernization or approved by the Committee on House
Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be
available only for fiscal year 2021. Any amount remaining after all
payments are made under such allowances for fiscal year 2021 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) <<NOTE: Regulations.>> The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) <<NOTE: Definition.>> As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or a
Delegate or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all necessary
steps to ensure the constitutional integrity of the separate branches of
the government at all stages of providing the assistance, including
applying minimization procedures to limit the spread or sharing of
privileged House and Member information.
[[Page 134 STAT. 1636]]
rescissions of funds
Sec. 113. (a) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established under House
Resolution 64, Ninety Eighth Congress, agreed to February 8, 1983, as
enacted into permanent law by section 110 of the Congressional
Operations Appropriation Act, 1984 (2 U.S.C. 4917), $212,976 is hereby
rescinded.
(b) Of the unobligated balances available from prior appropriations
Acts from the revolving fund established in the item relating to
``Stationery'' under the heading ``House of Representatives, Contingent
Expenses of the House'' in the first section of the Legislative Branch
Appropriation Act, 1948 (2 U.S.C. 5534), $1,000,000 is hereby rescinded.
(c) Of the unobligated balances available from prior appropriations
Acts from the Net Expenses of Telecommunications Revolving Fund under
section 102 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C.
5538), $3,000,000 is hereby rescinded.
student loan cap adjustment
Sec. 114. (a) Increase in Lifetime Limit.--Section 105 of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Lifetime Limit on Aggregate Payments Made on Behalf of Any
Individual.--The aggregate amount of payments made on behalf of any
individual under the program under this section by all employing offices
of the House of Representatives may not exceed $80,000.''.
(b) Effective Date; Transition.--
(1) <<NOTE: 2 USC 4536 note.>> Effective date.--The
amendment made by subsection (a) shall apply with respect to
fiscal year 2021 and each succeeding fiscal year.
(2) <<NOTE: Regulations. 2 USC 4536 note.>> Permitting
additional payments on behalf of individuals whose payments
reached prior limit.--In promulgating regulations to carry out
the amendment made by subsection (a), the Committee on House
Administration of the House of Representatives shall include
regulations to permit payments to be made under the program
under section 105 of the Legislative Branch Appropriations Act,
2003 (2 U.S.C. 4536) on behalf of an individual who--
(A) is an employee of an employing office of the
House during fiscal year 2021 or any succeeding fiscal
year;
(B) prior to fiscal year 2021, had payments made on
the individual's behalf under the program under such
section; and
(C) prior to fiscal year 2021, became ineligible to
have payments made on the individual's behalf under the
program because the aggregate amount of the payments
made on the individual's behalf under the program
reached the limit on such aggregate amount which (under
regulations promulgated by the Committee) was in effect
prior to fiscal year 2021.
[[Page 134 STAT. 1637]]
house of representatives modernization initiatives account
Sec. 115. <<NOTE: 2 USC 5513.>> (a) Establishment.--There is hereby
established in the Treasury of the United States an account for the
House of Representatives to be known as the ``House of Representatives
Modernization Initiatives Account'' (hereafter in this section referred
to as the ``Account'').
(b) Use of Funds.--Funds in the Account shall be used by the House
of Representatives to carry out initiatives to modernize the operations
of the House, including initiatives to promote administrative
efficiencies and expand the use of innovative technologies in offices of
the House.
(c) Continuing Availability of Funds.--Funds in the Account are
available without fiscal year limitation.
(d) Authorizing Transfers of Funds Among Other House Accounts.--
Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2
U.S.C. 5507(c)(2)) is amended by striking ``, and `Allowance for
Compensation of Interns in House Leadership Offices'.'' and inserting ``
`Allowance for Compensation of Interns in House Leadership Offices', and
`House of Representatives Modernization Initiatives Account'.''.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2021 and each succeeding
fiscal year.
congressional mailing standards
Sec. 116. <<NOTE: Communications Outreach Media and Mail Standards
Act. 2 USC 501 note.>> (a) Short Title.--This section may be cited as
the ``Communications Outreach Media and Mail Standards Act'' or the
``COMMS Act''.
(b) Renaming House Commission on Congressional Mailing Standards.--
(1) In general.--Section 5(a) of the Act entitled ``An Act
to amend title 39, United States Code, to clarify the proper use
of the franking privilege by Members of Congress, and for other
purposes'', approved December 18, 1973 (2 U.S.C. 501(a)), is
amended by striking ``House Commission on Congressional Mailing
Standards'' and inserting ``House Communications Standards
Commission''.
(2) Conforming amendments.--
(A) Title 39.--Title 39, United States Code, is
amended by striking ``House Commission on Congressional
Mailing Standards'' and inserting ``House Communications
Standards Commission'' each place it appears in the
following sections:
(i) Section 3210(a)(5), (a)(6)(D), (b)(3),
(d)(5), and (d)(6)(A).
(ii) Section 3216(e)(1) and (e)(2).
(iii) Section 3220(b).
(B) Other provisions.--Section 311 of the
Legislative Branch Appropriations Act, 1991 (2 U.S.C.
503) is amended by striking ``House Commission on
Congressional Mailing Standards'' and inserting ``House
Communications Standards Commission'' each place it
appears in subsections (a)(3), (e)(1)(B), and (f).
(3) <<NOTE: 2 USC 501 note.>> References in other
documents.--Any reference in any rule, regulation, or other
document to the House Commission on Congressional Mailing
Standards shall be deemed to
[[Page 134 STAT. 1638]]
be a reference to the House Communications Standards Commission.
(c) Authority of Commission Over Official Mass Communications.--
(1) Authority to provide guidance regarding dissemination of
mass communications.--
(A) In general.--Section 5(d) of the Act entitled
``An Act to amend title 39, United States Code, to
clarify the proper use of the franking privilege by
Members of Congress, and for other purposes'', approved
December 18, 1973 (2 U.S.C. 501(d)), is amended--
(i) in the first sentence, by striking ``The
Commission'' and inserting ``(1) The Commission'';
and
(ii) by adding at the end the following new
paragraph:
``(2) In addition to the guidance, assistance, advice, and
counsel described in paragraph (1), the Commission shall
provide--
``(A) guidance, assistance, advice, and counsel,
through advisory opinions or consultations, in
connection with any law and with any rule or regulation
of the House of Representatives governing the
dissemination of mass communications other than franked
mail; and
``(B) guidance, assistance, advice, and counsel in
connection with any law and with any rule or regulation
of the House of Representatives governing the official
content of other official communications of any
quantity, whether solicited or unsolicited.''.
(B) Authority to investigate complaints.--Section
5(e) of such Act (2 U.S.C. 501(e)) is amended--
(i) in the first sentence, by striking ``Any
complaint'' and all that follows through ``is
about to occur'' and inserting the following:
``Any complaint that a violation of any provision
of law or any rule or regulation of the House of
Representatives to which subsection (d) applies is
about to occur''; and
(ii) in the sentence beginning with
``Notwithstanding any other provision of law'', by
striking ``a violation of the franking laws or an
abuse of the franking privilege by any person
listed under subsection (d) of this section as
entitled to send mail as franked mail,'' and
inserting ``a violation of any provision of law or
any rule or regulation of the House of
Representatives to which subsection (d)
applies,''.
(C) Mass communication defined.--Section 5 of such
Act (2 U.S.C. 501) is amended by adding at the end the
following new subsection:
``(h) In this section, the term `mass communication' means a mass
mailing described in section 3210(a)(6)(E) of title 39, United States
Code, or any other unsolicited communication of substantially identical
content which is transmitted to 500 or more persons in a session of
Congress, as provided under regulations of the Commission, except that
such term does not include--
``(1) any communication from an individual described in
subsection (d) to another individual described in subsection
(d), a Senator, or any Federal, State, local, or Tribal
government official;
[[Page 134 STAT. 1639]]
``(2) any news release to the communications media;
``(3) any such mass mailing or unsolicited communication
made in direct response to a communication from a person to whom
the mass mailing or unsolicited communication was transmitted;
or
``(4) in the case of any such unsolicited communication
which is transmitted in a digital format, a communication for
which the cost of the content is less than a threshold amount
established under regulations of the House Communications
Standards Commission.''.
(2) Authority to review all unsolicited mass
communications.--
(A) Requiring review before dissemination.--Section
311(f) of the Legislative Branch Appropriations Act,
1991 (2 U.S.C. 503(f)) is amended--
(i) by striking ``any mass mailing'' and
inserting ``any mass communication'';
(ii) by striking ``mail matter'' and inserting
``matter''; and
(iii) by striking ``such proposed mailing''
and inserting ``such proposed communication''.
(B) Exception for certain communications.--Section
311(f) of such Act (2 U.S.C. 503(f)) is amended--
(i) by striking ``A Member'' and inserting
``(1) Except as provided in paragraph (2), a
Member''; and
(ii) by adding at the end the following new
paragraph:
``(2) Paragraph (1) does not apply in the case of any type of mass
communication which is designated as exempt from the requirements of
such paragraph as provided under regulations of the House Communications
Standards Commission.''.
(C) Definition.--Section 311(g) of such Act (2
U.S.C. 503(g)) is amended--
(i) by striking ``and'' at the end of
paragraph (1);
(ii) by striking the period at the end of
paragraph (2) and inserting ``; and''; and
(iii) by adding at the end the following new
paragraph:
``(3) the term `mass communication' means a mass mailing
described in section 3210(a)(6)(E) of title 39, United States
Code, or any other unsolicited communication of substantially
identical content which is transmitted to 500 or more persons in
a session of Congress, as provided under regulations of the
House Communications Standards Commission, except that such term
does not include--
``(A) any communication from a Member of the House
of Representatives to another Member of the House of
Representatives, a Senator, or any Federal, State, or
local government official;
``(B) any news release to the communications media;
``(C) any such mass mailing or unsolicited
communication made in direct response to a communication
from a person to whom the mass mailing or unsolicited
communication was transmitted; or
``(D) in the case of any such unsolicited
communication which is transmitted in a digital format,
a communication for which the cost of the content is
less than a threshold
[[Page 134 STAT. 1640]]
amount established under regulations of the House
Communications Standards Commission.''.
(3) Conforming amendment to rules of the house of
representatives.--Clause 9 of rule XXIV of the Rules of the
House of Representatives is amended by inserting after ``that
session,'' the following: ``or any other unsolicited
communication of substantially identical content which is
transmitted to 500 or more persons in that session or, in the
case of a digital communication of substantially identical
content, which is disseminated at a cost exceeding a designated
amount, as provided under regulations of the House
Communications Standards Commission,''.
(d) Revision to Mass Mailing Notice on Taxpayer Funding.--Section
311(a) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.
506(a)) is amended--
(1) by striking ``(a) Each mass mailing'' and inserting
``(a)(1) Each mass mailing'';
(2) by striking ``the following notice:'' and all that
follows through ``or a notice'' and inserting ``one of the
notices described in paragraph (2) or a notice''; and
(3) by adding at the end the following new paragraph:
``(2) The notices described in this paragraph are as follows:
``(A) `Paid for with official funds from the office of
_____.', with the blank filled in with the name of the Member
sending the mailing.
``(B) `Paid for by the funds authorized by the House of
Representatives for District __ of _____.', with the first blank
filled in with the name of the congressional district number,
and the second blank filled in with the name of the State, of
the Member sending the mailing.
``(C) `Paid for by official funds authorized by the House of
Representatives.' ''.
(e) Revisions to Restrictions on Mail Matter Considered Frankable.--
(1) Expressions of congratulations.--Section 3210(a)(3)(F)
of title 39, United States Code, is amended by striking ``to a
person who has achieved some public distinction''.
(2) Biographical information related to official and
representational duties.--Section 3210(a)(3)(I) of such title is
amended by striking ``publication or in response to a specific
request therefor'' and inserting the following: ``publication,
in response to a specific request therefor, or which relates to
the Member's or Member-elect's official and representational
duties,''.
(3) Photos and likenesses included in newsletters or general
mass mailings.--Section 3210(a)(3) of such title is amended--
(A) by adding ``or'' at the end of subparagraph (H);
(B) in subparagraph (I), by striking ``; or'' and
inserting a period; and
(C) by striking subparagraph (J).
(4) Clarification of ability of members to use franked mail
to send personal messages to constituents.--Section 3210(a)(4)
of such title is amended by striking the period at the end and
inserting the following: ``, except that nothing in this
paragraph may be construed to prohibit the use of the franking
privilege for the transmission of matter which
[[Page 134 STAT. 1641]]
is purely personal to a recipient who is a constituent of a
Member of Congress and which is related to the official
business, activities, and duties of the Member.''.
(5) Uniform blackout period for all members of congress.--
(A) Uniform period.--Section 3210(a)(6)(A) of such
title is amended--
(i) in clause (i), by striking ``(or, in the
case of a Member of the House, fewer than 90
days)''; and
(ii) in clause (ii)(II), by striking ``90
days'' and inserting ``60 days''.
(B) <<NOTE: 39 USC 3210 note.>> Effective date.--
The amendments made by paragraph (1) shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2020 and each succeeding
election for public office.
(6) Information on certain matters.--Section 3210(a)(6)(E)
of such title is amended--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(iv) providing information exclusively on competitions
which are officially sanctioned by the House of Representatives
or Senate, nominations to military service academies, official
employment listings for positions in the House of
Representatives (including listings for positions in the Wounded
Warrior Program or the Gold Star Family Fellowship Program), or
natural disasters or other threats to public health and life
safety.''.
(f) <<NOTE: 2 USC 501 note.>> Effective Date.--Except as provided
in subsection (e)(5)(B), this section and the amendments made by this
section shall apply with respect to communications disseminated on or
after the date of the enactment of this Act.
authorizing use of members' representational allowance for expenses of
members-elect
Sec. 117. (a) Authorization.--Section 101(a) of the House of
Representatives Administrative Reform Technical Corrections Act (2
U.S.C. 5341(a)) is amended--
(1) by striking ``a Member'' and inserting ``a Member or
Member-elect''; and
(2) by striking ``the Member'' and inserting ``the Member or
Member-elect''.
(b) Regulations.--Section 101(d) of such Act (2 U.S.C. 5341(d)) is
amended by striking the period at the end and inserting the following:
``, including regulations establishing under subsection (a) the official
and representational duties during a Congress of a Member-elect of the
House of Representatives who is not an incumbent Member re-elected to
the ensuing Congress.''.
(c) <<NOTE: 2 USC 5341 note.>> Effective Date.--The amendments made
by this section shall apply with respect to Members-elect of the House
of Representatives for the One Hundred Seventeenth Congress and each
succeeding Congress.
JOINT ITEMS
For Joint Committees, as follows:
[[Page 134 STAT. 1642]]
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,905,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) <<NOTE: Reimbursement.>> $2,796,000 for reimbursement
to the Department of the Navy for expenses incurred for staff
and equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,869,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,536,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For <<NOTE: Notification.>> salaries of employees of the Capitol
Police, including overtime, hazardous duty pay, and Government
contributions for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$424,397,000 of which overtime shall not exceed $50,246,000 unless the
Committee on Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
[[Page 134 STAT. 1643]]
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $91,144,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2021 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security:
Provided further, That of the amounts made available under this heading,
$3,639,000, to remain available until expended, shall be for the Joint
Audible Warning System.
Administrative Provision
student loan cap adjustment
Sec. 120. Section 908(c) of the Emergency Supplemental Act, 2002 (2
U.S.C. 1926(c)), is amended by striking `` $60,000'' and inserting ``
$80,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $7,500,000, of which $1,000,000 shall
remain available until September 30, 2022, and of which not more than
$1,000 may be expended on the certification of the Executive Director in
connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $57,292,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
[[Page 134 STAT. 1644]]
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation expenses,
to be expended as the Architect of the Capitol may approve; for purchase
or exchange, maintenance, and operation of a passenger motor vehicle,
$127,462,000, of which $1,500,000 shall remain available until September
30, 2025.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $34,719,000, of which $6,099,000 shall remain available
until September 30, 2025.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $20,560,000, of which $7,800,000 shall remain
available until September 30, 2025.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$89,615,280, of which $22,200,000 shall remain available until September
30, 2025.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $138,780,000, of which $14,540,000 shall
remain available until September 30, 2025, and of which $62,000,000
shall remain available until expended for the restoration and renovation
of the Cannon House Office Building: Provided, That of the amount made
available under this heading, $9,000,000 shall be derived by transfer
from the House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section 101(3) of
the Further Continuing Appropriation Act, 2017 (Public Law 114-254; 2
U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including
[[Page 134 STAT. 1645]]
the purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $97,761,000, of which $13,700,000 shall remain available
until September 30, 2025: Provided, That not more than $10,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2021.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$83,446,000, of which $51,600,000 shall remain available until September
30, 2025.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $45,993,000, of which
$15,700,000 shall remain available until September 30, 2025: Provided,
That of the amounts made available under this heading, $2,500,000, to
remain available until expended, shall be for the Joint Audible Warning
System.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $20,986,000, of which $8,300,000 shall
remain available until September 30, 2025: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $24,751,000.
[[Page 134 STAT. 1646]]
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. <<NOTE: Determination.>> None of the funds made available
in this Act for the Architect of the Capitol may be used to make
incentive or award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed designee,
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and distribution of
catalog records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of Congress
Trust Fund Board not properly chargeable to the income of any trust fund
held by the Board, $523,654,000, and, in addition, amounts credited to
this appropriation during fiscal year 2021 under the Act of June 28,
1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available
until expended: Provided, That the Library of Congress may not obligate
or expend any funds derived from collections under the Act of June 28,
1902, in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further,
That <<NOTE: Certification.>> of the total amount appropriated, not
more than $18,000 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses, including for the Overseas Field Offices: Provided further,
That of the total amount appropriated, $9,424,000 shall remain available
until expended for the Teaching with Primary Sources program: Provided
further, That of the total amount appropriated, $1,384,000 shall remain
available until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $250,000 shall remain available until expended for the
Surplus Books Program to promote the program and facilitate a greater
number of donations to eligible entities across the United States:
Provided further, That of the total amount appropriated, $3,720,000
shall remain available until expended for the Veterans History Project
to continue digitization efforts of already collected materials, reach a
greater number of veterans to record their stories, and promote public
access to the Project: Provided further, That of the total amount
appropriated, $10,000,000 shall remain available until expended for the
Library's Visitor Experience project, and may be obligated and expended
only upon approval by the Subcommittee on the Legislative Branch of the
Committee on Appropriations of the House of Representatives
[[Page 134 STAT. 1647]]
and by the Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate: Provided further, That of the total
amount appropriated, $4,370,000 shall remain available until September
30, 2025, to complete the second of three phases of the shelving
replacement in the Law Library's collection storage areas: Provided
further, That of the total amount appropriated, $2,500,000 shall remain
available until September 30, 2022, for the phase-out and retirement of
the de-acidification preservation program.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $93,416,000, of
which not more than $38,004,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2021 under sections 708(d) and 1316 of title 17, United
States Code: Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in appropriations
Acts: Provided further, That not more than $6,778,000 shall be derived
from collections during fiscal year 2021 under sections 111(d)(2),
119(b)(3), 803(e), and 1005 of such title: Provided further, That the
total amount available for obligation shall be reduced by the amount by
which collections are less than $44,782,000: Provided further, That of
the funds provided under this heading, not less than $17,100,000 is for
modernization initiatives, of which $10,000,000 shall remain available
until September 30, 2022: Provided further, That not more than $100,000
of the amount appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office of the
Library of Congress for the purpose of training nationals of developing
countries in intellectual property laws and policies: Provided further,
That <<NOTE: Certification.>> not more than $6,500 may be expended, on
the certification of the Librarian of Congress, in connection with
official representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations,
visitors, and seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to sections 111, 119,
and chapter 10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with the
exception of the costs of salaries and benefits for the Copyright
Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $125,495,000: Provided, That <<NOTE: Advance approval.>> no
part of such amount may be used to pay any salary or expense in
connection with any publication, or preparation of material therefor
(except
[[Page 134 STAT. 1648]]
the Digest of Public General Bills), to be issued by the Library of
Congress unless such publication has obtained prior approval of either
the Committee on House Administration of the House of Representatives or
the Committee on Rules and Administration of the Senate: Provided
further, That this prohibition does not apply to publication of non-
confidential Congressional Research Service (CRS) products: Provided
further, That a non-confidential CRS product includes any written
product containing research or analysis that is currently available for
general congressional access on the CRS Congressional Intranet, or that
would be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response to
Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $59,563,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and print disabled residents at
no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2021, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $252,552,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$78,000,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, That <<NOTE: Time periods.>>
notwithstanding the 2-year limitation under section 718 of title 44,
United States Code, none of the funds appropriated or made available
under this Act or any other Act for printing and binding and related
services provided to Congress
[[Page 134 STAT. 1649]]
under chapter 7 of title 44, United States Code, may be expended to
print a document, report, or publication after the 27-month period
beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United States Code:
Provided further, That <<NOTE: Deadline. Time periods. Approval.>>
unobligated or unexpended balances of expired discretionary funds made
available under this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than the
end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the Congressional Record
on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange libraries
as authorized by law, $32,300,000: Provided, That amounts of not more
than $2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other related
publications for the preceding two fiscal years to depository and other
designated libraries: Provided further, That <<NOTE: Deadline. Time
period. Approval.>> unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under the
heading ``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes for
which appropriated, to be available for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,700,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may
[[Page 134 STAT. 1650]]
be necessary in carrying out the programs and purposes set forth in the
budget for the current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further,
That <<NOTE: Certification.>> not more than $7,500 may be expended on
the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with travel
expenses of the advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the provisions
of title 44, United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent of
the annual rate of basic pay for level V of the Executive Schedule under
section 5316 of such title: Provided further, That activities financed
through the Business Operations Revolving Fund may provide information
in any format: Provided further, That the Business Operations Revolving
Fund and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used for
contracted security services at Government Publishing Office's passport
facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $661,139,000: Provided, That, in addition,
$31,342,000 of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That <<NOTE: Determination.>> this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further,
That <<NOTE: Reimbursements.>> payments hereunder to the Forum may be
credited as reimbursements to any appropriation from which costs
involved are initially financed.
[[Page 134 STAT. 1651]]
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$6,000,000: Provided, That <<NOTE: Russia.>> funds made available to
support Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic engagement,
and shall not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2021 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise
[[Page 134 STAT. 1652]]
provided under existing law, or under existing Executive order issued
under existing law.
costs of lbfmc
Sec. 205. <<NOTE: Determination.>> Amounts available for
administrative expenses of any legislative branch entity which
participates in the Legislative Branch Financial Managers Council
(LBFMC) established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by the LBFMC,
except that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities as
the entities may determine) may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate, unless
through regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) <<NOTE: Huawei Technologies Company. ZTE
Corporation. Reviews.>> None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation for
a high or moderate impact information system, as defined for security
categorization in the National Institute of Standards and Technology's
(NIST) Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high or moderate impact information systems within
the Federal Government;
[[Page 134 STAT. 1653]]
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) <<NOTE: Consultation. Assessment. Cyber
threats. China. Iran. North Korea. Russia.>> in consultation
with the Federal Bureau of Investigation or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
telecommunications equipment for inclusion in a high or moderate
impact system, including any risk associated with such system
being produced, manufactured, or assembled by one or more
entities identified by the United States Government as posing a
cyber threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) <<NOTE: Consultations.>> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high or
moderate impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
(1) <<NOTE: Mitigation strategy.>> developed, in
consultation with NIST and supply chain risk management experts,
a mitigation strategy for any identified risks;
(2) <<NOTE: Determination.>> determined, in consultation
with NIST and the Federal Bureau of Investigation, that the
acquisition of such telecommunications equipment for inclusion
in a high or moderate impact system is in the vital national
security interest of the United States; and
(3) <<NOTE: Reports.>> reported that determination to the
Committees on Appropriations of the House of Representatives and
the Senate in a manner that identifies the telecommunications
equipment for inclusion in a high or moderate impact system
intended for acquisition and a detailed description of the
mitigation strategies identified in paragraph (1), provided that
such report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities or other official government activities.
plastic waste reduction
Sec. 210. <<NOTE: Coordination. Consultation.>> All agencies and
offices funded by this division that contract with a food service
provider or providers shall confer and coordinate with such food service
provider or providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase recycling
and composting opportunities.
[[Page 134 STAT. 1654]]
joint congressional committee on inaugural ceremonies of 2021
Sec. 211. There is hereby appropriated $2,000,000, for the same
purposes and under the same authorities and conditions as amounts made
available under the heading ``Joint Items--Joint Congressional Committee
on Inaugural Ceremonies of 2021'' in division E of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94).
capitol complex health and safety
Sec. 212. In addition to the amounts appropriated under this Act
under the heading ``Office of the Attending Physician'', there is hereby
appropriated to the Office of the Attending Physician $5,000,000, to
remain available until expended, for response to COVID-19, including
testing, subject to the same terms and conditions as the amounts
appropriated under such heading.
government accountability office supplemental oversight
Sec. 213. For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, which shall be for audits and
investigations, as authorized by this title: Provided,
That <<NOTE: Deadline. Spend plan. Estimates. Timeline.>> not later
than 90 days after the date of enactment of this Act, the Government
Accountability Office shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a spend plan specifying
funding estimates and a timeline for such audits and investigations:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2021''.
DIVISION J-- <<NOTE: Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2021.>> MILITARY CONSTRUCTION,
VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $628,900,000, to remain available until September 30, 2025:
Provided, That, <<NOTE: Determination. Notification.>> of this amount,
not to exceed $147,000,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and
[[Page 134 STAT. 1655]]
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,716,144,000, to remain available until September 30,
2025: Provided, That, <<NOTE: Determination. Notification.>> of this
amount, not to exceed $261,710,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$616,156,000, to remain available until September 30, 2025: Provided,
That, <<NOTE: Determination. Notification.>> of this amount, not to
exceed $212,556,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$2,041,909,000, to remain available until September 30, 2025: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $162,076,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
[[Page 134 STAT. 1656]]
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $349,437,000, to remain available until September
30, 2025: Provided, That, <<NOTE: Determination. Notification.>> of
the amount, not to exceed $44,593,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $64,214,000, to remain available until September 30,
2025: Provided, That, <<NOTE: Determination. Notification.>> of the
amount, not to exceed $3,414,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $88,337,000, to remain
available until September 30, 2025: Provided,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $1,218,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $70,995,000, to remain available until September 30,
2025: Provided, That, <<NOTE: Determination. Notification.>> of the
amount, not to exceed $3,485,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
[[Page 134 STAT. 1657]]
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $23,117,000, to
remain available until September 30, 2025: Provided,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $3,270,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Air Force Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $173,030,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $480,447,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $119,400,000, to remain available
until September 30, 2025.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $352,342,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $42,897,000, to remain
available until September 30, 2025.
[[Page 134 STAT. 1658]]
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $346,493,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $97,214,000, to remain available until
September 30, 2025.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $317,021,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $54,728,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$5,897,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $600,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of acquiring
and improving military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. <<NOTE: Contracts.>> None of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
[[Page 134 STAT. 1659]]
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. <<NOTE: Certification.>> Funds made available in this
title for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. <<NOTE: Determinations.>> None of the funds made
available in this title shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Command,
except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the designee of the
Attorney General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be in the
public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. <<NOTE: Steel.>> None of the funds made available in this
title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. <<NOTE: Contracts. Japan.>> None of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. <<NOTE: Kwajalein Atoll. Contracts.>> None of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and responsible bid
of a United States contractor exceeds the lowest responsive and
[[Page 134 STAT. 1660]]
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Military exercise. Time
period.>> The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. <<NOTE: Time
periods. Notification. Determination.>> Subject to 30 days prior
notification, or 14 days for a notification provided in an electronic
medium pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of Congress,
such additional amounts as may be determined by the Secretary of Defense
may be transferred to: (1) the Department of Defense Family Housing
Improvement Fund from amounts appropriated for construction in ``Family
Housing'' accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts appropriated
directly to the Fund; or (2) the Department of Defense Military
Unaccompanied Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be available for the
same purposes and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made available to
the Funds shall be available to cover the costs, as defined in section
502(5) of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting
facilities.
[[Page 134 STAT. 1661]]
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
Any amounts transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to which
transferred.
Sec. 119. <<NOTE: 10 USC 2821 note.>> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided,
That <<NOTE: Deadlines. Notification.>> not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days prior notification, or 14 days for
a notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded solely due
to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission: Provided
further, That <<NOTE: Reports.>> the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on Appropriations
of both Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the prior
fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. <<NOTE: Time period. Determination.>> During the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for obligations incurred during the period of
availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military
[[Page 134 STAT. 1662]]
construction and family housing construction contained in Department of
Defense Financial Management Regulation 7000.14-R, Volume 3, Chapter 7,
of March 2011, as in effect on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2025:
``Military Construction, Army'', $233,000,000;
``Military Construction, Navy and Marine Corps'',
$73,100,000;
``Military Construction, Air Force'', $60,000,000;
``Military Construction, Army National Guard'', $49,835,000;
``Military Construction, Air National Guard'', $29,500,000;
and
``Military Construction, Air Force Reserve'', $25,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
unfunded priority list for fiscal year 2021 submitted to Congress:
Provided further, That such projects are subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That <<NOTE: Deadline. Expenditure plan.>> not later
than 30 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of Defense--
Military Construction, Army'', ``Department of Defense--Military
Construction, Navy and Marine Corps'', ``Department of Defense--Military
Construction, Air Force'', and ``Department of Defense--Military
Construction, Defense-Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act specified for
fiscal year 2021 in the funding table in section 4601 of that Act shall
be immediately available and allotted to contract for the full scope of
authorized projects.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are hereby
rescinded from the following accounts in the amounts specified:
``Military Construction, Navy and Marine Corps'',
$48,000,000;
``Military Construction, Air Force'', $9,975,000;
``Military Construction, Defense-Wide'', $29,838,000; and
``Department of Defense Base Closure Account'', $50,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 134 STAT. 1663]]
Sec. 127. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional defense committees'' means the Committees on Armed
Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 128. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2023:
``Military Construction, Army'', $48,000,000;
``Military Construction, Navy and Marine Corps'',
$37,700,000;
``Military Construction, Air Force'', $75,700,000; and
``Family Housing Construction, Army'', $4,500,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
cost to complete projects list of previously appropriated projects
submitted to Congress: Provided further, That such projects are subject
to authorization prior to obligation and expenditure of funds to carry
out construction: Provided further, That <<NOTE: Deadline. Expenditure
plan.>> not later than 30 days after enactment of this Act, the
Secretary of the military department concerned, or his or her designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2023:
``Family Housing Operation and Maintenance, Army'',
$20,000,000;
``Family Housing Operation and Maintenance, Navy and Marine
Corps'', $20,000,000; and
``Family Housing Operation and Maintenance, Air Force'',
$20,000,000.
Sec. 130. None <<NOTE: Cuba.>> of the funds made available by this
Act may be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131.
<<NOTE: Analysis. Reports. Certification.>> Notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available by this or any other Act may be used to consolidate or
relocate any element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED HORSE)
outside of the United States until the Secretary of the Air Force: (1)
completes an analysis and comparison of the cost and infrastructure
investment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the cost
analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That <<NOTE: Definition.>> the
term ``United States'' in this section does not include any territory or
possession of the United States.
Sec. 132. For an additional amount for the accounts and in the
amounts specified for planning and design, for improving military
installation resilience, to remain available until September 30, 2025:
[[Page 134 STAT. 1664]]
``Military Construction, Army'', $4,000,000;
``Military Construction, Navy and Marine Corps'',
$7,000,000; and
``Military Construction, Air Force'', $4,000,000:
Provided, That <<NOTE: Deadline. Expenditure plan.>> not later than
60 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section: Provided further,
That <<NOTE: Approval.>> the Secretary of the military department
concerned may not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 133. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $32,200,000, to remain available until
September 30, 2025, for child development center construction:
Provided, That projects funded using amounts available under this
section are subject to authorization prior to obligation and expenditure
of funds to carry out construction: Provided further,
That <<NOTE: Expenditure plan. Deadline.>> amounts made available under
this section may not be obligated or expended until the Secretary of the
Navy submits to the Committees on Appropriations of both Houses of
Congress a detailed expenditure plan not later than 30 days after
enactment of this Act.
Sec. 134. Of the unobligated balances available from prior
appropriations Acts under the heading ``Department of Defense--Military
Construction, Defense-Wide'', $131,000,000 is hereby rescinded, and in
addition to amounts otherwise provided for this fiscal year, an amount
of additional new budget authority equivalent to the amount rescinded
pursuant to this section is hereby appropriated, to remain available
until September 30, 2025, and shall be available for the same purposes
and under the same authorities as provided under such heading:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That projects funded using
amounts available under this section are subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That <<NOTE: Expenditure plan. Deadline.>> amounts
made available under this section may not be obligated or expended until
the Secretary of Defense, or his or her designee, submits to the
Committees on Appropriations of both Houses of Congress a detailed
expenditure plan not later than 30 days after enactment of this Act.
[[Page 134 STAT. 1665]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$6,110,251,552, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2020, to remain available until expended; and, in addition,
$130,227,650,000, which shall become available on October 1, 2021, to
remain available until expended: Provided,
That <<NOTE: Reimbursement.>> not to exceed $20,115,000 of the amount
made available for fiscal year 2022 under this heading shall be
reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That <<NOTE: Reimbursement.>> such
sums as may be earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment the funding
of individual medical facilities for nursing home care provided to
pensioners as authorized: Provided further, That funds recovered
(including refunds and reimbursable activity) from fiscal year 2020
obligations and disbursements made with funds that became available on
October 1, 2019, as provided under this heading in title II of division
C of Public Law 115-244, shall be available until expended.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$14,946,618,000, which shall become available on October 1, 2021, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
[[Page 134 STAT. 1666]]
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $2,148,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2020, to remain available until expended; and, in
addition, $136,950,000, which shall become available on October 1, 2021,
to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2021, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $204,400,000.
vocational rehabilitation loans program account
For the cost of direct loans, $33,826, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,469,522.
In addition, for administrative expenses necessary to carry out the
direct loan program, $424,272, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $3,180,000,000: Provided,
That <<NOTE: Determination.>> expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the maximum
extent feasible, to become employable and to
[[Page 134 STAT. 1667]]
obtain and maintain suitable employment; or (2) to achieve maximum
independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this heading,
not to exceed 10 percent shall remain available until September 30,
2022.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code, loan
repayments authorized by section 604 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174;
38 U.S.C. 7681 note), monthly assistance allowances authorized by
section 322(d) of title 38, United States Code, grants authorized by
section 521A of title 38, United States Code, and administrative
expenses necessary to carry out sections 322(d) and 521A of title 38,
United States Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $497,468,000, which shall
be in addition to funds previously appropriated under this heading that
became available on October 1, 2020; and, in addition, $58,897,219,000,
plus reimbursements, shall become available on October 1, 2021, and
shall remain available until September 30, 2022: Provided, That, of the
amount made available on October 1, 2021, under this heading,
$1,500,000,000 shall remain available until September 30, 2023:
Provided further, That, <<NOTE: Priorities.>> notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who have
service-connected disabilities, lower income, or have special needs:
Provided further, That, <<NOTE: Priorities.>> notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, <<NOTE: Drugs and drug abuse. Requirements.>> notwithstanding any
other provision of law, the Secretary of Veterans Affairs may authorize
the dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall ensure
that sufficient amounts appropriated under this heading for medical
supplies and equipment are available for the acquisition of prosthetics
designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
[[Page 134 STAT. 1668]]
Department facilities, $1,380,800,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2020; and, in addition, $20,148,244,000, plus
reimbursements, shall become available on October 1, 2021, and shall
remain available until September 30, 2022: Provided, That, of the
amount made available on October 1, 2021, under this heading,
$2,000,000,000 shall remain available until September 30, 2023.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$300,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2020; and, in addition, $8,403,117,000, plus reimbursements, shall
become available on October 1, 2021, and shall remain available until
September 30, 2022: Provided, That, of the amount made available on
October 1, 2021, under this heading, $200,000,000 shall remain available
until September 30, 2023.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $150,000,000, which shall be in
addition to funds previously appropriated under this heading that became
available on October 1, 2020; and, in addition, $6,734,680,000, plus
reimbursements, shall become available on October 1, 2021, and shall
remain available until September 30, 2022: Provided, That, of the
amount made available on October 1, 2021, under this heading,
$350,000,000 shall remain available until September 30, 2023.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $815,000,000, plus reimbursements, shall remain
available until September 30, 2022: Provided, That the Secretary of
Veterans Affairs shall ensure that sufficient
[[Page 134 STAT. 1669]]
amounts appropriated under this heading are available for prosthetic
research specifically for female veterans, and for toxic exposure
research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $352,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2022.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $365,911,000, of which not to exceed 10 percent
shall remain available until September 30, 2022: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$196,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2022.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,912,000,000, plus
reimbursements: Provided, That $1,211,238,000 shall be for pay and
associated costs, of which not to exceed 3 percent shall remain
available until September 30, 2022: Provided further, That
$3,205,216,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2022:
Provided further, That
[[Page 134 STAT. 1670]]
$495,546,000 shall be for information technology systems development,
and shall remain available until September 30, 2022: Provided further,
That amounts made available for salaries and expenses, operations and
maintenance, and information technology systems development may be
transferred among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the ``Information
Technology Systems'' account for development may be transferred among
projects or to newly defined projects: Provided further,
That <<NOTE: Time period.>> no project may be increased or decreased by
more than $1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to make the
transfer and an approval is issued, or absent a response, a period of 30
days has elapsed: Provided further, That the funds made available under
this heading for information technology systems development shall be for
the projects, and in the amounts, specified under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans Electronic
Health Record system, including contractual costs associated with
operations authorized by section 3109 of title 5, United States Code,
and salaries and expenses of employees hired under titles 5 and 38,
United States Code, $2,627,000,000, to remain available until September
30, 2023: Provided, That <<NOTE: Reports.>> the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility, including any changes from the
deployment plan or schedule: Provided further, That the funds provided
in this account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided further,
That <<NOTE: Effective date. Certification. Deadline.>> 25 percent of
the funds made available under this heading shall not be available until
July 1, 2021, and are contingent upon the Secretary of Veterans Affairs
providing a certification within 7 days prior to that date to the
Committees on Appropriations of any changes to the deployment schedules.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $228,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2022.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for,
[[Page 134 STAT. 1671]]
including planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $1,316,000,000, of
which $980,638,000 shall remain available until September 30, 2025, and
of which $335,362,000 shall remain available until expended, of which
$180,198,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that would
otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided,
That <<NOTE: Notification.>> except for advance planning activities,
including needs assessments which may or may not lead to capital
investments, and other capital asset management related activities,
including portfolio development and management activities, and
investment strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration through the
land acquisition line item, none of the funds made available under this
heading shall be used for any project that has not been notified to
Congress through the budgetary process or that has not been approved by
the Congress through statute, joint resolution, or in the explanatory
statement accompanying such Act and presented to the President at the
time of enrollment: Provided further, That <<NOTE: Reimbursement.>>
such sums as may be necessary shall be available to reimburse the
``General Administration'' account for payment of salaries and expenses
of all Office of Construction and Facilities Management employees to
support the full range of capital infrastructure services provided,
including minor construction and leasing services: Provided further,
That <<NOTE: Contracts. Deadlines.>> funds made available under this
heading for fiscal year 2021, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2021; and (2) by the awarding of a construction contract
by September 30, 2022: Provided further, That <<NOTE: Reports.>> the
Secretary of Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or
[[Page 134 STAT. 1672]]
for the use of the Department of Veterans Affairs, including planning
and assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, $390,000,000, to
remain available until September 30, 2025, along with unobligated
balances of previous ``Construction, Minor Projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section:
Provided, That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $90,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2021 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That, <<NOTE: Time period.>>
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2021, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be
[[Page 134 STAT. 1673]]
transferred among the accounts: Provided, That <<NOTE: Notification.>>
any transfers among the ``Medical Services'', ``Medical Community
Care'', and ``Medical Support and Compliance'' accounts of 1 percent or
less of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided further,
That any transfers among the ``Medical Services'', ``Medical Community
Care'', and ``Medical Support and Compliance'' accounts in excess of 1
percent, or exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That any
transfers to or from the ``Medical Facilities'' account may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and ``Construction,
Minor Projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. <<NOTE: Reimbursement.>> No appropriations in this title
shall be available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons
receiving such treatment under sections 7901 through 7904 of title 5,
United States Code, or the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement
of the cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2020.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, during fiscal year 2021, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund
[[Page 134 STAT. 1674]]
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of title 38,
United States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That <<NOTE: Time period.>>
reimbursement shall be made only from the surplus earnings accumulated
in such an insurance program during fiscal year 2021 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance program exceeds
the amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of such surplus earnings:
Provided further, That <<NOTE: Determination. Time period.>> the
Secretary shall determine the cost of administration for fiscal year
2021 which is properly allocable to the provision of each such insurance
program and to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment Discrimination
Complaint Adjudication, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual costs but not
to exceed $60,096,000 for the Office of Resolution Management,
$6,100,000 for the Office of Employment Discrimination Complaint
Adjudication, and $5,294,000 for the Office of Diversity and Inclusion:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. <<NOTE: Disclosure. Reimbursement.>> No funds of the
Department of Veterans Affairs shall be available for hospital care,
nursing home care, or medical services provided to any person under
chapter 17 of title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title, unless that
person has disclosed to the Secretary of Veterans Affairs, in such form
as the Secretary may require, current, accurate third-party
reimbursement information for purposes of section 1729 of such title:
Provided, That the Secretary may recover, in the same manner as any
other debt due the United States, the reasonable charges for such care
or services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by the
Secretary during the fiscal year in which amounts are received.
[[Page 134 STAT. 1675]]
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, Major Projects''
and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. <<NOTE: Contracts. Alaska. Native Americans.>> The
Secretary of Veterans Affairs may enter into agreements with Federally
Qualified Health Centers in the State of Alaska and Indian tribes and
tribal organizations which are party to the Alaska Native Health Compact
with the Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. <<NOTE: Requirement. Compliance.>> The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the
Secretary. <<NOTE: Definition.>> The term ``rural Alaska'' shall mean
those lands which are not within the boundaries of the municipality of
Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. <<NOTE: Reports.>> Not later than 30 days after the end
of each fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
[[Page 134 STAT. 1676]]
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2021 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2021 for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and ``Information
Technology Systems'', up to $322,932,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section 1704
of the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That <<NOTE: Notification.>> additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That <<NOTE: Repeal. 133 Stat. 2799.>>
section 220 of title II of division F of Public Law 116-94 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of Veterans
Affairs which become available on October 1, 2021, for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $327,126,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That <<NOTE: Notification.>> additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
[[Page 134 STAT. 1677]]
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund shall remain available until
expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current
system by which the Veterans Integrated Service Networks select and
contract for diabetes monitoring supplies and equipment.
Sec. 224. <<NOTE: Notifications. Deadlines.>> The Secretary of
Veterans Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in a major construction project
that total at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That <<NOTE: Contracts.>>
such notification shall occur within 14 days of a contract identifying
the programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of Congress 14
days prior to the obligation of such bid savings and shall describe the
anticipated use of such savings.
Sec. 225. <<NOTE: Approval.>> None of the funds made available for
``Construction, Major Projects'' may be used for a project in excess of
the scope specified for that project in the original justification data
provided to the Congress as part of the request for appropriations
unless the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
Sec. 226. <<NOTE: Reports. Data.>> Not later than 30 days after the
end of each fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That, at a
minimum, the report shall include the direction contained
[[Page 134 STAT. 1678]]
in the section entitled ``Disability claims backlog'', under the heading
``General Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well as the
Board of Veterans Appeals on a quarterly basis.
Sec. 227. <<NOTE: Notification. Deadline.>> The Secretary of
Veterans Affairs shall provide written notification to the Committees on
Appropriations of both Houses of Congress 15 days prior to
organizational changes which result in the transfer of 25 or more full-
time equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. <<NOTE: Time period. Notification.>> The Secretary of
Veterans Affairs shall provide on a quarterly basis to the Committees on
Appropriations of both Houses of Congress notification of any single
national outreach and awareness marketing campaign in which obligations
exceed $1,000,000.
(including transfer of funds)
Sec. 229. <<NOTE: Determinations.>> The Secretary of Veterans
Affairs, upon determination that such action is necessary to address
needs of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations made
available for fiscal year 2021 in this title (except appropriations made
to the ``General Operating Expenses, Veterans Benefits Administration''
account) or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year 2021,
that were provided in advance by appropriations Acts: Provided, That
transfers shall be made only with the approval of the Office of
Management and Budget: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
provided by law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such authority to transfer may not be used unless for
higher priority items, based on emergent healthcare requirements, than
those for which originally appropriated and in no case where the item
for which funds are requested has been denied by Congress: Provided
further, That, upon determination that all or part of the funds
transferred from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That before
a transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2021, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits Administration''
accounts may be transferred between such accounts: Provided, That
before a transfer may take place, the
[[Page 134 STAT. 1679]]
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and receive approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram funds
among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38, United
States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) <<NOTE: Definitions.>> In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) <<NOTE: Study. Time period. Analysis. Data.>> The Secretary
of Veterans Affairs shall conduct a study on the effectiveness of the
hotline specified in subsection (a) during the 5-year period beginning
on January 1, 2016, based on an analysis of national suicide data and
data collected from such hotline.
(2) <<NOTE: Determinations.>> At a minimum, the study required by
paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services
from the hotline or mental health services from the Department
of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the hotline
who are not referred to, or do not continue receiving, mental
health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. <<NOTE: Effective date. Time period.>> Effective during
the period beginning on October 1, 2018 and ending on January 1, 2024,
none of the funds made available to the Secretary of Veterans Affairs by
this or any other Act may be obligated or expended in contravention of
the ``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's Screening for
Breast Cancer Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and
Disease Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
[[Page 134 STAT. 1680]]
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II or
III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
[[Page 134 STAT. 1681]]
Sec. 237. <<NOTE: Consultation. Deadlines. 38 USC 5701 note
prec.>> (a) Except as provided in subsection (b), the Secretary of
Veterans Affairs, in consultation with the Secretary of Defense and the
Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of the
Department of Veterans Affairs if and only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of Public Law 116-94.
Sec. 238. <<NOTE: Applicability.>> For funds provided to the
Department of Veterans Affairs for each of fiscal year 2021 and 2022 for
``Medical Services'', section 239 of division A of Public Law 114-223
shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2021 and fiscal year 2022 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans Affairs
to enter into an agreement related to resolving a dispute or claim with
an individual that would restrict in any way the individual from
speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense or
the conduct of foreign affairs.
Sec. 242. <<NOTE: Applicability.>> For funds provided to the
Department of Veterans Affairs for each of fiscal year 2021 and 2022,
section 258 of division A of Public Law 114-223 shall apply.
Sec. 243. <<NOTE: Records.>> (a) None of the funds appropriated or
otherwise made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, documents,
or other materials available to the department or agency of the United
States Government over which such Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede the access of such Inspector General to such records,
documents, or other materials, under any provision of law, except a
provision of law that expressly refers to such Inspector General and
expressly limits the right of access of such Inspector General.
(b) A department or agency covered by this section shall provide its
Inspector General access to all records, documents, and other materials
in a timely manner.
[[Page 134 STAT. 1682]]
(c) <<NOTE: Compliance.>> Each Inspector General covered by this
section shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) <<NOTE: Reports.>> Each Inspector General covered by this
section shall report to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives
within 5 calendar days of any failure by any department or agency
covered by this section to comply with this section.
Sec. 244. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care at
medical facilities of the Department of Veterans Affairs.
Sec. 245. <<NOTE: Notification. Proposals. Time period.>> None of
the funds appropriated or otherwise made available by this Act to the
Veterans Health Administration may be used in fiscal year 2021 to
convert any program which received specific purpose funds in fiscal year
2020 to a general purpose funded program unless the Secretary of
Veterans Affairs submits written notification of any such proposal to
the Committees on Appropriations of both Houses of Congress at least 30
days prior to any such action and an approval is issued by the
Committees.
Sec. 246. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2021 and 2022,
section 248 of division A of Public Law 114-223 shall apply.
Sec. 247. (a) <<NOTE: Effective date. 38 USC 303 note.>> None of
the funds appropriated or otherwise made available by this Act may be
used to conduct research commencing on or after October 1, 2019, that
uses any canine, feline, or non-human primate unless the Secretary of
Veterans Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) <<NOTE: Effective date. Determination.>> The Secretary of
Veterans Affairs may approve the conduct of research commencing on or
after October 1, 2019, using canines, felines, or non-human primates if
the Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If <<NOTE: Reports.>> the Secretary approves any new research
pursuant to subsection (b), not later than 30 days before the
commencement of such research, the Secretary shall submit to the
Committees on Appropriations of the Senate and House of Representatives
a report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
[[Page 134 STAT. 1683]]
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) <<NOTE: Reports.>> Not later than 180 days after the date of the
enactment of this Act, and biannually thereafter, the Secretary shall
submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) <<NOTE: Deadlines. Plan.>> Not later than December 31, 2021, the
Secretary shall submit to such Committees an updated plan under which
the Secretary will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than 5 years after
the date of enactment of Public Law 116-94.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38, United
States Code, does not exceed 125 veterans to one full-time employment
equivalent.
(b) <<NOTE: Reports.>> Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including--
(1) <<NOTE: Assessment.>> an assessment of the veteran-to-
staff ratio for each such program; and
(2) <<NOTE: Recommenda- tions.>> recommendations for such
action as the Secretary considers necessary to reduce the
veteran-to-staff ratio for each such program.
Sec. 249. <<NOTE: New York. Market assessment.>> None of the funds
made available by this Act may be used by the Secretary of Veterans
Affairs to close the community based outpatient clinic located in
Bainbridge, New York, until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of the House of Representatives and the
Senate a market area assessment.
Sec. 250. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2021 and 2022 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 251. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 252. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2021, in this or any other Act, under
the ``Veterans Health Administration--Medical Services'', ``Veterans
Health Administration--Medical Community Care'', ``Veterans Health
Administration--Medical Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts,
[[Page 134 STAT. 1684]]
$660,691,000 shall be made available for gender-specific care for women.
Sec. 253 (a) <<NOTE: Deadline.>> Plan Required.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate committees of Congress
a plan to reduce the chances that clinical mistakes by employees of the
Department of Veterans Affairs will result in adverse events that
require institutional or clinical disclosures and to prevent any
unnecessary hardship for patients and families impacted by such adverse
events.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) A description of a process for the timely identification
of individuals impacted by disclosures described in subsection
(a) and the process for contacting those individuals or their
next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process of
the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated pursuant
to the plan.
(5) <<NOTE: Timeline.>> A timeline detailing the
implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning
and that result in disclosures and to ensure that the medical
impact on veterans of such disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of
Representatives.
(rescissions of funds)
Sec. 254. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Veterans Benefits Administration, General Operating
Expenses, Veterans Benefits Administration'', $16,000,000;
``Veterans Health Administration, Medical Services'',
$100,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $15,000,000;
[[Page 134 STAT. 1685]]
``Veterans Health Administration, Medical and Prosthetic
Research'', $20,000,000;
``Departmental Administration, General Administration'',
$12,000,000;
``Departmental Administration, Information Technology
Systems'', $37,500,000;
``Departmental Administration, Veterans Electronic Health
Record'', $20,000,000; and
``Departmental Administration, Construction, Minor
Projects'', $35,700,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $84,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $37,100,000: Provided, That
$3,286,509 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-229.
[[Page 134 STAT. 1686]]
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $81,815,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2023. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,300,000, to remain available until
September 30, 2022, of which $9,000,000 shall remain available until
expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds available in
the Armed Forces Retirement Home Trust Fund, $22,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 7727 are appropriated and shall be available until
expended to support activities at the Army National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$16,111,000, to remain available until September 30, 2025, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1687]]
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $70,020,000, to remain available until September 30,
2025, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$263,869,000, to remain available until September 30, 2025, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. <<NOTE: Classified information. List. Time period.>> None
of the funds appropriated for military construction projects outside the
United States under this title may be obligated or expended for planning
and design of any project associated with the European Deterrence
Initiative until the Secretary of Defense develops and submits to the
congressional defense committees, in a classified and unclassified
format, a list of all of the military construction projects associated
with the European Deterrence Initiative which the Secretary anticipates
will be carried out during each of the fiscal years 2022 through 2026.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 504. <<NOTE: Reports. Notifications.>> Unless stated
otherwise, all reports and notifications required by this Act shall be
submitted to the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military Construction
and Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
[[Page 134 STAT. 1688]]
the United States Government except pursuant to a transfer made by, or
transfer authority provided in, this or any other appropriations Act.
Sec. 506. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 507. <<NOTE: Web posting. Public
information. Reports. Determinations.>> (a) Any agency receiving funds
made available in this Act, shall, subject to subsections (b) and (c),
post on the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 508. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 509. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by an
employee of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 510. <<NOTE: Contracts.>> None of the funds made available in
this Act may be used to execute a contract for goods or services,
including construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 512. (a) <<NOTE: Detainees. Cuba.>> In General.--None of the
funds appropriated or otherwise made available to the Department of
Defense in this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions to house
any individual detained at United States Naval Station, Guantanamo Bay,
Cuba, for the purposes of detention or imprisonment in the custody or
under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
[[Page 134 STAT. 1689]]
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 513. <<NOTE: Grants.>> Title X of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136) <<NOTE: Ante, p. 584.>> is amended under the heading ``Department
of Veterans Affairs--Departmental Administration--Grants for
Construction of State Extended Care Facilities'' by striking ``including
to modify or alter existing hospital, nursing home, and domiciliary
facilities in State homes: Provided,'' and inserting in lieu thereof the
following: ``which shall be for modifying or altering existing hospital,
nursing home, and domiciliary facilities in State homes or for
previously awarded projects, for covering construction cost increases
due to the coronavirus: Provided, That the Secretary shall conduct a new
competition or competitions to award grants to States using funds
provided under this heading in this Act: Provided
further, <<NOTE: Reimbursement.>> That such grants may be made to
reimburse States for the costs of modifications or alterations that have
been initiated or completed before an application for a grant under this
section is approved by the Secretary: Provided further, That such grants
may be made to assist States with covering increased construction and
construction administration costs as a result of the coronavirus that
will or have occurred on previously awarded projects: Provided further,
That the use of funds provided under this heading in this Act shall not
be subject to state matching fund requirements, application
requirements, cost thresholds, priority lists, deadlines, award dates
under sections 8134 and 8135 of title 38, United States Code, and part
59 of chapter I of title 38, Code of Federal Regulations, and shall not
be subject to requirements of section 501(d) of title 38, United States
Code: Provided further, That the Secretary may establish and adjust
rolling deadlines for applications for such grants and may issue
multiple rounds of application periods for the award of such grants
under this section: Provided further,'': Provided, That amounts
repurposed pursuant to this section that were previously designated by
the Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 514. <<NOTE: Transfer authority.>> Of the unobligated balances
available to the Department of Veterans Affairs from title X of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) for ``Veterans Health Administration, Medical Services'', funds
may be transferred to the following accounts in the amounts specified:
``General Operating Expenses, Veterans Benefits
Administration'', up to $140,000,000;
``National Cemetery Administration'', up to $26,000,000; and
``Departmental Administration, Board of Veterans Appeals'',
up to $1,000,000:
Provided, That the transferred funds shall be used for personnel costs
and other expenses to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the elimination of backlogs
that may have occurred: Provided further, That the transferred funds
shall be in addition to any other funds made
[[Page 134 STAT. 1690]]
available for this purpose: Provided further, That the transferred
funds may not be used to increase the number of full-time equivalent
positions: Provided further, That the amounts transferred in this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 515. <<NOTE: Transfer authority.>> Of the unobligated balances
available to the Department of Veterans Affairs from title X of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) for ``Veterans Health Administration, Medical Services'', funds
may be transferred to the following accounts in the amounts specified:
``General Operating Expenses, Veterans Benefits
Administration'', up to $198,000,000; and
``Departmental Administration, Information Technology
Systems'', up to $45,000,000:
Provided, That the transferred funds shall be used to prevent, prepare
for, and respond to coronavirus, domestically or internationally, to
improve the Veterans Benefits Administration's education systems,
including implementation of changes to chapters 30 through 36 of part
III of title 38, United States Code in the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48), in a bill to
authorize the Secretary of Veterans Affairs to treat certain programs of
education converted to distance learning by reason of emergencies and
health-related situations in the same manner as programs of education
pursued at educational institutions, and for other purposes (Public Law
116-128), and in the Student Veteran Coronavirus Response Act of 2020
(Public Law 116-140): Provided further, That funds transferred to
``Departmental Administration, Information Technology Systems'' pursuant
to this section shall be transferred to the information technology
systems development subaccount: Provided further, That the transferred
funds shall be in addition to any other funds made available for this
purpose: Provided further, That the amounts transferred in this section
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 516. Section 20013(b) of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) <<NOTE: Ante, p. 589.>> is
amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as so
redesignated, by inserting ``(1)'' before ``In the case''; and
(3) by adding at the end the following: ``(2) If the
Secretary waives any limit on grant amounts or rates for per
diem payments under paragraph (1), notwithstanding section
2012(a)(2)(B) of such title, the maximum rate for per diem
payments described in paragraph (1)(B) shall be three times the
rate authorized for State homes for domiciliary care under
section 1741 of such title.'':
[[Page 134 STAT. 1691]]
Provided, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 517. <<NOTE: Transfer authority.>> Of the unobligated balances
available to the Department of Veterans Affairs from title X of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) for ``Veterans Health Administration, Medical Services'', up to
$100,000,000 may be transferred to ``Veterans Health Administration,
Medical Community Care'': Provided, That funds transferred pursuant to
this section shall be used to provide a one-time emergency payment to
existing State Extended Care Facilities for Veterans to prevent, prepare
for, and respond to coronavirus: Provided further, That such payments
shall be in proportion to each State's share of the total resident
capacity in such facilities as of the date of enactment of this Act
where such capacity includes only veterans on whose behalf the
Department pays a per diem payment pursuant to 38 U.S.C. 1741 or 1745:
Provided further, That the amounts transferred in this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2021''.
DIVISION <<NOTE: Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021.>> K--DEPARTMENT OF STATE, FOREIGN
OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,170,013,000, of which
$757,367,000 may remain available until September 30, 2022, and of which
up to $4,120,899,000 may remain available until expended for Worldwide
Security Protection: Provided, That of the amount made available under
this heading for Worldwide Security Protection, $2,226,122,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That <<NOTE: Allocations.>> funds made available under this heading
shall be allocated in accordance with paragraphs (1) through (4) as
follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification
[[Page 134 STAT. 1692]]
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$2,990,820,000, of which up to $534,782,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,808,415,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State, including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation, and disarmament activities as authorized,
$763,428,000.
(4) Security programs.--For necessary expenses for security
activities, $3,607,350,000, of which up to $3,586,117,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs
(1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading
for Worldwide Security Protection, not to exceed
$50,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'',
to be available only for emergency evacuations and
rewards, as authorized: Provided,
That <<NOTE: Consultation.>> the exercise of the
authority provided by this subparagraph shall be subject
to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
[[Page 134 STAT. 1693]]
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $250,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until September
30, 2022: Provided, That funds appropriated under this heading are made
available notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, to
remain available until September 30, 2022, which is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading that are made available for the printing
and reproduction costs of SIGAR shall not exceed amounts for such costs
during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $740,300,000, to remain available until
expended, of which not less than $274,000,000 shall be for the Fulbright
Program and not less than $113,860,000 shall be for Citizen Exchange
Program: Provided, That fees or other payments received from, or in
connection with, English teaching, educational advising and counseling
programs, and exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided further,
That <<NOTE: Fellowships and scholarships. Consultation.>> a portion of
the Fulbright awards from the Eurasia and Central Asia regions shall be
designated as Edmund S. Muskie Fellowships, following consultation with
the Committees on Appropriations: Provided further, That funds
appropriated under this heading that are made available for the Benjamin
Gilman International Scholarships Program shall also be made available
for the John S. McCain Scholars Program, pursuant to section 7075 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6): Provided
further, That funds appropriated under this heading shall be made
available for the Community Engagement Exchange Program as described
under the heading ``Civil Society Exchange Program'' in Senate Report
116-126: Provided further, That <<NOTE: Consultation. Notification.>>
any substantive modifications from the prior fiscal year to programs
funded by this Act under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
[[Page 134 STAT. 1694]]
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2022.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $769,055,000, to remain
available until September 30, 2025, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,181,394,000, to remain
available until expended, of which $824,287,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $2,500,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$6,311,992.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $2,743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
[[Page 134 STAT. 1695]]
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations <<NOTE: 22 USC 269a note.>>
contributions to international organizations
For <<NOTE: United Nations. Notifications.>> necessary expenses,
not otherwise provided for, to meet annual obligations of membership in
international multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions, or
specific Acts of Congress, $1,505,928,000, of which $96,240,000, to
remain available until September 30, 2022, is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That <<NOTE: Budget.>> the Secretary of
State shall, at the time of the submission of the President's budget to
Congress under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial budget
prepared by the United Nations for the operations of the United Nations:
Provided further, That <<NOTE: Time period.>> the Secretary of State
shall notify the Committees on Appropriations at least 15 days in
advance (or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the United
Nations budget: Provided further, That any payment of arrearages under
this heading shall be directed to activities that are mutually agreed
upon by the United States and the respective international organization
and shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of the funds
appropriated under this heading shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities <<NOTE: United
Nations.>>
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,456,314,000, of
which $705,994,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That of the funds made available under this
heading, up to $818,542,000 may remain available until September 30,
2022: Provided further, That <<NOTE: Time period. Notifications. Cost
estimates.>> none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission, the
objectives of the mission, the national interest that will be
[[Page 134 STAT. 1696]]
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That <<NOTE: Certification. Reports. Human
rights. Public information. Web posting.>> none of the funds
appropriated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and peacekeeping
troops serving in such mission from trafficking in persons, exploiting
victims of trafficking, or committing acts of sexual exploitation and
abuse or other violations of human rights, and to hold accountable
individuals who engage in such acts while participating in such mission,
including prosecution in their home countries and making information
about such prosecutions publicly available on the website of the United
Nations: Provided further, That <<NOTE: Procedures. Human rights.>>
the Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective
vetting procedures to ensure that such troops have not violated human
rights: <<NOTE: Determination.>> Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further,
That <<NOTE: President. Recommenda- tions.>> none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further,
That <<NOTE: Notification.>> any payment of arrearages with funds
appropriated by this Act shall be subject to the regular notification
procedures of the Committees on Appropriations.
International Commissions <<NOTE: 22 USC 269a note.>>
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For <<NOTE: Compliance.>> necessary expenses for the United States
Section of the International Boundary and Water Commission, United
States and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for representation
expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $49,770,000,
of which $7,466,000 may remain available until September 30, 2022.
[[Page 134 STAT. 1697]]
construction
For detailed plan preparation and construction of authorized
projects, $49,000,000, to remain available until expended, as
authorized: Provided, That <<NOTE: Transfer
authority. Consultation. Notification.>> of the funds appropriated
under this heading in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs for
the United States Section, except for funds designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, up to
$5,000,000 may be transferred to, and merged with, funds appropriated
under the heading ``Salaries and Expenses'' to carry out the purposes of
the United States Section, which shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations: Provided further, That such transfer authority is in
addition to any other transfer authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for technical
assistance grants and the Community Assistance Program of the North
American Development Bank, $15,008,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2022, and up to
$9,000 may be made available for representation expenses: Provided
further, That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $62,846,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for Global
Media (USAGM), as authorized, to carry out international communication
activities, and to make and supervise grants for radio, Internet, and
television broadcasting to the Middle East, $793,257,000: Provided,
That in addition to amounts otherwise available for such purposes, up to
$40,708,000 of the amount appropriated under this heading may remain
available until expended for satellite transmissions and Internet
freedom programs, of which not less than $20,000,000 shall be for
Internet freedom programs:
[[Page 134 STAT. 1698]]
Provided further, That of the total amount appropriated under this
heading, not to exceed $35,000 may be used for representation expenses,
of which $10,000 may be used for such expenses within the United States
as authorized, and not to exceed $30,000 may be used for representation
expenses of Radio Free Europe/Radio Liberty: Provided further, That
funds appropriated under this heading shall be allocated in accordance
with the table included under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That <<NOTE: Notification.>>
notwithstanding the previous proviso, funds may be reprogrammed within
and between amounts designated in such table, subject to the regular
notification procedures of the Committees on Appropriations, except that
no such reprogramming may reduce a designated amount by more than 5
percent: Provided further, That funds appropriated under this heading
shall be made available in accordance with the principles and standards
set forth in section 303(a) and (b) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act
(22 U.S.C. 6204): Provided further,
That <<NOTE: Notification. Deadline. Determination. Terrorism.>> the
USAGM Chief Executive Officer shall notify the Committees on
Appropriations within 15 days of any determination by the USAGM that any
of its broadcast entities, including its grantee organizations, provides
an open platform for international terrorists or those who support
international terrorism, or is in violation of the principles and
standards set forth in section 303(a) and (b) of such Act or the
entity's journalistic code of ethics: Provided further, That in
addition to funds made available under this heading, and notwithstanding
any other provision of law, up to $5,000,000 in receipts from
advertising and revenue from business ventures, up to $500,000 in
receipts from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes: Provided
further, That <<NOTE: Notification.>> significant modifications to
USAGM broadcast hours previously justified to Congress, including
changes to transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all USAGM language services shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That <<NOTE: Transfer authority.>>
up to $7,000,000 from the USAGM Buying Power Maintenance account may be
transferred to, and merged with, funds appropriated by this Act under
the heading ``International Broadcasting Operations'', which shall
remain available until expended: Provided further,
That <<NOTE: Consultation. Notification.>> such transfer authority is
in addition to any transfer authority otherwise available under any
other provision of law and shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
[[Page 134 STAT. 1699]]
purposes, $9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until
expended: Provided, That <<NOTE: Apportionment. Deadline.>> funds
appropriated under this heading shall be apportioned and obligated to
the Foundation not later than 60 days after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $45,000,000, to remain available until September 30, 2022,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2021, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2021, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2021, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for
[[Page 134 STAT. 1700]]
Cultural and Technical Interchange Between East and West in the State of
Hawaii, $19,700,000: Provided, That <<NOTE: Apportionment. Deadline.>>
funds appropriated under this heading shall be apportioned and obligated
to the Center not later than 60 days after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy Act
(22 U.S.C. 4412), $300,000,000, to remain available until expended, of
which $195,840,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $104,160,000 shall be for
democracy programs: Provided, That the requirements of section 7061(a)
of this Act shall not apply to funds made available under this heading:
Provided further, That <<NOTE: Apportionment. Deadline.>> funds
appropriated under this heading shall be apportioned and obligated to
the Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That <<NOTE: Termination date.>> such authority shall terminate on
October 1, 2021: Provided further, That <<NOTE: Notification.>> the
Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,500,000, to remain available until September 30, 2022, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
$2,908,000, including not more than $4,000 for representation expenses,
to remain available until September 30, 2022.
[[Page 134 STAT. 1701]]
Congressional-executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2022.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2022:
Provided, That <<NOTE: Extension. Applicability.>> the authorities,
requirements, limitations, and conditions contained in the second
through sixth provisos under this heading in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) shall continue in effect during
fiscal year 2021 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,377,747,000, of which up to
$206,662,000 may remain available until September 30, 2022: Provided,
That <<NOTE: Contracts. Reports.>> none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund'' in this
title may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified such proposed
use of funds in a report submitted to the Committees on Appropriations
at least 15 days prior to the obligation of funds for such purposes:
Provided further, That <<NOTE: Contracts.>> contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the following
fiscal year: Provided further, That <<NOTE: Transfer authority.>> the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to ``Operating
Expenses'' in accordance with the provisions of those sections:
Provided further, That of the funds appropriated or made available under
this
[[Page 134 STAT. 1702]]
heading, not to exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses, and not to exceed $100,500 shall be for
official residence expenses, for USAID during the current fiscal year:
Provided further, That <<NOTE: Reports.>> the USAID Administrator shall
submit a report to the Committees on Appropriations not later than 60
days after enactment of this Act on changes to the account structure as
described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $258,200,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further,
That <<NOTE: Notification.>> funds appropriated under this heading
shall be available subject to the regular notification procedures of the
Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $75,500,000, of which up to
$11,325,000 may remain available until September 30, 2022, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For <<NOTE: Apportionment. Deadline.>> necessary expenses to carry
out the provisions of chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961, for global health activities, in addition to
funds otherwise available for such purposes, $3,265,950,000, to remain
available until September 30, 2022, and which shall be apportioned
directly to the United States Agency for International Development not
later than 60 days after enactment of this Act: Provided, That this
amount shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and
organizations in developing countries, and for such activities as: (1)
child survival and maternal health programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and children, and
related education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS;
[[Page 134 STAT. 1703]]
(5) programs for the prevention, treatment, control of, and research on
HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to communities
severely affected by HIV/AIDS, including children infected or affected
by AIDS; (6) disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to, unanticipated and
emerging global health threats, including zoonotic diseases; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to The GAVI Alliance: Provided further,
That <<NOTE: Determination. Abortion. Sterilization.>> none of the
funds made available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That <<NOTE: Deadline.>>
any determination made under the previous proviso must be made not later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That <<NOTE: Abortion.>> none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further,
That <<NOTE: Lobbying. Abortion.>> none of the funds made available
under this Act may be used to lobby for or against abortion: Provided
further, That <<NOTE: Family planning. Requirements.>> in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer, either
directly or through referral to, or information about access to, a broad
range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and
(5) <<NOTE: Determination. Reports.>> the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which participants
are advised of potential risks and benefits; and, not less than 60 days
after the date on which the
[[Page 134 STAT. 1704]]
USAID Administrator determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator shall
submit to the Committees on Appropriations a report containing a
description of such violation and the corrective action taken by the
Agency: Provided further,
That <<NOTE: Grants. Discrimination. Compliance.>> in awarding grants
for natural family planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating funds
for the Department of State, foreign operations, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public health
benefits and failure rates of such use.
In <<NOTE: Apportionment. Deadline.>> addition, for necessary
expenses to carry out the provisions of the Foreign Assistance Act of
1961 for the prevention, treatment, and control of, and research on,
HIV/AIDS, $5,930,000,000, to remain available until September 30, 2025,
which shall be apportioned directly to the Department of State not later
than 60 days after enactment of this Act: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding
any other provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
25), for a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $1,560,000,000 and shall be for the
second installment of the sixth replenishment: Provided further,
That <<NOTE: Notification.>> up to 5 percent of the aggregate amount of
funds made available to the Global Fund in fiscal year 2021 may be made
available to USAID for technical assistance related to the activities of
the Global Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this paragraph, up to $17,000,000 may be made
available, in addition to amounts otherwise available for such purposes,
for administrative expenses of the Office of the United States Global
AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $3,500,000,000, to remain available
until September 30, 2022: Provided,
That <<NOTE: Apportionment. Deadline.>> funds made available under this
heading shall be apportioned directly to the United States Agency for
International Development not later than 60 days after enactment of this
Act.
[[Page 134 STAT. 1705]]
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $4,395,362,000, to remain
available until expended, of which $1,914,041,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided,
That <<NOTE: Apportionment. Deadline.>> funds made available under this
heading shall be apportioned to the United States Agency for
International Development not later than 60 days after enactment of this
Act.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That <<NOTE: Reports.>> the USAID Administrator shall
submit a report to the Committees on Appropriations at least 5 days
prior to beginning a new, or terminating a, program of assistance:
Provided further, That <<NOTE: Determination.>> if the Secretary of
State determines that it is important to the national interest of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That <<NOTE: Consultation.>> funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section 509(b)
of the Global Fragility Act of 2019 (title V of division J of Public Law
116-94), $30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available
notwithstanding any other provision of law, except sections 7007, 7008,
and 7018 of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That <<NOTE: Apportionment. Deadline.>> funds
appropriated under this heading shall be apportioned to the United
States Agency for International Development not later than 60 days after
enactment of this Act.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,151,963,000, to remain
available until September 30, 2022.
[[Page 134 STAT. 1706]]
democracy fund
For <<NOTE: Apportionment. Deadline.>> necessary expenses to carry
out the provisions of the Foreign Assistance Act of 1961 for the
promotion of democracy globally, including to carry out the purposes of
section 502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$190,450,000, to remain available until September 30, 2022, which shall
be made available for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights, and Labor, Department of State, and shall be
apportioned to such Bureau not later than 60 days after enactment of
this Act: Provided, That funds appropriated under this heading that are
made available to the National Endowment for Democracy and its core
institutes are in addition to amounts otherwise available by this Act
for such purposes: Provided further, That <<NOTE: Consultation.>> the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the initial obligation of funds appropriated under this paragraph.
For <<NOTE: Apportionment. Deadline.>> an additional amount for
such purposes, $100,250,000, to remain available until September 30,
2022, which shall be made available for the Bureau for Development,
Democracy, and Innovation, United States Agency for International
Development, and shall be apportioned to such Bureau not later than 60
days after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $770,334,000, to remain available until September
30, 2022, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C.
5402), in addition to funds otherwise available for such purposes:
Provided, That funds appropriated by this Act under the headings
``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of economic
assistance: Provided further, That <<NOTE: Notification.>> funds
appropriated under this heading may be made available for contributions
to multilateral initiatives to counter hybrid threats: Provided
further, That any notification of funds made available under this
heading in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs shall
include information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority: Provided
further, That <<NOTE: Notification.>> if subsequent to the notification
of assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the
[[Page 134 STAT. 1707]]
extent practicable: Provided further, That <<NOTE: Transfer
authority.>> of the funds appropriated under this heading, not less
than $2,000,000, to remain available until expended, shall be
transferred to, and merged with, funds appropriated by this Act under
the heading ``Economic Support Fund'' for joint dialogues in support of
the Eastern Mediterranean Partnership in the manner specified under this
heading in House Report 116-444: Provided further, That such funds
shall be administered by, and under the policy direction of, the
coordinator designated pursuant to section 102 of the FREEDOM Support
Act and section 601 of the SEED Act of 1989.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,432,000,000, to remain
available until expended, of which: $1,701,417,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; not less than $35,000,000 shall
be made available to respond to small-scale emergency humanitarian
requirements; and $5,000,000 shall be made available for refugees
resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)),
$100,000, to remain available until expended: Provided,
That <<NOTE: Transfer authority.>> amounts in excess of the limitation
contained in paragraph (2) of such section shall be transferred to, and
merged with, funds made available by this Act under the heading
``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $410,500,000, of which $6,330,000 is for
the Office of Inspector General, to remain available until September 30,
2022: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by section 16
of the Peace Corps Act (22 U.S.C.
[[Page 134 STAT. 1708]]
2515), an amount not to exceed $5,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not to
exceed $104,000 may be available for representation expenses, of which
not to exceed $4,000 may be made available for entertainment expenses:
Provided further, That <<NOTE: Consultation.>> in addition to the
requirements under section 7015(a) of this Act, the Peace Corps shall
consult with the Committees on Appropriations prior to any decision to
open, close, or suspend a domestic or overseas office or a country
program unless there is a substantial risk to volunteers or other Peace
Corps personnel: Provided further, That <<NOTE: Abortion.>> none of
the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That <<NOTE: Applicability.>>
notwithstanding the previous proviso, section 614 of division E of
Public Law 113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $912,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $112,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation:
Provided further, That <<NOTE: Applicability.>> section 605(e) of the
MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this
heading: Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact entered into
pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That of the
funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $38,000,000, to remain available
until September 30, 2022: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$33,000,000, to remain available until September 30, 2022, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may
[[Page 134 STAT. 1709]]
be invested pending expenditure for project purposes when authorized by
the Board of Directors of the United States African Development
Foundation (USADF): Provided further, That interest earned shall be
used only for the purposes for which the grant was made: Provided
further, That <<NOTE: Waiver authority.>> notwithstanding section
505(a)(2) of the African Development Foundation Act (22 U.S.C. 290h-
3(a)(2)), in exceptional circumstances the Board of Directors of the
USADF may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency fluctuation:
Provided further, That <<NOTE: Reports.>> the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in Africa as
may be necessary to carry out its functions: Provided further, That the
USADF may maintain bank accounts outside the United States Treasury and
retain any interest earned on such accounts, in furtherance of the
purposes of the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the Treasury
prior to the need of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $33,000,000, to remain available
until expended, of which not more than $6,600,000 may be used for
administrative expenses: Provided, That <<NOTE: Contracts.>> amounts
made available under this heading may be made available to contract for
services as described in section 129(d)(3)(A) of the Foreign Assistance
Act of 1961, without regard to the location in which such services are
performed.
debt restructuring
<<NOTE: President. Determination.>> For the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the cost of
selling, reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant to
part V of the Foreign Assistance Act of 1961, $15,000,000, to remain
available until September 30, 2023.
<<NOTE: President. Determination.>> In addition, for the costs, as
defined in section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees for Somalia or credits extended to
Somalia, as the President may determine, including the cost of selling,
reducing, or cancelling amounts owed to the United States, in the event
that Somalia has met the domestic and internationally-agreed conditions
and such modification is consistent with United States law and foreign
policy considerations, $78,000,000, to remain available until expended,
which may be used notwithstanding any other provision of law: Provided,
That <<NOTE: Consultation. Notification.>> funds made available by this
paragraph shall be subject to prior consultation with the appropriate
[[Page 134 STAT. 1710]]
congressional committees and subject to the regular notification
procedures of the Committees on Appropriations.
In addition, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan guarantees
for or credits extended to Sudan, $111,000,000, to remain available
until expended, which may be used notwithstanding any other provision of
law, in the event Sudan meets the domestic and internationally agreed
conditions and the modifications are consistent with United States law
and foreign policy considerations.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
<<NOTE: Notifications.>> For necessary expenses to carry out
section 481 of the Foreign Assistance Act of 1961, $1,385,573,000, to
remain available until September 30, 2022: Provided, That the
Department of State may use the authority of section 608 of the Foreign
Assistance Act of 1961, without regard to its restrictions, to receive
excess property from an agency of the United States Government for the
purpose of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated under this heading, except
that any funds made available notwithstanding such section shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated under this
heading shall be made available to support training and technical
assistance for foreign law enforcement, corrections, judges, and other
judicial authorities, utilizing regional partners: Provided further,
That funds made available under this heading that are transferred to
another department, agency, or instrumentality of the United States
Government pursuant to section 632(b) of the Foreign Assistance Act of
1961 valued in excess of $5,000,000, and any agreement made pursuant to
section 632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $889,247,000, to remain
available until September 30, 2022, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act
[[Page 134 STAT. 1711]]
(22 U.S.C. 2763), or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of
small arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign Assistance
Act of 1961 for a United States contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, That <<NOTE: Consultation. Notification.>> funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, to promote bilateral
and multilateral activities relating to nonproliferation, disarmament,
and weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security interest
of the United States to do so: Provided further,
That <<NOTE: Determination. Israel.>> funds appropriated under this
heading may be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in the
activities of that Agency: Provided further,
That <<NOTE: Notification.>> funds made available for conventional
weapons destruction programs, including demining and related activities,
in addition to funds otherwise available for such purposes, may be used
for administrative expenses related to the operation and management of
such programs and activities, subject to the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $440,759,000, of which $325,213,000,
to remain available until September 30, 2022, is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of the Foreign Assistance Act of 1961, to provide assistance to enhance
the capacity of foreign civilian security forces, including gendarmes,
to participate in peacekeeping operations: Provided further, That of
the funds appropriated under this heading, not less than $25,000,000
shall be made available for a United States contribution to the
Multinational Force and Observers mission in the Sinai and not less than
$71,000,000 shall be made available for the Global Peace Operations
Initiative: Provided further, That <<NOTE: Somalia.>> funds
appropriated under this heading may be made available to pay assessed
expenses of international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds appropriated by this
Act under the heading ``Contributions for International Peacekeeping
Activities'': Provided further, That <<NOTE: Notification.>> none of
the funds appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the Committees
on Appropriations.
[[Page 134 STAT. 1712]]
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $112,925,000, of which up to
$56,463,000 may remain available until September 30, 2022: Provided,
That the civilian personnel for whom military education and training may
be provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That
of <<NOTE: Consultation. Notification.>> the funds appropriated under
this heading, up to $3,000,000 may remain available until expended to
increase the participation of women in programs and activities funded
under this heading, following consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, not to
exceed $50,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,175,524,000, of which $576,909,000, to remain available
until September 30, 2022, is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: <<NOTE: Consultation. Notification. Contracts.>>
Provided, That to expedite the provision of assistance to foreign
countries and international organizations, the Secretary of State,
following consultation with the Committees on Appropriations and subject
to the regular notification procedures of such Committees, may use the
funds appropriated under this heading to procure defense articles and
services to enhance the capacity of foreign security forces: Provided
further, That <<NOTE: Disbursement. Deadline.>> of the funds
appropriated under this heading, not less than $3,300,000,000 shall be
available for grants only for Israel which shall be disbursed within 30
days of enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $795,300,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That funds
appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None <<NOTE: Contracts.>> of the funds made available under this
heading shall be available to finance the procurement of defense
articles, defense services, or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement has
first signed an agreement with the United States Government specifying
the conditions under which such procurement may be
[[Page 134 STAT. 1713]]
financed with such funds: <<NOTE: Notification.>> Provided, That all
country and funding level increases in allocations shall be submitted
through the regular notification procedures of section 7015 of this Act:
Provided further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services, or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: <<NOTE: Notification.>> Provided further, That not more than
$70,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not to
exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation
expenses: <<NOTE: Notification.>> Provided further, That not more than
$1,137,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal year 2021
pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, $387,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That <<NOTE: Deadline. Consultation. Notification.>> not later than 60
days after enactment of this Act, such funds shall be made available for
core contributions for each entity listed in the table under this
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) unless otherwise
provided for in this Act, or if the Secretary of State has justified to
the Committees on Appropriations the proposed uses of funds other than
for core contributions following prior consultation with, and subject to
the regular notification procedures of, such Committees.
[[Page 134 STAT. 1714]]
International Financial Institutions
global environment facility
For <<NOTE: Disbursements. Deadline.>> payment to the International
Bank for Reconstruction and Development as trustee for the Global
Environment Facility by the Secretary of the Treasury, $139,575,000, to
remain available until, and to be fully disbursed not later than,
September 30, 2022: Provided, That <<NOTE: Deadline.>> of such amount,
$136,563,000, which shall remain available until September 30, 2021, is
only available for the third installment of the seventh replenishment of
the Global Environment Facility, and shall be obligated and disbursed
not later than 90 days after enactment of this Act: Provided further,
That the <<NOTE: Reports. Time period.>> Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully
disbursed: <<NOTE: Timeline.>> Provided further, That in such report
the Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States share
of the paid-in portion of the increases in capital stock, $206,500,000,
to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
increases in capital stock in an amount not to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,001,400,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available until
expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,648,752, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
[[Page 134 STAT. 1715]]
portion of the United States share of increases in capital stock in an
amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the north american development bank
limitation on callable capital subscriptions
The Secretary of the Treasury may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
capital stock in an amount not to exceed $1,020,000,000: Provided, That
such authority is in addition to any other authority otherwise available
in this Act and under any other provision of law.
contribution to the international fund for agricultural development
For <<NOTE: Disbursements. Deadline.>> payment to the International
Fund for Agricultural Development by the Secretary of the Treasury,
$32,500,000, to remain available until, and to be fully disbursed not
later than, September 30, 2022, for the third installment of the
eleventh replenishment of the International Fund for Agricultural
Development: Provided, That <<NOTE: Reports. Time period.>> the
Secretary of the Treasury shall report to the Committees on
Appropriations on the status of such payment not less than quarterly
until fully disbursed: Provided further, That in <<NOTE: Timeline.>>
such report the Secretary shall provide a timeline for the obligation
and disbursement of any funds that have not yet been obligated or
disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $6,500,000, of which up to $975,000 may remain available
until September 30, 2022.
program account
The <<NOTE: Contracts.>> Export-Import Bank of the United States is
authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments
[[Page 134 STAT. 1716]]
for the export of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of the Treaty
on the Non-Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2022: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: <<NOTE: 12 USC 635a note.>>
Provided further, That notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) of such section shall
remain in effect until September 30, 2021: Provided further,
That <<NOTE: Fees.>> the Bank shall charge fees for necessary expenses
(including special services performed on a contract or fee basis, but
not including other personal services) in connection with the collection
of moneys owed the Bank, repossession or sale of pledged collateral or
other assets acquired by the Bank in satisfaction of moneys owed the
Bank, or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other funds
appropriated for administrative expenses, such fees shall be credited to
this account for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $2,000,000, to remain available until September 30, 2022.
[[Page 134 STAT. 1717]]
corporate capital account
The United States International Development Finance Corporation (the
Corporation) is authorized to make such expenditures and commitments
within the limits of funds and borrowing authority available to the
Corporation, and in accordance with the law, and to make such
expenditures and commitments without regard to fiscal year limitations,
as provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs for the current fiscal year for
the Corporation: Provided, That for necessary expenses of the
activities described in subsections (b), (c), (e), (f), and (g) of
section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254)
and for administrative expenses to carry out authorized activities and
project-specific transaction costs described in section 1434(d) of such
Act, $569,000,000: Provided further, That of the amount provided--
(1) $119,000,000 shall remain available until September 30,
2023, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act, of which $1,000,000 shall remain available
until September 30, 2025;
(2) $450,000,000 shall remain available until September 30,
2023, for the activities described in subsections (b), (c), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018, except
such amounts obligated in a fiscal year for activities described
in section 1421(c) of such Act shall remain available for
disbursement for the term of the underlying project: Provided
further, That <<NOTE: Time period. Notification.>> if the term
of the project extends longer than 10 fiscal years, the Chief
Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the obligation or
disbursement of funds, as applicable: Provided further, That
amounts made available under this paragraph may be paid to the
``United States International Development Finance Corporation--
Program Account'' for programs authorized by subsections (b),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018:
Provided further, That <<NOTE: Consultation. Notification.>> funds may
only be obligated pursuant to section 1421(g) of the BUILD Act of 2018
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the Committees on
Appropriations: Provided further, That <<NOTE: Collections.>> in
fiscal year 2021 collections of amounts described in section 1434(h) of
the BUILD Act of 2018 shall be credited as offsetting collections to
this appropriation: Provided further, That such collections collected
in fiscal year 2021 in excess of $569,000,000 shall be credited to this
account and shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That in
fiscal year 2021, if such collections are less than $569,000,000,
receipts collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such shortfall, shall
be credited as offsetting collections to this appropriation: Provided
further, That funds appropriated or otherwise made available under this
heading may not be used to provide any type of assistance that is
otherwise prohibited by any other provision of law or to provide
assistance to any foreign country that is
[[Page 134 STAT. 1718]]
otherwise prohibited by any other provision of law: Provided further,
That the <<NOTE: Reduction.>> sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by the offsetting
collections described under this heading so as to result in a final
fiscal year appropriation from the General Fund estimated at
$191,000,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2023: Provided, That up to $500,000,000 of amounts
paid to this account from CCA or transferred to this account pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) shall be available for the costs of direct and guaranteed loans
provided by the Corporation pursuant to section 1421(b) of such Act:
Provided further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That <<NOTE: Disbursement. Time
period.>> such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal
years: <<NOTE: Time period.>> Provided further, That funds transferred
to carry out the Foreign Assistance Act of 1961 pursuant to section
1434(j) of the BUILD Act of 2018 may remain available for obligation for
1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2022, of which no more than $19,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any <<NOTE: Time period. Records.>> department or
agency of the United States Government to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program, project,
and activity, and Treasury Account Fund Symbol of all funds received
[[Page 134 STAT. 1719]]
by such department or agency in fiscal year 2021 or any previous fiscal
year, disaggregated by fiscal year: Provided, That the report required
by this section shall be submitted not later than 30 days after the end
of each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The <<NOTE: Contracts.>> expenditure of any
appropriation under title I of this Act for any consulting service
through procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A of
H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by section 111
of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323), a project to construct a facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(b) <<NOTE: Consultation. Determination.>> New Diplomatic
Facilities.--For the purposes of calculating the fiscal year 2021 costs
of providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the contribution of the Department of State for
this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2021,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 116-444.
(d) Interim and Temporary Facilities Abroad.--
(1) <<NOTE: Consultation.>> Security vulnerabilities.--
Funds appropriated by this Act under the heading ``Embassy
Security, Construction, and Maintenance'' may be made available,
following consultation with the appropriate congressional
committees, to address security vulnerabilities at interim and
temporary United States diplomatic facilities abroad, including
physical security upgrades and local guard staffing, except that
the amount of funds made available for such purposes from this
Act and prior Acts making appropriations for the Department of
State,
[[Page 134 STAT. 1720]]
foreign operations, and related programs shall be a minimum of
$25,000,000.
(2) <<NOTE: Notification. Waiver authority.>>
Consultation.--Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to
personnel.
(e) Soft Targets.--Of the funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance'', not less
than $10,000,000 shall be made available for security upgrades to soft
targets, including schools, recreational facilities, and residences used
by United States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before enactment of this Act by Congress: Provided, That
up to $25,000 may be made available to carry out the provisions of
section 316 of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None <<NOTE: Cuba. North Korea. Iran. Syria.>> of the
funds appropriated or otherwise made available pursuant to titles III
through VI of this Act shall be obligated or expended to finance
directly any assistance or reparations for the governments of Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance, and guarantees of the Export-Import
Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the
[[Page 134 STAT. 1721]]
military plays a decisive role: <<NOTE: Certification. Reports.>>
Provided, That assistance may be resumed to such government if the
Secretary of State certifies and reports to the appropriate
congressional committees that subsequent to the termination of
assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public participation in
democratic processes: Provided further, That <<NOTE: Notification.>>
funds made available pursuant to the previous provisos shall be subject
to the regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year
for the Department of State under title I of this Act
may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(B) <<NOTE: Determination. Reports. Consultation. Notific
ation.>> Embassy security.--Funds appropriated under
the headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may be
transferred to, and merged with, funds appropriated
under such headings if the Secretary of State determines
and reports to the Committees on Appropriations that to
do so is necessary to implement the recommendations of
the Benghazi Accountability Review Board, for emergency
evacuations, or to prevent or respond to security
situations and requirements, following consultation
with, and subject to the regular notification procedures
of, such Committees: Provided, That such transfer
authority is in addition to any transfer authority
otherwise available in this Act and under any other
provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media under
title I of this Act may be transferred between, and merged with,
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than
10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
[[Page 134 STAT. 1722]]
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(c) Limitation on United States International Development Finance
Corporation.--Amounts transferred pursuant to section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254) may only be
transferred from funds made available under title III of this Act, and
such amounts shall not exceed $50,000,000: Provided,
That <<NOTE: Consultation. Notification.>> any such transfers shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided further, That
the Secretary of State, the Administrator of the United States Agency
for International Development, and the Chief Executive Officer of the
United States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs funded by
such transfers are coordinated with, and complement, foreign assistance
programs implemented by the Department of State and USAID: Provided
further, That no funds transferred pursuant to such authority may be
used by the Corporation to post personnel abroad or for activities
described in section 1421(c) of the BUILD Act of 2018.
(d) <<NOTE: President. Deadline. Consultation. Policy
justification.>> Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be obligated
under an appropriations account to which such funds were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, not less than 5 days prior to the exercise of
any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for the
transfer or allocation of funds appropriated by this Act or prior Acts
making appropriations for the Department of
[[Page 134 STAT. 1723]]
State, foreign operations, and related programs entered into between the
Department of State or USAID and another agency of the United States
Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961, or any comparable provision of law, shall
expressly provide that the Inspector General (IG) for the agency
receiving the transfer or allocation of such funds, or other entity with
audit responsibility if the receiving agency does not have an IG, shall
perform periodic program and financial audits of the use of such funds
and report to the Department of State or USAID, as appropriate, upon
completion of such audits: Provided, That such audits shall be
transmitted to the Committees on Appropriations by the Department of
State or USAID, as appropriate: Provided further, That funds
transferred under such authority may be made available for the cost of
such audits.
(f) Transfer of Overseas Contingency Operations/Global War on
Terrorism Funds.--Funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military Financing Program''
that are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 may be
transferred to, and merged with, such funds appropriated under such
headings: Provided, That such transfer authority may only be exercised
to address contingencies: Provided further, That such transfer
authority is in addition to any transfer authority otherwise available
under any other provision of law, including section 610 of the Foreign
Assistance Act of 1961: <<NOTE: Consultation. Notification.>> Provided
further, That such transfer authority shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) <<NOTE: Sexually explicit websites.>> Computer Networks.--None
of the funds made available by this Act for the operating expenses of
any United States Government department or agency may be used to
establish or maintain a computer network for use by such department or
agency unless such network has filters designed to block access to
sexually explicit websites: Provided, That nothing in this subsection
shall limit the use of funds necessary for any Federal, State, tribal,
or local law enforcement agency, or any other entity carrying out the
following activities: criminal investigations, prosecutions, and
adjudications; administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which are
not applied equally to all tobacco
[[Page 134 STAT. 1724]]
or tobacco products (including electronic nicotine delivery systems) of
the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment of
email accounts or email servers created outside the .gov domain or not
fitted for automated records management as part of a Federal government
records management program in contravention of the Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in titles
III or VI of this Act, shall take steps to ensure that domestic and
overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions, and
amusement parks.
availability of funds
Sec. 7011. No <<NOTE: Time periods.>> part of any appropriation
contained in this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so provided by
this Act: Provided, That funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the Arms
Export Control Act (22 U.S.C. 2763), and funds made available for
``United States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of
[[Page 134 STAT. 1725]]
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this
Act: <<NOTE: Reports.>> Provided further, That the Secretary of State
and the Administrator of the United States Agency for International
Development shall provide a report to the Committees on Appropriations
not later than October 31, 2021, detailing by account and source year,
the use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No <<NOTE: Time
period. Loans. President. Determination. Consultation.>> part of any
appropriation provided under titles III through VI in this Act shall be
used to furnish assistance to the government of any country which is in
default during a period in excess of 1 calendar year in payment to the
United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) <<NOTE: Deadline.>> Notification and Reimbursement of Foreign
Taxes.--An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2021 on funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2022 and for prior
fiscal years and allocated for the central government of such country or
for the West Bank and Gaza program, as applicable, if, not later than
September 30, 2022, such taxes have not been
reimbursed: <<NOTE: Reports.>> Provided, That the Secretary of State
shall report to the Committees on Appropriations not later than 30 days
after enactment of this Act and then quarterly thereafter until
September 30, 2021, on the foreign governments and entities that have
not reimbursed such taxes, including any amount of funds withheld
pursuant to this subsection.
[[Page 134 STAT. 1726]]
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) <<NOTE: Reports.>> In general.--The provisions of this
section shall not apply to any foreign government or entity that
assesses such taxes if the Secretary of State reports to the
Committees on Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) <<NOTE: Time period.>> Consultation.--The Secretary of
State shall consult with the Committees on Appropriations at
least 15 days prior to exercising the authority of this
subsection with regard to any foreign government or entity.
(f) <<NOTE: Regulations. Guidance.>> Implementation.--The Secretary
of State shall issue and update rules, regulations, or policy guidance,
as appropriate, to implement the prohibition against the taxation of
assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government
of the United States and the government of the country receiving
assistance that describes the privileges and immunities
applicable to United States foreign assistance for such country
generally, or an individual agreement between the Government of
the United States and such government that describes, among
other things, the treatment for tax purposes that will be
accorded the United States assistance provided under that
agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall not
include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible by
operation of any provision of this or any other
Act: <<NOTE: Notification.>> Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made available under
the same terms and conditions as originally provided.
(b) <<NOTE: Determination. Reports.>> Extension of Availability.--
In addition to the authority contained in subsection (a), the original
period of availability of
[[Page 134 STAT. 1727]]
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that are
specifically designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year if the
Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) <<NOTE: Deadlines.>> Notification of Changes in
Programs, Projects, and Activities.--None of the funds made available in
titles I, II, and VI, and under the headings ``Peace Corps'' and
``Millennium Challenge Corporation'', of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs to the departments and agencies funded by this Act that
remain available for obligation in fiscal year 2021, or provided from
any accounts in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the departments and
agencies funded by this Act, shall be available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I, II, and VI of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under such
titles that remain available for obligation in fiscal year 2021, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the department and agency funded
under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
[[Page 134 STAT. 1728]]
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``United States International Development Finance Corporation'', and
``Peace Corps'', shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance of such obligation: Provided, That <<NOTE: President.>> the
President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress unless the
Committees on Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this subsection or
any similar provision of this or any other Act shall not apply to any
reprogramming for a program, project, or activity for which funds are
appropriated under titles III through VI of this Act of less than 10
percent of the amount previously justified to Congress for obligation
for such program, project, or activity for the current fiscal year:
Provided further, That any notification submitted pursuant to subsection
(f) of this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) <<NOTE: Consultation.>> Programs.--None of the funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to support or continue any
program initially funded under any authority of title 10, United
States Code, or any Act making or authorizing appropriations for
the Department of Defense, unless the Secretary of State, in
consultation with the Secretary of Defense and in accordance
with the regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees that
includes a
[[Page 134 STAT. 1729]]
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the Department
of State and the United States Agency for International
Development for assistance for foreign countries and
international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds
for specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense
articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or
welfare: <<NOTE: Deadline.>> Provided, That in case of any such
waiver, notification to the Committees on Appropriations shall be
provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating such
waiver: Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations and such notification shall include the
information specified under this section in House Report 116-444.
[[Page 134 STAT. 1730]]
(h) Other Program Notification Requirement.--
(1) <<NOTE: Consultation.>> Diplomatic programs.--Funds
appropriated under title I of this Act under the heading
``Diplomatic Programs'' that are made available for lateral
entry into the Foreign Service shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall
be subject to the regular notification procedures of the
Committees on Appropriations:
(A) <<NOTE: Consultation.>> the Global Engagement
Center, except that the Secretary of State shall consult
with the Committees on Appropriations prior to
submitting such notification;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Prevention and Stabilization Fund and the
Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Global Security Contingency Fund;
(G) the Countering Chinese Influence Fund and the
Countering Russian Influence Fund;
(H) the Program to End Modern Slavery; and
(I) the Women's Global Development and Prosperity
Fund.
(3) <<NOTE: Consultation.>> Democracy program policy and
procedures.--Modifications to democracy program policy and
procedures, including relating to the use of consortia, by the
Department of State and USAID shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(4) <<NOTE: Reports. Certifications.>> Arms sales.--The
reports, notifications, and certifications, and any other
documents, required to be submitted pursuant to section 36(a) of
the Arms Export Control Act (22 U.S.C. 2776), and such documents
submitted pursuant to section 36(b) through (d) of such Act with
respect to countries that have received assistance provided with
funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall be concurrently submitted to the
Committees on Appropriations and shall include information about
the source of funds for any sale or transfer, as applicable, if
known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) <<NOTE: Consultation.>> Foreign Assistance and Global Health
Security Reviews.--Funds appropriated by this Act that are made
available to make programmatic, funding, and organizational changes
resulting from implementation of any foreign assistance review or
realignment shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That <<NOTE: Classified information. Applicability.>> such
notifications may be submitted in classified form, if necessary:
Provided further, That the consultation
[[Page 134 STAT. 1731]]
requirement of this subsection shall apply to global health security
programs, to include the Global Health Security Agenda and emergency
health responses.
(k) <<NOTE: Time period.>> Prior Consultation Requirement.--The
Secretary of State, the Administrator of the United States Agency for
International Development, the Chief Executive Officer of the United
States International Development Finance Corporation, and the Chief
Executive Officer of the Millennium Challenge Corporation shall consult
with the Committees on Appropriations at least 7 days prior to informing
a government of, or publically announcing a decision on, the suspension
or early termination of assistance to a country or a territory,
including as a result of an interagency review of such assistance, from
funds appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed justification
for such suspension, including a description of the assistance being
suspended.
(l) Report on Funds Received From Foreign Governments.--The
Secretary of State and the USAID Administrator, as appropriate, shall
report to the Committees on Appropriations on a quarterly basis until
September 30, 2021, on funds received from foreign governments pursuant
to sections 607 and 635(d) of the Foreign Assistance Act of 1961, other
than from countries that are North Atlantic Treaty Organization (NATO)
or major non-NATO allies designated pursuant to section 517(b) of such
Act: Provided, That such report shall include the requirements
described under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of State and
the United States Agency for International Development.
(b) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) <<NOTE: Review. Updates. Compliance.>> regularly review
and update the policies, directives, and oversight necessary to
comply with Federal statutes, regulations, and presidential
executive orders and memoranda concerning the preservation of
all records made or received in the conduct of official
business, including record emails, instant messaging, and other
online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in title
I, and ``Operating Expenses'' and ``Capital Investment Fund'' in
title II, as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29,
31, and 33) and other applicable Federal records management
statutes, regulations, or policies for the Department of State
and USAID;
[[Page 134 STAT. 1732]]
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''); and
(5) <<NOTE: Implementation. Recommenda- tions.>> strengthen
cybersecurity measures to mitigate vulnerabilities, including
those resulting from the use of personal email accounts or
servers outside the .gov domain, improve the process to identify
and remove inactive user accounts, update and enforce guidance
related to the control of national security information, and
implement the recommendations of the applicable reports of the
cognizant Office of Inspector General.
use of funds in contravention of this act
Sec. 7017.
If <<NOTE: President. Determination. Notification. Deadline.>> the
President makes a determination not to comply with any provision of this
Act on constitutional grounds, the head of the relevant Federal agency
shall notify the Committees on Appropriations in writing within 5 days
of such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None <<NOTE: President. Certification.>> of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may
be obligated or expended for any country or organization if the
President certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That such designated amounts for foreign countries and
international organizations shall serve
[[Page 134 STAT. 1733]]
as the amounts for such countries and international organizations
transmitted to Congress in the report required by section 653(a) of the
Foreign Assistance Act of 1961, and shall be made available for such
foreign countries and international organizations notwithstanding the
date of the transmission of such report.
(b) Authorized Deviations Below Minimum Levels.--Unless otherwise
provided for by this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, as
applicable, may deviate by not more than 10 percent below the minimum
amounts specifically designated in the respective tables in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided,
That <<NOTE: Consultation.>> deviations pursuant to this subsection
shall be subject to prior consultation with the Committees on
Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such statement.
(3) <<NOTE: Applicability.>> With respect to the amounts
designated for ``Global Programs'' in the table under the
heading ``Economic Support Fund'' included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), subsection (b) shall be
applied by substituting ``5 percent'' for ``10 percent''.
(e) Reports.--The Secretary of State, USAID Administrator, and other
designated officials, as appropriate, shall submit the reports required,
in the manner described, in House Report 116-444 and the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), unless directed otherwise in such explanatory
statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act or the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), unless such headings are specifically designated
as the source of funds.
[[Page 134 STAT. 1734]]
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge meets one or more of the
requirements enumerated under section 7066 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6).
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) <<NOTE: President. Determinations.>> Lethal Military
Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C.
4813(c)): <<NOTE: President. Determinations.>> Provided, That
the prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That this <<NOTE: Termination date.>> section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) <<NOTE: Estimate.>> Report.--Whenever the President
makes a determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a report with
respect to the furnishing of such assistance, including a
detailed explanation of the assistance to be provided, the
estimated dollar amount of such assistance, and an explanation
of how the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That <<NOTE: Federal Register,
publication. Deadline. Notification.>> the President shall
publish each such waiver in the Federal Register and, at least
15 days before
[[Page 134 STAT. 1735]]
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall also be
considered to include country, regional, and central program level
funding within each such account, and for the development assistance
accounts of the United States Agency for International Development,
``program, project, and activity'' shall also be considered to include
central, country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the
report required by section 653(a) of the Foreign Assistance Act
of 1961 or as modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: <<NOTE: Consultation. Reports.>> Provided, That prior
to conducting activities in a country for which assistance is
prohibited, the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days of taking
such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the Export-
Import Bank and the United States International Development Finance
Corporation shall be obligated
[[Page 134 STAT. 1736]]
or expended to finance any loan, any assistance, or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided,
That <<NOTE: Notification.>> such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(c) <<NOTE: 22 USC 262h note.>> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions
to use the voice and vote of the United States to oppose any assistance
by such institutions, using funds appropriated or otherwise made
available by this Act, for the production or extraction of any commodity
or mineral for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity.
[[Page 134 STAT. 1737]]
separate accounts
Sec. 7026. (a) <<NOTE: 22 USC 2362 note.>> Separate Accounts for
Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) <<NOTE: Requirement.>> require that local
currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) <<NOTE: Requirement.>> In general.--If assistance is
made available to the government of a foreign country, under
chapter 1 or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or as
nonproject sector assistance, that country shall be required to
maintain such funds in a separate account and not commingle with
any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this
[[Page 134 STAT. 1738]]
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) <<NOTE: Time period. President.>> Notification.--At
least 15 days prior to obligating any such cash transfer or
nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will
be used, with a discussion of the United States interests that
will be served by such assistance (including, as appropriate, a
description of the economic policy reforms that will be promoted
by such assistance).
(4) <<NOTE: Notification.>> Exemption.--Nonproject sector
assistance funds may be exempt from the requirements of
paragraph (1) only through the regular notification procedures
of the Committees on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central
Asia'': <<NOTE: President. Notification.>> Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That <<NOTE: Abortion. Sterilization.>>
nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2021, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That <<NOTE: Notification.>> none of the funds appropriated to carry
out title I of such Act and made available pursuant to this subsection
may be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
[[Page 134 STAT. 1739]]
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to the
United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) <<NOTE: Assessment.>> assessed the level of
local capacity to effectively implement, manage, and
account for programs included in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2021.
international financial institutions
Sec. 7029. (a) <<NOTE: Public information.>> Evaluations and
Report.--The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to use
the voice of the United States to encourage such institution to adopt
and implement a publicly available policy, including the strategic use
of peer reviews and external experts, to conduct independent, in-depth
evaluations of the effectiveness of at least 35 percent of all loans,
grants, programs, and significant analytical non-lending activities in
advancing the institution's goals of reducing poverty and promoting
equitable economic growth, consistent with relevant safeguards, to
ensure that decisions to support such loans, grants, programs, and
activities are based on accurate data and objective analysis: Provided,
That not later than 45 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on steps taken
in fiscal year 2020 by the United States executive directors and the
international financial institutions consistent with this subsection
compared to the previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
[[Page 134 STAT. 1740]]
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) <<NOTE: Human rights.>> do not provide
incentives for, or facilitate, forced displacement or
other violations of human rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such institution
in accordance with the requirements specified under this subsection in
House Report 116-444: <<NOTE: Consultation.>> Provided, That prior to
voting on any such loan, grant, policy, or strategy the executive
director shall consult with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, if the executive director has
reason to believe that such loan, grant, policy, or strategy could
result in forced displacement or other violations of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in borrowing
countries' financial management and judicial capacity to investigate,
prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
[[Page 134 STAT. 1741]]
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution: <<NOTE: Reports.>>
Provided, That not later than 45 days after enactment of this Act, the
Secretary shall submit a report to the Committees on Appropriations on
steps taken in fiscal year 2020 by the United States executive directors
and the international financial institutions consistent with this
subsection compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to encourage
each such institution to effectively implement and enforce policies and
procedures which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation, including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made available
for programs, including through the Digital Connectivity and
Cybersecurity Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs;
(2) <<NOTE: China.>> counter the establishment of insecure
communications networks and services, including 5G, promoted by
the People's Republic of China and other state-backed
enterprises that are subject to undue or extrajudicial control
by their country of origin; and
(3) provide policy and technical training on deploying open,
interoperable, reliable, and secure networks to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate:
Provided, That <<NOTE: Consultation.>> such funds may be used to
support the participation of foreign military officials in programs
designed to strengthen civilian cybersecurity capacity, following
consultation with the Committees on Appropriations.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,
[[Page 134 STAT. 1742]]
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) are fully met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That <<NOTE: Applicability.>> the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) <<NOTE: Reports.>> Suspension of assistance.--The
Administrator of the United States Agency for International
Development or the Secretary of State, as appropriate, shall
suspend any direct government-to-government assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator or
the Secretary reports to the Committees on Appropriations that
it is in the national interest of the United States to continue
such assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2022 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country to
any international financial institution.
(b) National Budget and Contract Transparency.--
(1) <<NOTE: Updates.>> Minimum requirements of fiscal
transparency.--The Secretary of State shall continue to update
and strengthen the ``minimum requirements of fiscal
transparency'' for each government receiving assistance
appropriated by this Act, as identified in the report required
by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76).
(2) <<NOTE: Public information. Web posting.>>
Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later
than 180 days after enactment of this Act, shall make or update
any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That such
report shall include the elements included under this section in
the explanatory statement described in section 4 in the matter
preceding division A of Public Law 116-94.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
[[Page 134 STAT. 1743]]
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human rights,
including the wrongful detention of locally employed
staff of a United States diplomatic mission or a United
States citizen or national, shall be ineligible for
entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information without
regard to whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) <<NOTE: Determination.>> Waiver.--The Secretary may
waive the application of paragraph (1) if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) <<NOTE: Time periods. Termination date. Classified
information. List.>> Report.--Not later than 30 days after
enactment of this Act, and every 90 days thereafter until
September 30, 2021, the Secretary of State shall submit a
report, including a classified annex if necessary, to the
appropriate congressional committees and the Committees on the
Judiciary describing the information related to corruption or
violation of human rights concerning each of the individuals
found ineligible in the previous 12 months pursuant to paragraph
(1)(A) as well as the individuals who the Secretary designated
or identified pursuant to paragraph (1)(B), or who would be
ineligible but for the application of paragraph (2), a list of
any waivers provided under paragraph (3), and the justification
for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4), and
(5), the records of the Department of State and of diplomatic
and consular offices of the United States pertaining to the
issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
[[Page 134 STAT. 1744]]
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution that it is the
policy of the United States to use the voice and vote of the
United States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if the
government of such country has in place laws, regulations, or
procedures to prevent or limit the public disclosure of company
payments as required by United States law, and unless such
government has adopted laws, regulations, or procedures in the
sector in which assistance is being considered to meet the
standards included under this section in the explanatory
statement described in section 4 in the matter preceding
division A of Public Law 116-94.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the ``ForeignAssistance.gov'' website: Provided,
That all Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a timely manner,
to the Department of State and USAID.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,417,000,000 shall be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and Labor,
Department of State, at not less than the amounts specified for
certain countries and regional programs designated in the table
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(b) Authorities.--
[[Page 134 STAT. 1745]]
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for the
NED are made available pursuant to the authority of the National
Endowment for Democracy Act (title V of Public Law 98-164),
including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restriction on Prior Approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign
country: <<NOTE: Coordination. Reports. Compliance.>> Provided, That
the Secretary of State, in coordination with the Administrator of the
United States Agency for International Development, shall report to the
Committees on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and USAID to
comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus building
programs abroad with funds appropriated by this Act in a manner that
recognizes the unique benefits of grants and cooperative agreements in
implementing such programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the NED of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
(h) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $25,000,000 shall be made
available to support and protect civil society activists and journalists
who have been threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media, consistent
with the action plan required under this section in the explanatory
statement described
[[Page 134 STAT. 1746]]
in section 4 (in the matter preceding division A of this consolidated
Act), and on the same terms and conditions of section 7032(i) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Bureau of Democracy, Human Rights, and Labor, Department of
State, for the costs of administering programs designed to
promote and defend freedom of expression and the independence of
the media in countries where such freedom and independence are
restricted or denied.
(2) Assistance.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $15,000,000
shall be made available for programs that promote and defend
freedom of expression and the independence of the media abroad:
Provided, That such funds are in addition to funds otherwise
made available by this Act for such purposes, and are intended
to complement emergency and safety programs for civil society,
including journalists and media outlets at
risk: <<NOTE: Consultation. Notification.>> Provided further,
That such funds shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs'' shall
be made available for the Office of International Religious Freedom,
Department of State, including for support staff, at not less than the
amounts specified for such office in the table under such heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian assistance
for vulnerable and persecuted religious minorities: Provided,
That <<NOTE: Consultations.>> funds made available by this Act under
the headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant
to this section shall be the responsibility of the Ambassador-at-Large
for International Religious Freedom, in consultation with other relevant
United States Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Economic Support Fund'' may be made
available notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
(d) <<NOTE: Extension.>> Designation of Non-State Actors.--Section
7033(e) of the Department of State, Foreign Operations, and Related
Programs
[[Page 134 STAT. 1747]]
Appropriations Act, 2017 (division J of Public Law 115-31) shall
continue in effect during fiscal year 2021.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese, and
to combat trafficking in persons and assist victims of such trafficking,
may be made available notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $15,500,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, including in Central
America, which shall be administered by the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of State:
Provided, That such funds shall be in addition to funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs for assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) <<NOTE: Recommenda- tions.>> Atrocities Prevention.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to prevent
atrocities, including to implement recommendations of the Atrocities
Prevention Board: Provided, That funds made available pursuant to this
subsection are in addition to amounts otherwise made available for such
purposes: <<NOTE: Notification.>> Provided further, That such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available as a
general contribution to the World Food Programme, notwithstanding any
other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) <<NOTE: Notification.>> Genocide victims memorial
sites.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Economic Support
Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
may be made available as contributions to establish and maintain
[[Page 134 STAT. 1748]]
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2023: <<NOTE: Consultation. Notification.>>
Provided, That funds made available pursuant to this paragraph
may only be made available following prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(4) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to $1,000,000
may be made available for grants to carry out the activities of
the Cultural Antiquities Task Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal year
2021.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange Visitor
Program administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961 (Public Law
87-256; 22 U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative Procedure Act
(5 U.S.C. 551 et seq.) and notwithstanding the exceptions to
such rulemaking process in such
Act: <<NOTE: Consultation. Notification.>> Provided, That
funds made available for such purpose shall only be made
available after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the public
diplomacy goals of, and the estimated economic impact on, the
United States: <<NOTE: Deadline. Federal Register,
publication.>> Provided further, That such consultation shall
take place not later than 30 days prior to the publication in
the Federal Register of any regulatory action modifying the
Exchange Visitor Program.
(f) <<NOTE: Consultation.>> Partner Vetting.--Prior to initiating a
partner vetting program, or making a significant change to the scope of
an existing partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations: <<NOTE: Notification.>> Provided, That the Secretary
and the Administrator shall provide a direct vetting option for prime
awardees in any partner vetting program initiated or significantly
modified after the date of enactment of this Act, unless the Secretary
of State or USAID Administrator, as applicable, informs the Committees
on Appropriations on a case-by-case basis that a direct vetting option
is not feasible for such program.
[[Page 134 STAT. 1749]]
(g) Contingencies.--During fiscal year 2021, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) <<NOTE: Compliance.>> International Child Abductions.--The
Secretary of State should withhold funds appropriated under title III of
this Act for assistance for the central government of any country that
is not taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague on
October 25, 1980: <<NOTE: Reports.>> Provided, That the Secretary
shall report to the Committees on Appropriations within 15 days of
withholding funds under this subsection.
(i) <<NOTE: Deadline.>> Transfer of Funds for Extraordinary
Protection.--The Secretary of State may transfer to, and merge with,
funds under the heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the heading
``Diplomatic Programs'' for fiscal year 2021, except for funds
designated for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, at no later than the end of the
fifth fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated: Provided, That not
more than $50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the heading
``Economic Support Fund'' to counter extremism may be made available
notwithstanding any other provision of law restricting assistance to
foreign countries, except sections 502B, 620A, and 620M of the Foreign
Assistance Act of 1961: Provided, That
the <<NOTE: Consultation. Notification.>> use of the authority of this
subsection shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the
Committees on Appropriations.
(k) <<NOTE: Extension.>> Protections and Remedies for Employees of
Diplomatic Missions and International Organizations.--The terms and
conditions of section 7034(k) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020 (division G of
Public Law 116-94) shall continue in effect during fiscal year 2021.
(l) Extension of Authorities.--
(1) <<NOTE: Applicability. 22 USC 214 note.>> Passport
fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting ``September
30, 2021'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2021.
(3) <<NOTE: Applicability. 22 USC 2385 note.>> USAID civil
service annuitant waiver.--Section 625(j)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied
by substituting ``September 30, 2021'' for ``October 1, 2010''
in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) Subject
to the limitation described in subparagraph (B), the authority
provided by section 1113 of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2021.
[[Page 134 STAT. 1750]]
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of the
amount of the locality-based comparability payment (stated as a
percentage) that would be payable to such member under section
5304 of title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2020'' and inserting ``2020, and 2021''; and
(ii) in subsection (e), by striking ``2020''
each place it appears and inserting ``2021''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2020'' and inserting ``2021''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2021, and may be used to facilitate the assignment
of persons for oversight of programs in Syria, South Sudan,
Yemen, Somalia, and Venezuela.
(7) <<NOTE: Afghanistan. Notification. Requirements. 22 USC
4831 note.>> Accountability review boards.--The authority
provided by section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
remain in effect for facilities in Afghanistan through September
30, 2021, except that the notification and reporting
requirements contained in such section shall include the
Committees on Appropriations.
(8) <<NOTE: Time period.>> Special inspector general for
afghanistan reconstruction competitive status.--Notwithstanding
any other provision of law, any employee of the Special
Inspector General for Afghanistan Reconstruction (SIGAR) who
completes at least 12 months of continuous service after
enactment of this Act or who is employed on the date on which
SIGAR terminates, whichever occurs first, shall acquire
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications.
(9) <<NOTE: Extension. 8 USC 1715 note.>> Transfer of
balances.--Section 7081(h) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) shall continue in effect
during fiscal year 2021.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State may
waive the provisions of subsections (a) through (d) of section
824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a
case-by-case basis for an annuitant reemployed by the Inspector
General on a temporary basis, subject to the same constraints
and in the same manner by which the Secretary of State may
exercise such waiver authority pursuant to subsection (g) of
such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
[[Page 134 STAT. 1751]]
(A) in the heading, by striking ``2015 through
2020'' and inserting ``2015 through 2021'';
(B) in the matter preceding clause (i), in the first
sentence, by striking ``shall'' and all that follows
through the period at the end, and inserting ``shall not
exceed 26,500.''; and
(C) in clauses (i) and (ii), by striking ``December
31, 2021'' and inserting ``December 31, 2022''.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall be made available for the regular and
systematic collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of such
assistance: Provided, That <<NOTE: Web
posting. Procedures. Guidelines.>> the Department of State and
USAID shall establish, and post on their respective websites,
updated procedures for implementing partners that receive funds
under such headings for regularly and systematically collecting
and responding to such feedback, including guidelines for the
reporting on actions taken in response to the feedback received:
Provided further, That <<NOTE: Oversight.>> the Department of
State and USAID shall regularly conduct oversight to ensure that
such feedback is regularly collected and used by implementing
partners to maximize the cost-effectiveness and utility of such
assistance.
(2) Ex-post evaluations.--Of the funds appropriated by this
Act under titles III and IV, not less than $10,000,000 shall be
made available for ex-post evaluations consistent with the
requirements under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That <<NOTE: Notification.>> the
authority in section 525(b)(5) of the Foreign Operations, Export
Financing, and Related Programs Appropriation Act, 2005 (Public Law 108-
447) shall be exercised by the Assistant Administrator for Global
Health, USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to the regular
notification procedures of the Committees on
Appropriations: <<NOTE: Records.>> Provided further, That the
Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) <<NOTE: Jordan.>> Loans, Consultation, and Notification.--
(1) <<NOTE: Egypt. Tunisia. Ukraine.>> Loan guarantees.--
Funds appropriated under the headings ``Economic Support Fund''
and ``Assistance for Europe, Eurasia and Central Asia'' by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for the costs, as defined in section 502 of the
Congressional Budget Act
[[Page 134 STAT. 1752]]
of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and
Ukraine, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Foreign military financing direct loans.--During fiscal
year 2021, direct loans under section 23 of the Arms Export
Control Act may be made available for Jordan, notwithstanding
section 23(c)(1) of the Arms Export Control Act, gross
obligations for the principal amounts of which shall not exceed
$4,000,000,000: Provided, That funds appropriated under the
heading ``Foreign Military Financing Program'' in this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of such loans: Provided further, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974
and may include the costs of selling, reducing, or cancelling
any amounts owed to the United States or any agency of the
United States: <<NOTE: Fees.>> Provided further, That the
Government of the United States may charge fees for such loans,
which shall be collected from borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974:
Provided further, That no <<NOTE: North Atlantic Treaty
Organization.>> funds made available to the North Atlantic
Treaty Organization (NATO) or major non-NATO allies by this or
any other appropriations Act for this fiscal year or prior
fiscal years may be used for payment of any fees associated with
such loans: <<NOTE: Deadline. Time period.>> Provided further,
That such loans shall be repaid in not more than 12 years,
including a grace period of up to one year on repayment of
principal: <<NOTE: Determination.>> Provided further, That
notwithstanding section 23(c)(1) of the Arms Export Control Act,
interest for such loans may be charged at a rate determined by
the Secretary of State, except that such rate may not be less
than the prevailing interest rate on marketable Treasury
securities of similar maturity: Provided further, That amounts
made available under this paragraph for such costs shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country.
(3) Foreign military financing loan guarantees.--Funds
appropriated under the heading ``Foreign Military Financing
Program'' in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available, notwithstanding the third
proviso under such heading, for the costs of loan guarantees
under section 24 of the Arms Export Control Act for Jordan,
which are authorized to be provided: Provided, That such funds
are available to subsidize gross obligations for the principal
amount of commercial loans, and total loan principal, any part
of which is to be guaranteed, not to exceed $4,000,000,000:
Provided further, That no loan guarantee with respect to any one
borrower may exceed 80 percent of the loan principal: Provided
further, That any loan guaranteed under this paragraph may not
be subordinated to another debt contracted by the borrower or to
any other claims against the borrower in the case of
default: <<NOTE: Requirement. Time period.>> Provided further,
That repayment in United States dollars of any loan guaranteed
[[Page 134 STAT. 1753]]
under this paragraph shall be required within a period not to
exceed 12 years after the loan agreement is signed: Provided
further, That <<NOTE: Fees. Determination.>> the Government of
the United States may charge fees for such loan guarantees, as
may be determined, notwithstanding section 24 of the Arms Export
Control Act, which shall be collected from borrowers or third
parties on behalf of such borrowers in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That amounts made available under this paragraph for
the costs of such guarantees shall not be considered assistance
for the purposes of provisions of law limiting assistance to a
country.
(4) Designation requirement.--Funds made available pursuant
to paragraphs (1) through (3) from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs that were previously designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(5) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $55,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may remain
available until September 30, 2025.
(2) <<NOTE: Definition. Time period. 22 USC 2152i note.>>
Eligible entities.--For the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000 from
USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(q) Definitions.--
(1) <<NOTE: 8 USC 1182 note.>> Appropriate congressional
committees.--Unless otherwise defined in this Act, for purposes
of this Act the term ``appropriate congressional committees''
means the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
[[Page 134 STAT. 1754]]
(3) <<NOTE: 22 USC 262h note.>> International financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a particular
USAID operating unit or office in this or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be deemed to include any successor
operating unit or office performing the same or similar
functions.
(6) <<NOTE: 22 USC 2152i note.>> USAID.--In this Act, the
term ``USAID'' means the United States Agency for International
Development.
(7) <<NOTE: 1 USC 1 note.>> This act.--Except as expressly
provided otherwise, any reference to ``this Act'' contained in
titles I through VII shall be treated as referring only to the
provisions of such titles.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions
of chapter 1 of part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-
corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance,
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
[[Page 134 STAT. 1755]]
other terrorist organizations: <<NOTE: Iraq.>> Provided, That
such areas shall include the Kurdistan Region of Iraq: Provided
further, That prior to the obligation of funds made available
pursuant to this paragraph, the Secretary of State shall take
all practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such
funds: <<NOTE: Consultation. Notification.>> Provided further,
That funds made available pursuant to this paragraph shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(3) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment consistent with prior
fiscal years.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'': <<NOTE: Applicability. Determination.>>
Provided, That the requirement of this subparagraph
shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to
the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or
exceeds the standards recommended by the Committee on
Tactical Combat Casualty Care: Provided further, That
any such training and equipment for combat casualty care
shall be made available through an open and competitive
process.
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the
requirements of international humanitarian law as a component of
any package of lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'': Provided, That the
requirement of this paragraph shall not apply to a country that
is a member of the North Atlantic Treaty Organization (NATO), is
a major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That any such
training shall be made available through an open and competitive
process.
(5) <<NOTE: Consultation.>> Security force
professionalization.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement''
and ``Peacekeeping Operations'' shall be made available to
increase the capacity of foreign military and law enforcement
personnel to operate in accordance with appropriate standards
relating to human rights and the protection of civilians in the
manner specified under this section in Senate Report 116-126,
following consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this paragraph
shall be made available through an open and competitive process.
(6) <<NOTE: Transfer authority. Notification.>> Global
security contingency fund.--Notwithstanding any other provision
of this Act, up to $7,500,000
[[Page 134 STAT. 1756]]
from funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military Financing
Program'' may be transferred to, and merged with, funds
previously made available under the heading ``Global Security
Contingency Fund'', subject to the regular notification
procedures of the Committees on Appropriations.
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$7,500,000 shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided,
That <<NOTE: Consultation. Deadline.>> the Secretary of State
and the USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after enactment of this
Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) <<NOTE: Extension.>> Disarmament, demobilization, and
reintegration.--Section 7034(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect
during fiscal year 2021.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``of this section'' and all
that follows through the period at the end and inserting
``of this section after September 30, 2023.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2021'' and inserting ``2021, 2022, and
2023''.
(4) <<NOTE: Notification. President. Determination.>>
Commercial leasing of defense articles.--Notwithstanding any
other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of
section 23(a) of the Arms Export Control Act (22 U.S.C. 2763)
may be used to provide financing to Israel, Egypt, the North
Atlantic Treaty Organization (NATO), and major non-NATO allies
for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
[[Page 134 STAT. 1757]]
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2023:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(6) <<NOTE: Definition. Determination. Reports.>> Public
disclosure.--For the purposes of funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for units of foreign security forces,
the term ``to the maximum extent practicable'' in section
620M(d)(7) of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d) means that the identity of such units shall be made
publicly available unless the Secretary of State, on a case-by-
case basis, determines and reports to the appropriate
congressional committees that non-disclosure is in the national
security interest of the United States: Provided, That any such
determination shall include a detailed justification, and may be
submitted in classified form.
(7) Duty to inform.--
(A) <<NOTE: List.>> Compliance.--If assistance to a
foreign security force is provided in a manner in which
the recipient unit or units cannot be identified prior
to the transfer of assistance, the Secretary of State
shall regularly provide a list of units prohibited from
receiving such assistance pursuant to section 620M of
the Foreign Assistance Act of 1961 to the recipient
government, and such assistance shall be made available
subject to a written agreement that the recipient
government will comply with such prohibition: Provided,
That <<NOTE: Effective date.>> such requirement
regarding a written agreement shall take effect not
later than December 31, 2021.
(B) <<NOTE: Deadline. Timeline.>> Implementation
plan.--Not later than 120 days after enactment of this
Act, the Secretary of State shall submit an
implementation plan to the Committees on Appropriations
including a timeline and mechanisms for executing such
agreements by December 31, 2021: Provided,
That <<NOTE: Consultation.>> the Secretary of State
shall consult with the Committees on Appropriations
prior to submitting such plan.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance
of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
Secretary of State may prescribe.
[[Page 134 STAT. 1758]]
(B) Cluster munitions.--No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no
cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended
operational environments, and the agreement
applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions
technology specifies that the cluster munitions
will only be used against clearly defined military
targets and will not be used where civilians are
known to be present or in areas normally inhabited
by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing or
permanently disposing of such cluster munitions.
(3) <<NOTE: Classified information. Appendices.>>
Congressional budget justifications.--Of the funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act
and made available for obligation for expenses incurred by the
Department of Defense, Defense Security Cooperation Agency
(DSCA) during fiscal year 2021 pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)), $25,000,000 shall
be withheld from obligation until the DSCA, jointly with the
Department of State, submits to the Committees on Appropriations
the congressional budget justification for funds requested under
the heading ``Foreign Military Financing Program'' for fiscal
years 2021 and 2022, including the accompanying classified
appendices.
(4) <<NOTE: Determination.>> Crowd control items.--Funds
appropriated by this Act should not be used for tear gas, small
arms, light weapons, ammunition, or other items for crowd
control purposes for foreign security forces that use excessive
force to repress peaceful expression, association, or assembly
in countries that the Secretary of State determines are
undemocratic or are undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated
and expended during fiscal year 2020, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(2) <<NOTE: Definition.>> Annual foreign military training
report.--For the purposes of implementing section 656 of the
Foreign Assistance Act of 1961, the term ``military training
provided to foreign military personnel by the Department of
Defense and the Department of State'' shall be deemed to include
all military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be
clearly
[[Page 134 STAT. 1759]]
identified in the report submitted pursuant to section 656 of
such Act.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7037. (a) <<NOTE: Determination. Certification.>> Limitation
on Assistance.--None of the funds appropriated under titles III through
VI of this Act may be provided to support a Palestinian state unless the
Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
[[Page 134 STAT. 1760]]
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) <<NOTE: President. Determination.>> Waiver.--The President may
waive subsection (a) if the President determines that it is important to
the national security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039.
(a) <<NOTE: Deadline. Certification. Procedures. Records. Review.>>
Oversight.--For fiscal year 2021, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations
that procedures have been established to assure the Comptroller General
of the United States will have access to appropriate United States
financial information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic Support
Fund'' for the West Bank and Gaza.
(b) <<NOTE: Terrorism. Determinations.>> Vetting.--Prior to the
obligation of funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual, private or
government entity, or educational institution that the Secretary knows
or has reason to believe advocates, plans, sponsors, engages in, or has
engaged in, terrorist activity nor, with respect to private entities or
educational institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any individual
that has been determined to be involved in, or advocating terrorist
activity or determined to be a member of a designated foreign terrorist
organization: <<NOTE: Termination.>> Provided, That the Secretary of
State shall, as appropriate, establish procedures specifying the steps
to be taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist
activity.
[[Page 134 STAT. 1761]]
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism; and
(B) <<NOTE: Determination.>> any educational
institution located in the West Bank or Gaza that is
named after an individual who the Secretary of State
determines has committed an act of terrorism.
(2) <<NOTE: Compliance.>> Security assistance and reporting
requirement.--Notwithstanding any other provision of law, none
of the funds made available by this or prior appropriations
Acts, including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and Gaza
and reports on the extent of Palestinian compliance with such
benchmarks.
(d) <<NOTE: Audits.>> Oversight by the United States Agency for
International Development.--
(1) <<NOTE: Contracts. Grants. Deadline.>> The
Administrator of the United States Agency for International
Development shall ensure that Federal or non-Federal audits of
all contractors and grantees, and significant subcontractors and
sub-grantees, under the West Bank and Gaza Program, are
conducted at least on an annual basis to ensure, among other
things, compliance with this section.
(2) <<NOTE: Investigations.>> Of the funds appropriated by
this Act, up to $1,000,000 may be used by the Office of
Inspector General of the United States Agency for International
Development for audits, investigations, and other activities in
furtherance of the requirements of this subsection: Provided,
That such funds are in addition to funds otherwise available for
such purposes.
(e) <<NOTE: Investigation. Time period.>> Comptroller General of
the United States Audit.--Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in fiscal year
2021 under the heading ``Economic Support Fund'', and such audit shall
address--
(1) <<NOTE: Compliance.>> the extent to which such Program
complies with the requirements of subsections (b) and (c); and
(2) <<NOTE: Examination.>> an examination of all programs,
projects, and activities carried out under such Program,
including both obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) <<NOTE: President.>> Prohibition of Funds.--None of
the funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 may be
obligated
[[Page 134 STAT. 1762]]
or expended with respect to providing funds to the Palestinian
Authority.
(b) <<NOTE: Certification.>> Waiver.--The prohibition included in
subsection (a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) <<NOTE: Reports.>> Certification.--If the President exercises
the waiver authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to the
obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and all
financing mechanisms flow through this account, no parallel financing
mechanisms exist outside of the Palestinian Authority treasury account,
and there is a single comprehensive civil service roster and payroll,
and the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) <<NOTE: Certification. Reports. Compliance.>>
Notwithstanding the limitation of paragraph (1), assistance may
be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that
such government, including all of its ministers or such
equivalent, has publicly accepted and is complying with the
principles contained in section 620K(b)(1) (A) and (B) of the
Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) <<NOTE: Reports. Time period. Compliance.>> Whenever
the certification pursuant to paragraph (2) is exercised, the
Secretary of State shall submit a report to the Committees on
Appropriations within 120 days of the certification and every
quarter thereafter on whether such government, including all of
its ministers or such equivalent are
[[Page 134 STAT. 1763]]
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as
amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full
accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law restricting
assistance for Egypt, except for this subsection and section
620M of the Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $125,000,000 shall be made available for assistance for
Egypt, of which $40,000,000 should be made available for higher
education programs, including not less than $15,000,000 for
scholarships for Egyptian students with high financial need to
attend not-for-profit institutions of higher education in Egypt
that are currently accredited by a regional accrediting agency
recognized by the United States Department of Education, or
meets standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency
recognized by such Department: Provided, That such funds shall
be made available for democracy programs, and for development
programs in the Sinai: <<NOTE: Certification. Reports.>>
Provided further, That such funds may not be made available for
cash transfer assistance or budget support unless the Secretary
of State certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent and
effective steps to stabilize the economy and implement market-
based economic reforms.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', $1,300,000,000, to remain available until
September 30, 2022, should be made available for
assistance for Egypt: Provided,
That <<NOTE: Consultation. Notification.>> such funds
may be transferred to an interest bearing account in the
Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations, and the uses of
any interest earned on such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: <<NOTE: Certification. Reports. Human
rights.>> Provided further, That $225,000,000 of such
funds shall be withheld from obligation until the
Secretary of State certifies and reports to
[[Page 134 STAT. 1764]]
the Committees on Appropriations that the Government of
Egypt is taking sustained and effective steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt, including
to protect religious minorities and the rights of
women, which are in addition to steps taken during
the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms
of expression, association, and peaceful assembly,
including the ability of civil society
organizations, human rights defenders, and the
media to function without interference;
(iii) hold Egyptian security forces
accountable, including officers credibly alleged
to have violated human rights;
(iv) investigate and prosecute cases of
extrajudicial killings and forced disappearances;
and
(v) provide regular access for United States
officials to monitor such assistance in areas
where the assistance is used:
Provided further, That the certification requirement
of this paragraph shall not apply to funds appropriated
by this Act under such heading for counterterrorism,
border security, and nonproliferation programs for
Egypt.
(B) <<NOTE: Determination. Reports.>> Waiver.--The
Secretary of State may waive the certification
requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met: Provided, That the report required
by this paragraph shall be submitted in unclassified
form, but may be accompanied by a classified annex.
(C) <<NOTE: Determination. Reports. Political
prisoners.>> In addition to the funds withheld pursuant
to subparagraph (A), $75,000,000 of the funds made
available pursuant to this paragraph shall be withheld
from obligation until the Secretary of State determines
and reports to the Committees on Appropriations that the
Government of Egypt is making clear and consistent
progress in releasing political prisoners and providing
detainees with due process of law.
(4) <<NOTE: April Corley.>> September 13, 2015, attack.--
The Secretary of State shall encourage good faith negotiations
between the relevant parties regarding the September 13, 2015,
attack against a tour group by the Egyptian military during
which American April Corley was injured: <<NOTE: Reports. Time
period. Termination date.>> Provided, That in lieu of the
reporting requirement under section 7041(a)(4) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2020 (division G of Public Law 116-94), the
Secretary of State shall report to the Committees on
Appropriations on the status of such negotiations not later than
60 days after enactment of this Act and every 90 days thereafter
until September 30, 2021.
(b) Iran.--
[[Page 134 STAT. 1765]]
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in House Report 116-444.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) <<NOTE: Consultation.>> Sanctions report.--Not
later than 180 days after the date of enactment of this
Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the
appropriate congressional committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed enforcement
of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region
of Iraq;
(B) stabilization assistance, including in Anbar
Province;
(C) justice sector strengthening;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(E) programs to protect and assist religious and
ethnic minority populations in Iraq, including as
described under this section in House Report 116-444.
(2) <<NOTE: Consultation. Notification.>> United states
consulate general basrah.--Any change in the status of
operations at United States Consulate General Basrah, including
the return of Consulate property located adjacent to the Basrah
International Airport to the Government of Iraq, shall be
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(3) Basing rights agreement.--None of the funds appropriated
or otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent basing
rights agreement between the United States and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available for
assistance for Jordan, of which: not less than $845,100,000 shall be
made available for budget support for the Government of Jordan; not less
than $10,000,000 shall be made available for programs and activities for
which policy justifications and decisions shall be the responsibility of
the United States Chief of Mission
[[Page 134 STAT. 1766]]
in Jordan; and not less than $425,000,000 shall be made available under
the heading ``Foreign Military Financing Program''.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) <<NOTE: Consultation.>> Funds appropriated by
this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are made available for
assistance for Lebanon may be made available for
programs and equipment for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces
(LAF) to address security and stability requirements in
areas affected by conflict in Syria, following
consultation with the appropriate congressional
committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) <<NOTE: Terrorism.>> strengthen border
security and combat terrorism, including training
and equipping the LAF to secure the borders of
Lebanon and address security and stability
requirements in areas affected by conflict in
Syria, interdicting arms shipments, and preventing
the use of Lebanon as a safe haven for terrorist
groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That <<NOTE: Spend plan. Deadline.>> prior to
obligating funds made available by this subparagraph for
assistance for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a spend plan,
including actions to be taken to ensure equipment
provided to the LAF is used only for the intended
purposes, except such plan may not be considered as
meeting the notification requirements under section 7015
of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later
than June 1, 2021: <<NOTE: Notification.>> Provided
further, That any notification submitted pursuant to
such section shall include any funds specifically
intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or the
LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) Libya.--
[[Page 134 STAT. 1767]]
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization assistance
for Libya, including support for a United Nations-facilitated
political process and border security: <<NOTE: Applicability.>>
Provided, That the limitation on the uses of funds for certain
infrastructure projects in section 7041(f)(2) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76) shall
apply to such funds.
(2) <<NOTE: Reports.>> Certification.--Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: <<NOTE: Deadline.>>
Provided, That not later than 90 days after enactment of this
Act and prior to the obligation of such funds, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall consult with
the Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may only
be used for the purposes requested in the Congressional Budget
Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--
(1) International military education and training.--None of
the funds appropriated by this Act under the heading
``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure, or
extend (or participate in the extension of) credit in connection
with the export of nuclear technology, equipment, fuel,
materials, or other nuclear technology-related goods or services
to Saudi Arabia unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards Agreement with
the International Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $40,000,000 shall be
[[Page 134 STAT. 1768]]
made available, notwithstanding any other provision of law, for
non-lethal stabilization assistance for Syria, of which not less
than $7,000,000 shall be made available for emergency medical
and rescue response and chemical weapons use investigations.
(2) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) <<NOTE: Iran. Terrorism.>> may not be made
available for a project or activity that supports or
otherwise legitimizes the Government of Iran, foreign
terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria;
(B) <<NOTE: Russia. Determination.>> may not be
made available for activities that further the strategic
objectives of the Government of the Russian Federation
that the Secretary of State determines may threaten or
undermine United States national security interests; and
(C) <<NOTE: Bashar al-Assad.>> should not be used
in areas of Syria controlled by a government led by
Bashar al-Assad or associated forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III and IV of
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, not less than
$241,400,000 shall be made available for assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) <<NOTE: Waiver authority. Certifications.>>
None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made
available for assistance for the Palestinian Authority,
if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full
membership as a state in the United
Nations or any specialized agency
[[Page 134 STAT. 1769]]
thereof outside an agreement negotiated
between Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC)
judicially authorized investigation, or
actively support such an investigation,
that subjects Israeli nationals to an
investigation for alleged crimes against
Palestinians.
(ii) <<NOTE: Reports.>> The Secretary of
State may waive the restriction in clause (i) of
this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that
to do so is in the national security interest of
the United States, and submits a report to such
Committees detailing how the waiver and the
continuation of assistance would assist in
furthering Middle East peace.
(B)(i) <<NOTE: President. Determinations.>> The
President may waive the provisions of section 1003 of
the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the appropriate congressional
committees that the Palestinians have not, after the
date of enactment of this Act--
(I) obtained in the United Nations
or any specialized agency thereof the
same standing as member states or full
membership as a state outside an
agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported
an ICC investigation against Israeli
nationals for alleged crimes against
Palestinians.
(ii) <<NOTE: Deadline.>> Not less than 90
days after the President is unable to make the
certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003
of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the
House of Representatives, the President pro
tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered
into direct and meaningful negotiations with
Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under
previous provisions of law must expire before the
waiver under the preceding sentence may be
exercised.
(iii) <<NOTE: Time periods.>> Any waiver
pursuant to this subparagraph shall be effective
for no more than a period of 6 months at a time
and shall not apply beyond 12 months after the
enactment of this Act.
(3) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza shall
be made available consistent with section 1004(a) of the Taylor
Force Act (title X of division S of Public Law 115-141).
[[Page 134 STAT. 1770]]
(4) <<NOTE: Requirements. Applicability.>> Security
report.--The reporting requirements in section 1404 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252) shall
apply to funds made available by this Act, including a
description of modifications, if any, to the security strategy
of the Palestinian Authority.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and
coexistence with Israel.
(l) Yemen.--Funds appropriated under title III and under the
headings ``International Narcotics Control and Law Enforcement'' and
``Nonproliferation, Anti-terrorism, Demining and Related Programs'' of
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be made available
for health, humanitarian, and stabilization assistance for Yemen.
africa
Sec. 7042. (a) <<NOTE: Determination. Reports.>> African Great
Lakes Region Assistance Restriction.--Funds appropriated by this Act
under the heading ``International Military Education and Training'' for
the central government of a country in the African Great Lakes region
may be made available only for Expanded International Military Education
and Training and professional military education until the Secretary of
State determines and reports to the Committees on Appropriations that
such government is not facilitating or otherwise participating in
destabilizing activities in a neighboring country, including aiding and
abetting armed groups.
(b) <<NOTE: Boko Haram.>> Cameroon.--Funds appropriated under title
IV of this Act that are made available for assistance for the armed
forces of Cameroon, including the Rapid Intervention Battalion, may only
be made available to counter regional terrorism, including Boko Haram
and other Islamic State affiliates, participate in international
peacekeeping operations, and for military education and maritime
security programs.
(c) Central African Republic.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than $3,000,000
shall be made available for a contribution to the Special Criminal Court
in Central African Republic.
(d) <<NOTE: Lord's Resistance Army. Child soldiers.>> Counter
Illicit Armed Groups.--Funds appropriated by this Act shall be made
available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) or other illicit armed groups in Eastern
Democratic Republic of the Congo and the Central African Republic,
including to improve physical access, telecommunications infrastructure,
and early-warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants, especially
child soldiers.
(e) <<NOTE: Ebola.>> Democratic Republic of the Congo.--Of the
funds appropriated under titles III and IV of this Act, not less than
$325,000,000 shall be made available for assistance for the Democratic
Republic of the Congo (DRC) for stabilization, global health, and
bilateral economic assistance, including in areas affected by, and at
risk from, the Ebola virus disease: Provided, That such funds shall
also be made available to support security, stabilization,
[[Page 134 STAT. 1771]]
development, and democracy in Eastern DRC: Provided further, That funds
appropriated by this Act under the headings ``Peacekeeping Operations''
and ``International Military Education and Training'' that are made
available for such purposes may be made available notwithstanding any
other provision of law, except section 620M of the Foreign Assistance
Act of 1961.
(f) Lake Chad Basin Countries.--Funds appropriated under titles III
and IV of this Act shall be made available for assistance for Cameroon,
Chad, Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) <<NOTE: Boko Haram.>> assistance for individuals
targeted by foreign terrorist and other extremist organizations,
including Boko Haram, consistent with the provisions of section
7059 of this Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(g) Malawi.--Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $60,000,000 shall be made
available for assistance for Malawi, of which up to $10,000,000 shall be
made available for higher education programs.
(h) Sahel Stabilization and Security.--Funds appropriated under
titles III and IV of this Act shall be made available for stabilization,
health, development, and security programs in the countries of the Sahel
region.
(i) South Sudan.--
(1) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be made
available for conflict mitigation and reconciliation programs.
(2) <<NOTE: Consultations.>> Limitation on assistance for
the central government.--Funds appropriated by this Act that are
made available for assistance for the central Government of
South Sudan may only be made available, following consultation
with the Committees on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect,
and respond to infectious diseases;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such agreement:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary
of State shall consult with the Committees on Appropriations on
the intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(j) Sudan.--
(1) Assistance.--
(A) <<NOTE: Consultation.>> Of the funds
appropriated under title III of this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs, except for
funds designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on
[[Page 134 STAT. 1772]]
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, not less than $60,000,000 shall be
made available for assistance for Sudan, following
consultation with the Committees on Appropriations:
Provided, That amounts repurposed pursuant to this
subparagraph that were previously designated by the
Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of such Act: Provided
further, That notwithstanding any other provision of
law, such funds may be made available for agriculture
and economic growth programs, and economic assistance
for marginalized areas in Sudan and Abyei.
(B) None of the funds appropriated under title IV of
this Act may be made available for assistance for the
Government of Sudan, except assistance to support
implementation of outstanding issues of the
Comprehensive Peace Agreement, mutual arrangements
related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in Sudan.
(2) Extension of authorization.--Section 501(i) of title V
of H.R. 3425 of the 106th Congress, as enacted into law by
section 1000(a)(5) of Public Law 106-113 (113 Stat. 1501, 1535-
36), and set forth in Appendix E thereof (113 Stat. 1501A-289,-
313), as most recently amended by section 904(b) of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94, 113
Stat. 2534, 3086), <<NOTE: 22 USC 2395a note.>> is further
amended by striking ``2000-2021'' and inserting ``2000-2025''.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for any
new program, project, or activity in Sudan shall be subject to
prior consultation with the appropriate congressional
committees.
(k) <<NOTE: Certifications. Reports. 22 USC 2151 note.>>
Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule of
law has been restored, including respect for ownership and title
to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
[[Page 134 STAT. 1773]]
(1) Bilateral economic assistance.--
(A) Of the funds appropriated under title III and
under the heading ``International Narcotics Control and
Law Enforcement'' of this Act, not less than
$134,950,000 shall be made available for assistance for
Burma: <<NOTE: Consultation.>> Provided, That such
funds may be made available notwithstanding any other
provision of law and following consultation with the
appropriate congressional committees: Provided further,
That such funds shall be made available for programs to
promote ethnic and religious tolerance and to combat
gender-based violence, including in Kachin, Karen,
Rakhine, and Shan states: Provided further, That such
funds shall be made available for programs to strengthen
media and civil society organizations: Provided
further, That such funds may be made available for
ethnic groups and civil society in Burma to help sustain
ceasefire agreements and further prospects for
reconciliation and peace, which may include support to
representatives of ethnic armed groups for this purpose.
(B) Funds appropriated under title III of this Act
for assistance for Burma shall be made available for
community-based organizations operating in Thailand to
provide food, medical, and other humanitarian assistance
to internally displaced persons in eastern Burma, in
addition to assistance for Burmese refugees from funds
appropriated by this Act under the heading ``Migration
and Refugee Assistance'': Provided,
That <<NOTE: Refugees.>> such funds may be available
for programs to support the return of Kachin, Karen,
Rohingya, Shan, and other refugees and internally
displaced persons to their locations of origin or
preference in Burma only if such returns are voluntary
and consistent with international law.
(C) <<NOTE: Reports.>> Funds appropriated under
title III of this Act for assistance for Burma that are
made available for assistance for the Government of
Burma to support the implementation of Nationwide
Ceasefire Agreement conferences, committees, and other
procedures may only be made available if the Secretary
of State reports to the Committees on Appropriations
that such conferences, committees, and procedures are
directed toward a sustainable peace and the Government
of Burma is implementing its commitments under such
Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: <<NOTE: Consultations.>> Provided, That the Department
of State may continue consultations with the armed forces of
Burma only on human rights and disaster response in a manner
consistent with the prior fiscal year, and following
consultation with the appropriate congressional committees.
(3) <<NOTE: Human rights. Determination.>> Limitations.--
None of the funds appropriated under title III of this Act for
assistance for Burma may be made available to any organization
or entity controlled by the armed forces of Burma, or to any
individual or organization that has committed a gross violation
of human rights or advocates violence against ethnic or
religious groups or individuals in
[[Page 134 STAT. 1774]]
Burma, as determined by the Secretary of State for programs
administered by the Department of State and USAID or the
President of the National Endowment for Democracy (NED) for
programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2021 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $85,505,000 shall be made available
for assistance for Cambodia.
(2) Certification and exceptions.--
(A) <<NOTE: Reports.>> Certification.--None of the
funds appropriated by this Act that are made available
for assistance for the Government of Cambodia may be
obligated or expended unless the Secretary of State
certifies and reports to the Committees on
Appropriations that such Government is taking effective
steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against
interference by the People's Republic of China,
including by verifiably maintaining the neutrality
of Ream Naval Base, other military installations
in Cambodia, and dual use facilities such as the
Dara Sakor development project;
(iii) cease violence and harassment against
civil society and the political opposition in
Cambodia, and dismiss any politically motivated
criminal charges against those who criticize the
government; and
(iv) respect the rights, freedoms, and
responsibilities enshrined in the Constitution of
the Kingdom of Cambodia as enacted in 1993.
(B) Exceptions.--The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the
influence activities of the People's Republic of China
in Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research and education programs associated with
the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People's Republic of
China to expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act of
2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,482,000,000 shall be made
available to support implementation of the Indo-Pacific Strategy
and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
409).
[[Page 134 STAT. 1775]]
(2) <<NOTE: Consultation.>> Countering chinese influence
fund.--Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not less
than $300,000,000 shall be made available for a Countering
Chinese Influence Fund to counter the malign influence of the
Government of the People's Republic of China and the Chinese
Communist Party and entities acting on their behalf globally,
which shall be subject to prior consultation with the Committees
on Appropriations: Provided, That such funds are in addition to
amounts otherwise made available for such
purposes: <<NOTE: Transfer authority.>> Provided further, That
such funds appropriated under such headings may be transferred
to, and merged with, funds appropriated under such headings:
Provided further, That <<NOTE: Notification.>> such transfer
authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(3) <<NOTE: China.>> Restriction on uses of funds.--None of
the funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for any project or
activity that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; and
(B) <<NOTE: Consultation. Determination.>> the use
of technology, including biotechnology, digital,
telecommunications, and cyber, developed by the People's
Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads
of other Federal agencies, as appropriate, determines
that such use does not adversely impact the national
security of the United States.
(d) Laos.--Of the funds appropriated under titles III and IV of this
Act, not less than $80,930,000 shall be made available for assistance
for Laos.
(e) North Korea.--
(1) <<NOTE: Determinations. Reports.>> Cybersecurity.--None
of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for assistance for
the central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of
State shall submit the report required by section 209 of the
North Korea Sanctions and Policy Enhancement Act of 2016 (Public
Law 114-122; 22 U.S.C. 9229) to the Committees on
Appropriations: <<NOTE: Waiver authority.>> Provided further,
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for the
central government of a country if the Secretary determines and
reports to the appropriate congressional committees that to do
so is important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
[[Page 134 STAT. 1776]]
made available to maintain broadcasting hours into North Korea
at levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' shall
be made available for the promotion of human rights in North
Korea: <<NOTE: Applicability.>> Provided, That the authority
of section 7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the Government
of North Korea.
(f) People's Republic of China.--
(1) <<NOTE: Time period. Notification.>> Limitation on use
of funds.--None of the funds appropriated under the heading
``Diplomatic Programs'' in this Act may be obligated or expended
for processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless, at
least 15 days in advance, the Committees on Appropriations are
notified of such proposed action.
(2) <<NOTE: Applicability.>> People's liberation army.--The
terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the PRC, to include such projects or activities by any entity
that is owned or controlled by, or an affiliate of, the PLA:
Provided, That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated
by this Act under the first paragraph under the heading
``Democracy Fund'', not less than $3,000,000 shall be
made available for democracy and Internet freedom
programs for Hong Kong, including legal and other
support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are made available
for assistance for Hong Kong should be obligated for
assistance for the Government of the People's Republic
of China and the Chinese Communist Party or any entity
acting on their behalf in Hong Kong.
(C) Report.--Funds appropriated under title I of
this Act shall be made available to prepare and submit
to Congress the report required by section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731), which shall include the information described in
section 7043(f)(4)(B) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94) and under
this paragraph in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
[[Page 134 STAT. 1777]]
(4) <<NOTE: Determination. Deadline.>> Uyghurs and other
muslim minorities.--The determination described under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) shall
be submitted to the appropriate congressional committees not
later than 90 days after enactment of this Act.
(5) <<NOTE: Consultation.>> Clarification.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for programs in the People's
Republic of China may be used to counter the impact of Chinese
influence and investments in the Greater Mekong Subregion,
following consultation with the Committees on Appropriations.
(g) Philippines.--None of the funds appropriated by this Act may be
made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and
vote of the United States to support financing of projects in
Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural
resources to non-Tibetans, are based on a thorough needs-
assessment, foster self-sufficiency of the Tibetan people and
respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--(A) Notwithstanding
any other provision of law, of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education, and
environmental conservation in Tibetan communities in the Tibet
Autonomous Region and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $6,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds shall
be administered by the United States Agency for International
Development.
(i) Vietnam.--Of the funds appropriated under titles III and IV of
this Act, not less than $169,739,000 shall be made available for
assistance for Vietnam, of which not less than--
[[Page 134 STAT. 1778]]
(1) $14,500,000 shall be made available for health and
disability programs in areas sprayed with Agent Orange and
contaminated with dioxin, to assist individuals with severe
upper or lower body mobility impairment or cognitive or
developmental disabilities;
(2) $19,000,000 shall be made available, notwithstanding any
other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes; and
(3) $2,500,000 shall be made available for a war legacy
reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' that are made available
for assistance for Afghanistan--
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan;
(B) shall be made available for programs that
implement and support comprehensive strategies to combat
corruption in Afghanistan, with an emphasis on public
disclosure of government receipts and expenditures and
prosecution and punishment of corrupt officials;
(C) shall be made available to continue support for
not-for-profit institutions of higher education in
Kabul, Afghanistan that are accessible to both women and
men in a coeducational environment, including for the
costs for operations and security for such institutions;
(D) shall be made available for programs that
protect and strengthen the rights of Afghan women and
girls and promote the political and economic empowerment
of women including their meaningful inclusion in
political processes: Provided, That <<NOTE: Grants.>>
such assistance to promote the economic empowerment of
women shall be made available as grants to Afghan
organizations, to the maximum extent practicable;
(E) <<NOTE: Priority. Determination.>> shall
prioritize, unless the Secretary of State or the
Administrator of the United States Agency for
International Development, as appropriate, determines
that security conditions do not permit or risk
deterioration, assistance to support long-term
development in areas previously under the control of the
Taliban or other violent extremist
groups: <<NOTE: Consultation.>> Provided, That such
funds may be made available notwithstanding any other
provision of law and following consultation with the
Committees on Appropriation;
(F) may not be made available for any program,
project, or activity pursuant to section 7044(a)(1)(C)
of the Department of State, Foreign Operations, and
Related Programs
[[Page 134 STAT. 1779]]
Appropriations Act, 2019 (division F of Public Law 116-
6); and
(G) may be made available, notwithstanding any other
provision of law, for programs and activities to address
the needs of the people of Afghanistan in support of
peace and reconciliation, including reintegration of
former Taliban and other extremists.
(2) Afghan women.--
(A) In general.--The Secretary of State shall
promote and ensure the meaningful participation of
Afghan women in any discussions between the Government
of Afghanistan and the Taliban related to the future of
Afghanistan in a manner consistent with the Women,
Peace, and Security Act of 2017 (Public Law 115-68) and
the 2019 United States Strategy on Women, Peace, and
Security, including through--
(i) advocacy by the United States Government
for the inclusion of Afghan women representatives,
particularly from civil society and rural
provinces, in ongoing and future discussion;
(ii) the leveraging of assistance for the
protection of women and girls and their rights;
and
(iii) efforts to ensure that any agreement
protects women's and girl's rights and ensures
their freedom of movement, rights to education and
work, and access to healthcare and legal
representation.
(B) <<NOTE: Reports.>> Assistance.--Funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Economic Support Fund'' shall be made available for an
endowment pursuant to paragraph (3)(A)(iv) of this
subsection for a not-for-profit institution of higher
education in Kabul, Afghanistan that is accessible to
both women and men in a coeducational environment:
Provided, That such endowment shall be established in
partnership with a United States-based American higher
education institution that will serve on its board of
trustees: Provided further,
That <<NOTE: Requirements.>> prior to the obligation of
funds for such an endowment, the Administrator of the
United States Agency for International Development shall
submit a report to the Committees on Appropriations
describing the governance structure, including a
proposed board of trustees, and financial safeguards,
including regular audit and reporting requirements, in
any endowment agreement: Provided further, That the
USAID Administrator shall provide a report on the
expenditure of funds generated from such an endowment to
the Committees on Appropriations on an annual basis.
(3) Authorities.--
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of
the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former
[[Page 134 STAT. 1780]]
combatants who have renounced violence against the
Government of Afghanistan, including in accordance
with section 7046(a)(2)(B)(ii) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law
112-74);
(iii) for an endowment to empower women and
girls; and
(iv) for an endowment for higher education.
(B) <<NOTE: Applicability.>> Section 7046(a)(2)(A)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74) shall apply to funds appropriated by
this Act for assistance for Afghanistan.
(C) <<NOTE: Transfer authority.>> Of the funds
appropriated by this Act under the heading ``Diplomatic
Programs'', up to $3,000,000 may be transferred to any
other appropriation of any department or agency of the
United States Government, upon the concurrence of the
head of such department or agency, to support operations
in, and assistance for, Afghanistan and to carry out the
provisions of the Foreign Assistance Act of
1961: <<NOTE: Notification.>> Provided, That any such
transfer shall be subject to the regular notification
procedures of the Committees on Appropriations.
(4) <<NOTE: Deadlines.>> Agreement, report, and
certification.--Funds appropriated by this Act shall be made
available for the following purposes--
(A) <<NOTE: President. Records.>> the submission to
the appropriate congressional committees by the
President of a copy of any agreement or arrangement
between the Government of the United States and the
Taliban relating to the United States presence in
Afghanistan or Taliban commitments on the future of
Afghanistan, which shall be submitted not later than 30
days after finalizing or amending such an agreement or
arrangement: Provided, That not later than 30 days
after enactment of this Act and every 60 days thereafter
until September 30, 2021, the Secretary of State shall
submit to such committees a report detailing and
assessing the activities of the Taliban to abide by
their commitments in such agreement or arrangement; and
(B) the submission to the appropriate congressional
committees of a joint certification by the Secretary of
State and Secretary of Defense that such agreement or
arrangement, or any amendment to such agreement or
arrangement, will further the objective of setting
conditions for the long-term defeat of al Qaeda and
Islamic State and will not make the United States more
vulnerable to terrorist attacks originating from
Afghanistan or supported by terrorist elements in
Afghanistan: Provided, That the initial joint
certification to such committees shall be submitted upon
enactment of this Act, and additional joint
certifications, as appropriate, shall be submitted to
such committees not later than 30 days after any
amendment to such agreement or arrangement.
(5) <<NOTE: Deadline. Consultations.>> Updated strategy.--
Not less than 90 days after enactment of this Act, the Secretary
of State, in consultation with the heads of other relevant
Federal agencies, shall submit
[[Page 134 STAT. 1781]]
to the appropriate congressional committees a comprehensive,
multi-year strategy for diplomatic and development engagement
with the Government of Afghanistan that reflects the agreement
between the United States and the Taliban, as well as intra-
Afghan negotiations: Provided, That such strategy shall include
a component to protect and strengthen women and girl's welfare
and rights, including in any intra-Afghan negotiation and during
the implementation of any peace agreement: Provided further,
That such strategy shall describe the anticipated United States
diplomatic and military presence in Afghanistan over a multi-
year period and related strategy for mitigating and countering
ongoing terrorist threats and violent extremism: Provided
further, That the Secretary of State shall consult with such
committees on the parameters of such strategy: Provided
further, That the strategy required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(6) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act, not less than $198,323,000 shall be made available for
assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and due process of
law; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall be
made available for such programs for the Rohingya community in
Bangladesh.
(c) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $130,265,000 shall be made
available for assistance for Nepal, including for development
and democracy programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That <<NOTE: Certification. Reports. Human rights.>> such funds
may only be made available for any additional uses if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Nepal is investigating and
prosecuting violations of human rights and the laws of war, and
the Nepal Army is cooperating fully with civilian judicial
authorities in such cases.
(d) Pakistan.--
(1) <<NOTE: Extension.>> Terms and conditions.--The terms
and conditions of section 7044(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6) shall continue in effect
during fiscal year 2021.
[[Page 134 STAT. 1782]]
(2) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for Pakistan,
not less than $15,000,000 shall be made available for democracy
programs and not less than $10,000,000 shall be made available
for gender programs.
(3) Clarification.--Notwithstanding paragraph (1), section
7044(d)(4)(A) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) is amended by striking ``shall'' and
inserting in lieu thereof ``may''.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing
persons.
(2) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act for assistance for the central Government of Sri
Lanka may be made available only if the Secretary of State
certifies and reports to the Committees on Appropriations that
such Government is taking effective and consistent steps to--
(A) <<NOTE: Human rights.>> respect and uphold the
rights and freedoms of the people of Sri Lanka
regardless of ethnicity and religious belief, including
by investigating violations of human rights and holding
perpetrators of such violations accountable;
(B) increase transparency and accountability in
governance;
(C) assert its sovereignty against influence by the
People's Republic of China; and
(D) promote reconciliation between ethnic and
religious groups, particularly arising from past
conflict in Sri Lanka, including by--
(i) addressing land confiscation and ownership
issues;
(ii) resolving cases of missing persons,
including by maintaining a functioning office of
missing persons;
(iii) reducing the presence of the armed
forces in former conflict zones and restructuring
the armed forces for a peacetime role that
contributes to post-conflict reconciliation and
regional security;
(iv) repealing or amending laws on arrest and
detention by security forces to comply with
international standards; and
(v) investigating allegations of arbitrary
arrest and torture, and supporting a credible
justice mechanism:
Provided, That the limitations of this paragraph shall
not apply to funds made available for humanitarian
assistance and disaster relief; to protect human rights,
locate and identify missing persons, and assist victims
of torture and trauma; to promote justice,
accountability, and reconciliation; to enhance maritime
security and domain awareness; to promote fiscal
transparency and sovereignty; and for International
Military Education and Training.
(3) International security assistance.--Of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
[[Page 134 STAT. 1783]]
programs under the heading ``Foreign Military Financing
Program'', up to $15,000,000 may be made available for
assistance for Sri Lanka for the refurbishing of a high
endurance cutter: Provided, That in addition to such funds, up
to $500,000 may be made available only for programs to support
humanitarian assistance, disaster relief, instruction in human
rights and related curricula development, and maritime security
and domain awareness, including professionalization and training
for the navy and coast guard: Provided further, That amounts
repurposed pursuant to this paragraph that were previously
designated by the Congress, respectively, as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
such Act or for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(f) Regional Programs.--Funds appropriated by this Act shall be made
available for assistance for Afghanistan, Pakistan, and other countries
in South and Central Asia to significantly increase the recruitment,
training, and retention of women in the judiciary, police, and other
security forces, and to train judicial and security personnel in such
countries to prevent and address gender-based violence, human
trafficking, and other practices that disproportionately harm women and
girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, $505,925,000 should be made available for
assistance for Belize, Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, and Panama, including through the Central
America Regional Security
Initiative: <<NOTE: Priority. Aliens.>> Provided, That such
assistance shall be prioritized for programs and activities that
address the key factors that contribute to the migration of
unaccompanied, undocumented minors to the United States and such
funds shall be made available for global health, humanitarian,
development, democracy, border security, and law enforcement
programs for such countries, including for programs to reduce
violence against women and girls and to combat corruption, and
for support of commissions against corruption and impunity, as
appropriate: Provided further, That not less than $45,000,000
shall be made available for support of offices of Attorneys
General and of other entities and activities to combat
corruption and impunity in such countries.
(2) Northern triangle.--
(A) <<NOTE: Certification. Reports.>> Limitation on
assistance to certain central governments.--Of the funds
made available pursuant to paragraph (1) under the
heading ``Economic Support Fund'' and under title IV of
this Act that are made available for assistance for each
of the central governments of El Salvador, Guatemala,
and Honduras, 50 percent may only be obligated after the
Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
[[Page 134 STAT. 1784]]
(i) combating corruption and impunity,
including prosecuting corrupt government
officials;
(ii) implementing reforms, policies, and
programs to increase transparency and strengthen
public institutions;
(iii) protecting the rights of civil society,
opposition political parties, and the independence
of the media;
(iv) providing effective and accountable law
enforcement and security for its citizens, and
upholding due process of law;
(v) implementing policies to reduce poverty
and promote equitable economic growth and
opportunity;
(vi) upholding the independence of the
judiciary and of electoral institutions;
(vii) improving border security;
(viii) combating human smuggling and
trafficking and countering the activities of
criminal gangs, drug traffickers, and
transnational criminal organizations;
(ix) informing its citizens of the dangers of
the journey to the southwest border of the United
States; and
(x) resolving disputes involving the
confiscation of real property of United States
entities.
(B) Reprogramming.--If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the governments, such assistance for such
central government shall be reprogrammed for assistance
for other countries in Latin America and the Caribbean,
notwithstanding the minimum funding requirements of this
subsection and of section 7019 of this
Act: <<NOTE: Notification.>> Provided, That any such
reprogramming shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) offices of Attorneys General and other
judicial entities and activities related to
combating corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(D) Foreign military financing program.--None of the
funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $461,375,000 shall be made
available for assistance for Colombia: Provided, That such
funds shall be made available for the programs and activities
described under this section in House Report 116-444.
(2) <<NOTE: Certifications. Reports.>> Withholding of
funds.--
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' and made available for
assistance for Colombia, 20 percent may be obligated
only after the
[[Page 134 STAT. 1785]]
Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Colombia is continuing to implement a national whole-of-
government counternarcotics strategy designed to reduce
by 50 percent cocaine production and coca cultivation
levels in Colombia by 2023 and such strategy is not in
violation of the 2016 peace accord between the
Government of Colombia and the Revolutionary Armed
Forces of Colombia.
(B) Human rights.--Of the funds appropriated by this
Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only after the
Secretary of State certifies and reports to the
Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and
other judicial authorities are taking effective
steps to hold accountable perpetrators of gross
violations of human rights in a manner consistent
with international law, including for command
responsibility, and sentence them to deprivation
of liberty;
(ii) the Government of Colombia is taking
effective steps to prevent attacks against human
rights defenders and other civil society
activists, trade unionists, and journalists, and
judicial authorities are prosecuting those
responsible for such attacks;
(iii) the Government of Colombia is taking
effective steps to protect Afro-Colombian and
indigenous communities and is respecting their
rights and territory;
(iv) senior military officers responsible for
ordering, committing, and covering up cases of
false positives are being held accountable,
including removal from active duty if found guilty
through criminal or disciplinary proceedings; and
(v) the Government of Colombia has
investigated and is taking steps to hold
accountable Government officials credibly alleged
to have directed, authorized, or conducted illegal
surveillance of political opponents, government
officials, journalists, and human rights
defenders, including through the use of assets
provided by the United States for combating
counterterrorism and counternarcotics for such
purposes.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs and made
available for assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development programs
and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are
[[Page 134 STAT. 1786]]
made available for assistance for Colombia may be made available
for payment of reparations to conflict victims or compensation
to demobilized combatants associated with a peace agreement
between the Government of Colombia and illegal armed groups.
(c) Haiti.--
(1) <<NOTE: Extension. Applicability.>> Certification.--The
certification requirement contained in section 7045(c)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2020 (division G of Public Law 116-94) shall
continue in effect during fiscal year 2021 and shall also apply
to funds appropriated by this Act under the heading
``Development Assistance'' that are made available for
assistance for Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(3) Limitation.--None of the funds made available by this
Act may be used to provide assistance to the armed forces of
Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $74,800,000 shall be made available for
the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $33,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be made available for
assistance for communities in countries supporting or otherwise
impacted by refugees from Venezuela, including Colombia, Peru,
Ecuador, Curacao, and Trinidad and Tobago: Provided,
That <<NOTE: Consultation. Notification.>> such amounts are in
addition to funds otherwise made available for assistance for
such countries, subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia: <<NOTE: Reports.>>
Provided, That not later than 90 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a report on the rule of law and accountable
institutions in Georgia as described under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $453,000,000 shall be made
available for assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity
[[Page 134 STAT. 1787]]
or national sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the Helsinki Final
Act: <<NOTE: President. Determination.>> Provided, That except as
otherwise provided in section 7047(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That <<NOTE: Consultation.>>
prior to executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) <<NOTE: Determination. Reports.>> Turkey.--None of the funds
made available by this Act may be used to facilitate or support the sale
of defense articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines
and reports to the appropriate congressional committees that members of
the TPPD who are named in the July 17, 2017, indictment by the Superior
Court of the District of Columbia, and against whom there are pending
charges, have returned to the United States to stand trial in connection
with the offenses contained in such indictment or have otherwise been
brought to justice: Provided, That the limitation in this paragraph
shall not apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty Organization or
coalition operations, or to enhance the protection of United States
officials and facilities in Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) <<NOTE: Determinations. Reports.>> Prohibition.--None
of the funds appropriated by this Act may be made available for
assistance for the central government of a country that the
Secretary of State determines and
[[Page 134 STAT. 1788]]
reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, That <<NOTE: Waiver authority.>> except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do
so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-backed
separatists, if such activity includes the participation
of Russian Government officials, or other Russian owned
or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed separatists,
if such assistance includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) <<NOTE: Determination. Reports.>> Duration.--The
requirements and limitations of this subsection shall cease to
be in effect if the Secretary of State determines and reports to
the Committees on Appropriations that the Government of Ukraine
has reestablished sovereignty over Crimea and other territory in
Ukraine under the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) <<NOTE: Determinations. Reports.>> Prohibition.--None
of the funds appropriated by this Act may be made available for
assistance for the central government of a country that the
Secretary of State determines and reports to the Committees on
Appropriations has recognized the independence of, or has
established diplomatic relations with, the Russian Federation
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: <<NOTE: Web posting. List.>> Provided, That the
Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner:
Provided further, That <<NOTE: Waiver authority.>> the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification for
such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
[[Page 134 STAT. 1789]]
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty and territorial
integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act under
the headings ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $290,000,000 shall
be made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017
(Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
country limitation in subsection (b) of such section, and
programs to enhance the capacity of law enforcement and security
forces in countries in Europe, Eurasia, and Central Asia and
strengthen security cooperation between such countries and the
United States and the North Atlantic Treaty Organization, as
appropriate.
(2) Economics and trade.--Funds appropriated by this Act and
made available for assistance for the Eastern Partnership
countries shall be made available to advance the implementation
of Association Agreements and trade agreements with the European
Union, and to reduce their vulnerability to external economic
and political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
not less than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority rights, and
programs to combat anti-Semitism.
united nations
Sec. 7048. (a) <<NOTE: Reports.>> Transparency and
Accountability.--Not later than 180 days after enactment of this Act,
the Secretary of State shall report to the Committees on Appropriations
whether each organization, department, or agency receiving a
contribution from funds appropriated by this Act under the headings
``Contributions to International Organizations'' and ``International
Organizations and Programs'' is--
(1) <<NOTE: Public information. Web posting. Audits.>>
posting on a publicly available website, consistent with privacy
regulations and due process, regular financial and programmatic
audits of such organization, department, or agency, and
providing the United States Government with necessary access to
such financial and performance audits;
[[Page 134 STAT. 1790]]
(2) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) <<NOTE: Determinations. Terrorism.>> Restrictions on United
Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country
the government of which the Secretary of State has determined,
for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 1754(c)
of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or
any other provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) <<NOTE: Reports.>> Waiver.--The Secretary of State may
waive the restriction in this subsection if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national interest of the United
States, including a description of the national interest served.
(c) <<NOTE: Determination. Reports. Israel.>> United Nations Human
Rights Council.--None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights Council unless
the Secretary of State determines and reports to the Committees on
Appropriations that participation in the Council is important to the
national interest of the United States and that such Council is taking
significant steps to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided, That
such report shall include a description of the national interest served
and the steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council: Provided
further, That <<NOTE: Time period.>> the Secretary of State shall
report
[[Page 134 STAT. 1791]]
to the Committees on Appropriations not later than September 30, 2021,
on the resolutions considered in the United Nations Human Rights Council
during the previous 12 months, and on steps taken to remove Israel as a
permanent agenda item and ensure integrity in the election of members to
such Council.
(d) <<NOTE: Reports.>> United Nations Relief and Works Agency.--
Prior to the initial obligation of funds for the United Nations Relief
and Works Agency (UNRWA), the Secretary of State shall report to the
Committees on Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) <<NOTE: Procedures.>> implementing procedures to
maintain the neutrality of its facilities, including
implementing a no-weapons policy, and conducting regular
inspections of its installations, to ensure they are only used
for humanitarian or other appropriate purposes;
(4) <<NOTE: Compliance.>> taking necessary and appropriate
measures to ensure it is operating in compliance with the
conditions of section 301(c) of the Foreign Assistance Act of
1961 and continuing regular reporting to the Department of State
on actions it has taken to ensure conformance with such
conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of the
organization; and
(7) <<NOTE: Compliance.>> in compliance with the United
Nations Board of Auditors' biennial audit requirements and is
implementing in a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation or
expenditure in fiscal year 2021 for contributions to any organization,
department, agency, or program within the United Nations system or any
international program that are withheld from obligation or expenditure
due to any provision of law: Provided, That the <<NOTE: Updates.>>
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided
[[Page 134 STAT. 1792]]
further, That <<NOTE: Consultation. Notification.>> the reprogramming
of any withheld funds identified in such report, including updates
thereof, shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(g) <<NOTE: Determinations.>> Sexual Exploitation and Abuse in
Peacekeeping Operations.--The Secretary of State should withhold
assistance to any unit of the security forces of a foreign country if
the Secretary has credible information that such unit has engaged in
sexual exploitation or abuse, including while serving in a United
Nations peacekeeping operation, until the Secretary determines that the
government of such country is taking effective steps to hold the
responsible members of such unit accountable and to prevent future
incidents: Provided, That <<NOTE: Notifications. Deadline.>> the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible members
of such unit to justice.
(h) <<NOTE: Notification.>> Additional Availability.--Subject to
the regular notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made available
due to the third proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this Act or
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), shall remain available for obligation until September 30,
2022: Provided, That the requirement to withhold funds for programs in
Burma under section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated by this Act.
war crimes tribunals
Sec. 7049. (a) <<NOTE: President. Determination.>> If the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That <<NOTE: Notification.>> funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made available
for a United States contribution to the International Criminal Court:
Provided, That funds may be made available for technical assistance,
training, assistance for victims, protection of witnesses, and law
enforcement support related to international investigations,
apprehensions, prosecutions, and adjudications of genocide, crimes
against humanity, and war crimes: Provided further, That the previous
proviso shall not apply to investigations, apprehensions, or
prosecutions of American service members and
[[Page 134 STAT. 1793]]
other United States citizens or nationals, or nationals of the North
Atlantic Treaty Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance Act of
1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2021 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$70,000,000 shall be made available for programs to promote Internet
freedom globally: <<NOTE: Priority.>> Provided, That such programs
shall be prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interest of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government,
including from the private sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act under
the headings ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the Department of
State International Cyberspace Policy Strategy required
by section 402 of the Cybersecurity Act of 2015
(division N of Public Law 114-113), and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the United
States Government over such censorship techniques:
Provided,
That <<NOTE: Consultation. Coordination. Assessment.>>
the Secretary of State, in consultation with the United
States Agency for Global Media Chief Executive Officer
(USAGM CEO) and the President of the Open Technology
Fund (OTF), shall coordinate any
[[Page 134 STAT. 1794]]
such research and development programs with other
relevant United States Government departments and
agencies in order to share information, technologies,
and best practices, and to assess the effectiveness of
such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, concurs that such funds are
allocated consistent with--
(i) the strategies referenced in subparagraph
(B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship
technology and tools.
(2) <<NOTE: Coordination. Consultations.>> United states
agency for global media.--Funds appropriated by this Act under
the heading ``International Broadcasting Operations'' that are
made available pursuant to subsection (a) shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM
digital content, facilitate audience access to such
content on websites that are censored, coordinate the
distribution of USAGM digital content to targeted
regional audiences, and to promote and distribute such
tools and techniques, including digital security
techniques;
(B) coordinated by the USAGM CEO, in consultation
with the OTF President, with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the USAGM CEO, in consultation
with the OTF President, to solicit project proposals
through an open, transparent, and competitive
application process, seek input from technical and
subject matter experts to select proposals, and support
Internet circumvention tools and techniques for
audiences in countries that are strategic priorities for
the OTF and in a manner consistent with the United
States Government Internet freedom strategy; and
(D) <<NOTE: Evaluation.>> made available for the
research and development of new tools or techniques
authorized in subparagraph (A) only after the USAGM CEO,
in consultation with the Secretary of State, the OTF
President, and other relevant United States Government
departments and agencies, evaluates the risks and
benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) <<NOTE: Consultations. Deadline.>> Coordination and Spend
Plans.--After consultation among the relevant agency heads to coordinate
and de-conflict planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the USAGM CEO, in
consultation with the OTF President, shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies
[[Page 134 STAT. 1795]]
to ensure that such programs are not used for illicit purposes:
Provided, That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State and the
United States Agency for International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support open-source technologies that undergo comprehensive security
audits consistent with the requirements of the Bureau of Democracy,
Human Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to individuals and
organizations benefiting from programs supported by such
funds: <<NOTE: Review. Updates.>> Provided, That the security auditing
procedures used by such Bureau shall be reviewed and updated
periodically to reflect current industry security standards.
(e) <<NOTE: Determination. Reports.>> Surge.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'', up
to $2,500,000 may be made available to surge Internet freedom programs
in closed societies if the Secretary of State determines and reports to
the appropriate congressional committees that such use of funds is in
the national interest: Provided, That <<NOTE: Transfer
authority. Consultation. Notification.>> such funds are in addition to
amounts made available for such purposes: Provided further, That such
funds may be transferred to, and merged with, funds appropriated by this
Act under the heading ``International Broadcasting Operations''
following consultation with, and the regular notification procedures of,
the Committees on Appropriations.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available by this
Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) <<NOTE: Consultation.>> Assistance.--Funds appropriated under
titles III and IV of this Act shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for assistance to
eliminate torture and other cruel, inhuman, or degrading treatment or
punishment by foreign police, military or other security forces in
countries receiving assistance from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) <<NOTE: Applicability. Determination. Reports.>> Property
Disposal.--The authority provided in subsection (a) shall apply only
after the Secretary of State determines and reports to the Committees on
Appropriations that the equipment
[[Page 134 STAT. 1796]]
is no longer required to meet programmatic purposes in the designated
country or region: <<NOTE: Consultation. Notification.>> Provided,
That any such transfer shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be coordinated
under the authority of the appropriate Chief of Mission:
Provided, That notwithstanding section 7063(b) of this Act, such
aircraft may be used to transport, on a reimbursable or non-
reimbursable basis, Federal and non-Federal personnel supporting
Department of State and USAID programs and activities: Provided
further, That official travel for other agencies for other
purposes may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of State
in connection with the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Working Capital Fund of the Department and shall be available
for expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) <<NOTE: Applicability.>> Scope.--The requirement and
authorities of this subsection shall only apply to aircraft, the
primary purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The <<NOTE: Applicability.>> terms and conditions of
section 7055 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September 30, 2009''
in subsection (f)(2)(B) of such section shall be deemed to be
``September 30, 2020''.
international monetary fund
Sec. 7054. (a) <<NOTE: Applicability.>> Extensions.--The terms and
conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) <<NOTE: Notification.>> Limitation.--None of the
funds appropriated in this Act may be used to provide assistance (other
than funds
[[Page 134 STAT. 1797]]
provided under the headings ``Development Assistance'', ``International
Disaster Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and Refugee
Assistance'', ``United States Emergency Refugee and Migration Assistance
Fund'', and ``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has notified
the Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) <<NOTE: Applicability.>> Clarification.--Subsection (a) shall
only apply to the central government of a country with which the United
States maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) <<NOTE: Certification.>> Waiver.--The Secretary of State may
waive the restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the level of
development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to the Supplemental Guidelines
for High Carbon Intensity Projects approved by the Export-Import
Bank of the United States on December 12, 2013, when enforcement
of such rule, regulation, policy, or guidelines would prohibit,
or have the effect of prohibiting, any coal-fired or other
power-generation project the purpose of which is to--
[[Page 134 STAT. 1798]]
(A) provide affordable electricity in International
Development Association (IDA)-eligible countries and
IDA-blend countries; and
(B) increase exports of goods and services from the
United States or prevent the loss of jobs from the
United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2021, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) <<NOTE: Transfer authority. Notification.>> Availability of
Funds.--Funds appropriated by this Act for UNFPA, that are not made
available for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health Programs'' account and shall
be made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the
Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) <<NOTE: Abortion.>> UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
UNFPA is budgeting for the year in which the report is submitted
for a country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health,
[[Page 134 STAT. 1799]]
including in areas where population growth threatens biodiversity or
endangered species.
(b) Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs, which shall
prioritize and accelerate efforts to strengthen public health
capacity in countries where there is a high risk of emerging
zoonotic and other infectious diseases and to support the
collection, analysis, and sharing of data on unknown viruses and
other pathogens: <<NOTE: Deadline. Consultation.>> Provided,
That not later than 60 days after enactment of this Act, the
USAID Administrator shall consult with the Committees on
Appropriations on the planned uses of such funds.
(2) <<NOTE: Determination. Reports. Transfer authority.>>
Extraordinary measures.--If the Secretary of State determines
and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe,
and is spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total of
$200,000,000 of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged with,
funds appropriated under such headings for the purposes of this
paragraph.
(3) Emergency reserve fund.--Up to $50,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section.
(4) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(c) <<NOTE: Coordination.>> Childhood Cancer.--Funds appropriated
under titles III and VI of this Act may be made available for public-
private partnerships, including in coordination with relevant
multilateral organizations and research entities, to address childhood
cancer: Provided, That the <<NOTE: Consultation. Reports.>> Secretary
of State, in consultation with the USAID Administrator and the Office of
Global Partnerships, Department of State, shall submit a report to the
Committees on Appropriations on the feasibility of such partnerships
prior to any obligation of funds and not later than 90 days after
enactment of this Act.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United
[[Page 134 STAT. 1800]]
States Government diplomatic and development efforts by raising
the status, increasing the participation, and protecting the
rights of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's Entrepreneurship
and Economic Empowerment Act of 2018 (Public Law 115-
428): <<NOTE: Consultation.>> Provided, That the Secretary of
State and the Administrator of the United States Agency for
International Development, as appropriate, shall consult with
the Committees on Appropriations on the implementation of such
Act.
(3) Women's global development and prosperity fund.--Of the
funds appropriated under title III of this Act, up to
$200,000,000 may be made available for the Women's Global
Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for programs
specifically designed to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to law,
policy, or practice, by strengthening protections for women's political
status, expanding women's participation in political parties and
elections, and increasing women's opportunities for leadership positions
in the public and private sectors at the local, provincial, and national
levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $165,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not less than
$130,000,000 should be made available to support a multi-year strategy
to expand, and improve coordination of, United States Government efforts
to empower women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts in
countries affected by conflict or in political transition, and to ensure
the equitable provision of relief and recovery assistance to women and
girls.
(e) Women and Girls at Risk From Extremism and Conflict.--Of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available to support
women and girls who are at risk from extremism and conflict, and for the
activities described in section 7059(e)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-
141): <<NOTE: Consultation. Notification.>> Provided, That such funds
are in addition to amounts otherwise made available by this Act for such
purposes, and shall
[[Page 134 STAT. 1801]]
be made available following consultation with, and the regular
notification procedures of, the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $950,000,000 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That such funds shall also be used
for secondary education activities: Provided further,
That <<NOTE: Consultation.>> the Administrator of the
United States Agency for International Development,
following consultation with the Committees on
Appropriations, may reprogram such funds between
countries: Provided further, That of the funds made
available by this paragraph, $150,000,000 should be
available for the education of girls in areas of
conflict: <<NOTE: Notification.>> Provided further,
That funds made available under the headings
``Development Assistance'' and ``Economic Support Fund''
for the support of non-state schools in this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $150,000,000 shall be made available for
contributions to multilateral partnerships that support
education.
(C) Funds appropriated under title III of this Act
and made available for assistance for basic education as
provided for in this paragraph shall be referred to as
the ``Nita M. Lowey Basic Education Fund''.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher
education: <<NOTE: Notification.>> Provided, That such funds
may be made available notwithstanding any other provision of law
that restricts assistance to foreign countries, and shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That of such amount, not
less than $35,000,000 shall be made available for new and
ongoing partnerships between higher education institutions in
the United States and developing countries focused on building
the capacity of higher education institutions and systems in
developing countries: <<NOTE: Deadline. Consultation.>>
Provided further, That not later than 45 days after enactment of
this Act, the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of funds for
such partnerships.
(3) <<NOTE: Consultation.>> Higher education in countries
impacted by economic crises.--In addition to amounts made
available pursuant to paragraph (2), of the funds appropriated
by this Act under the heading ``Economic Support Fund'', not
less than $50,000,000 shall be made available, notwithstanding
any other provision of law that restricts assistance to foreign
countries
[[Page 134 STAT. 1802]]
and following consultation with the Committees on
Appropriations, for the following institutions that are
recipients of United States assistance and located in countries
impacted by economic crises--
(A) United States-accredited institutions of higher
education in the Middle East; and
(B) not-for-profit, coeducational American
institutions of higher education in the Middle East and
Asia.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $18,500,000
shall be made available for USAID cooperative development programs and
not less than $30,000,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment programs.
(B) <<NOTE: Notification.>> Funds made available pursuant
to this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $320,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) <<NOTE: Determination. Reports.>> None of the funds
appropriated under title IV of this Act may be made available
for training or other assistance for any military unit or
personnel that the Secretary of State determines has been
credibly alleged to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the appropriate
congressional committees that to do so is in the national
security interest of the United States.
(D) Funds appropriated by this Act for biodiversity programs
shall not be used to support the expansion of industrial scale
logging or any other industrial scale extractive activity into
areas that were primary/intact tropical forests as of December
30, 2013, and the Secretary of the Treasury shall instruct the
United States executive directors of each international
financial institution (IFI) to use the voice and vote of the
United States to oppose any financing of any such activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy of
such institution, regarding the construction of any large dam
consistent with the criteria set forth in Senate Report 114-79,
while also considering whether the project involves important
foreign policy objectives.
(4) Of the funds appropriated under title III of this Act,
not less than $135,000,000 shall be made available for
sustainable landscapes programs.
[[Page 134 STAT. 1803]]
(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for
adaptation programs, including in support of the implementation
of the Indo-Pacific Strategy.
(6) Of the funds appropriated under title III of this Act,
not less than $179,000,000 shall be made available for renewable
energy programs, including in support of carrying out the
purposes of the Electrify Africa Act (Public Law 114-121) and
implementation of the Power Africa initiative.
(7) Of the funds appropriated under title III of this Act,
not less than $75,000,000 shall be made available for programs
to address ocean plastic pollution and other marine debris,
including technical assistance for waste management: Provided,
That the <<NOTE: Consultation.>> Secretary of State, in
consultation with the Secretary of the Treasury, the USAID
Administrator, and the heads of other relevant Federal agencies,
shall seek to enter into negotiations with key bilateral and
multilateral donors, including the World Bank, to establish a
new multilateral fund for ocean plastic pollution and other
marine debris: Provided further, That such funds may be made
available for a contribution to such new fund, and for a USAID-
administered multi-donor fund for such purposes: Provided
further, That such funds are in addition to amounts otherwise
made available by this Act for such
purposes: <<NOTE: Consultation.>> Provided further, That such
funds may only be made available following consultation with the
Committees on Appropriations.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,010,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195): Provided, That funds may be made available
for a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by
section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115-
334).
(e) Micro, Small, and Medium-sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(f) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'', not
less than $99,000,000 shall be made available for activities to combat
trafficking in persons internationally, including for the Program to End
Modern Slavery, of which not less than $77,000,000 shall be from funds
made available under the heading ``International Narcotics Control and
Law Enforcement'': Provided, That <<NOTE: Coordination.>> funds made
available by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed consistent
with the country-specific recommendations included in the annual
Trafficking in Persons Report, and shall be coordinated with the Office
to Monitor and Combat Trafficking in Persons, Department of State.
[[Page 134 STAT. 1804]]
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $25,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious, and political backgrounds from areas of civil strife and
war: <<NOTE: Consultation. Notification.>> Provided, That the USAID
Administrator shall consult with the Committees on Appropriations, prior
to the initial obligation of funds, on the uses of such funds, and such
funds shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than
the United States Government: Provided further, That such funds shall
be administered by the Office of Conflict Management and Mitigation,
USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $450,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $225,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in developing
countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) <<NOTE: Deadlines.>> Operating Plans.--Not later
than 45 days after enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and the
Department of the Treasury and Independent Agencies funded in title III
of this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2021, that provides
details of the uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification funding
levels, the most recent congressional directives or approved funding
levels, and the funding levels proposed by the department or agency; and
a clear, concise, and informative description/
justification: <<NOTE: Notification.>> Provided further, That
operating plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act),
as applicable, shall be subject to the notification and reprogramming
requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency
for International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, Syria, Colombia, and countries in Central
America;
[[Page 134 STAT. 1805]]
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a country-
by-country basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy and the Countering
Chinese Influence Fund;
(E) democracy programs, the Power Africa and Prosper
Africa initiatives, and sectors enumerated in
subsections (a), (c), (d), (e), (f), (g) and (h) of
section 7060 of this Act;
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for
International Organized Crime and for Cybercrime and
Intellectual Property Rights: Provided, That the spend
plans shall include bilateral and global programs funded
under such heading along with a brief description of the
activities planned for each country; and
(G) the regional security initiatives described
under this heading in section 7050 in Senate Report 116-
126.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--
(1) Submission.--The congressional budget justification for
Department of State operations and foreign operations shall be
provided to the Committees on Appropriations concurrent with the
date of submission of the President's budget for fiscal year
2022: <<NOTE: Appendices.>> Provided, That the appendices for
such justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
(2) Multi-year availability of certain funds.--The Secretary
of State and the USAID Administrator shall include in the
congressional budget justification a detailed justification for
multi-year availability for any funds requested under the
headings ``Diplomatic Programs'' and ``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds appropriated
by this Act, prior Acts making appropriations for the Department
of State, foreign operations, and related programs, or any other
Act may not be used to implement a reorganization, redesign, or
other plan described in paragraph (2) by the Department of
State, the United States Agency for International Development,
or any other Federal department,
[[Page 134 STAT. 1806]]
agency, or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional committees:
Provided, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any such notification submitted to such
Committees shall include a detailed justification for any
proposed action, including the information specified under
section 7073 of the joint explanatory statement accompanying the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6):
Provided further, That congressional notifications submitted in
prior fiscal years pursuant to similar provisions of law in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be deemed to meet
the notification requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action
to--
(A) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; or
(C) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and
locally employed staff workforce of the Department of
State and USAID from the levels specified in sections
7063(d) and 7064(i) of this Act.
(b) Additional Requirements and Limitations.--
(1) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(2) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the Assistant
Secretary for Population, Refugees, and Migration,
Department of State, and this responsibility shall not
be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United
States Ambassador-at-Large for Global Women's Issues,
Department of State, and this responsibility shall not
be delegated.
[[Page 134 STAT. 1807]]
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated by
this Act for the operations of the Department of State under the
headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
be made available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial Systems
Are Insufficient to Track and Report on Foreign Assistance
Funds'': <<NOTE: Plan update.>> Provided, That such funds may not be
obligated for enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management System,
Joint Financial Management System, or Foreign Assistance Coordination
and Tracking System until such updated plan is submitted to the
Committees on Appropriations: Provided further,
That <<NOTE: Consultation. Review. Certification.>> such funds may not
be obligated for new, or expansion of existing, ad hoc electronic
systems to track commitments, obligations, or expenditures of funds
unless the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with the FADR
and OIG recommendations: <<NOTE: Deadline. Plan update.>> Provided
further, That not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) for implementing the FADR and OIG
recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2021: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this Act:
Provided further, That Federal agency components shall be charged only
for their direct usage of each Working Capital Fund service: Provided
further, That prior <<NOTE: Contracts. Fees. Time period. Assessment.>>
to increasing the percentage charged to Department of State bureaus and
offices for procurement-related activities, the Secretary of State shall
include the proposed increase in the Department of State budget
justification or, at least 60 days prior to the increase, provide the
Committees on Appropriations a justification for such increase,
including a detailed assessment of the cost and benefit of the services
provided by the procurement fee: Provided further, That Federal agency
components may only pay for Working Capital Fund services that are
consistent with the purpose and authorities of such
components: <<NOTE: Reimbursement.>> Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service.
(c) Certification.--
(1) <<NOTE: Reports.>> Compliance.--Not later than 45 days
after the initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a Department
of State bureau or office with responsibility for the management
and oversight of such funds, the Secretary of State shall
certify
[[Page 134 STAT. 1808]]
and report to the Committees on Appropriations, on an individual
bureau or office basis, that such bureau or office is in
compliance with Department and Federal financial and grants
management policies, procedures, and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) <<NOTE: Timeline.>> Plan.--If the Secretary of State is
unable to make a certification required by paragraph (1), the
Secretary shall submit a plan and timeline detailing the steps
to be taken to bring such bureau or office into compliance.
(d) Personnel Levels.--Funds made available by this Act are made
available to support the permanent Foreign Service and Civil Service
staff levels of the Department of State at not less than the hiring
targets established in the fiscal year 2020 operating plan.
(e) <<NOTE: Project proposals. Records.>> Information Technology
Platform.--
(1) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(2) <<NOTE: Deadline.>> None of the funds appropriated in
title I of this Act under the heading ``Administration of
Foreign Affairs'' may be used by an agency to submit a project
proposal to the Technology Modernization Board for funding from
the Technology Modernization Fund unless, not later than 15 days
in advance of submitting the project proposal to the Board, the
head of the agency--
(A) <<NOTE: Notification.>> notifies the Committees
on Appropriations of the proposed submission of the
project proposal; and
(B) submits to the Committees on Appropriations a
copy of the project proposal.
(3) None of the funds appropriated in title I of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Administration of Foreign Affairs'' may be used by an
agency to carry out a project that is approved by the Board
unless the head of the agency--
(A) submits to the Committees on Appropriations a
copy of the approved project proposal, including the
terms of reimbursement of funding received for the
project; and
(B) <<NOTE: Reports.>> agrees to submit to the
Committees on Appropriations a copy of each report
relating to the project that the head of the agency
submits to the Board.
[[Page 134 STAT. 1809]]
united states agency for international development management
Sec. 7064. (a) <<NOTE: 22 USC 3948 note.>> Authority.--Up to
$110,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) <<NOTE: Expiration date. 22 USC 3948 note. 22 USC 3948 note.>>
Restriction.--The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2022.
(c) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which the responsibilities of such individual
primarily relate: <<NOTE: Transfer authority.>> Provided, That funds
made available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under the
heading ``Operating Expenses''.
(d) <<NOTE: 22 USC 3948 note.>> Foreign Service Limited
Extensions.--Individuals hired and employed by USAID, with funds made
available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(e) <<NOTE: Notification.>> Disaster Surge Capacity.--Funds
appropriated under title III of this Act to carry out part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Bureau
for Humanitarian Assistance.
(g) <<NOTE: Contracts. Exception.>> Small Business.--In entering
into multiple award indefinite-quantity contracts with funds
appropriated by this Act, USAID may provide an exception to the fair
opportunity process for placing
[[Page 134 STAT. 1810]]
task orders under such contracts when the order is placed with any
category of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Personnel Levels.--Funds made available by this Act under the
heading ``Operating Expenses'' are made available to support not less
than 1,850 permanent Foreign Service Officers and 1,600 permanent Civil
Service staff.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Prevention and Stabilization Fund.--
(1) Funds and transfer authority.--Of the funds appropriated
by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $100,000,000 shall be made
available for the purposes of the Prevention and Stabilization
Fund, as authorized by, and for the purposes enumerated in,
section 509(a) of the Global Fragility Act of 2019 (title V of
division J of Public Law 116-94), of which $25,000,000 may be
made available for the Multi-Donor Global Fragility Fund
authorized by section 510(c) of such Act: Provided, That such
funds appropriated under such headings may be transferred to,
and merged with, funds appropriated under such headings:
Provided further, That <<NOTE: Notification.>> such transfer
authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are
made available for the Prevention and Stabilization Fund, not
less than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, including in Iraq and Syria, which shall be in
addition to any other funds made available by this Act for such
purposes: Provided, That such programs shall include components
to develop local investigative and judicial skills, and to
collect and preserve evidence and maintain the chain of custody
of evidence, including for use in prosecutions, and may include
the establishment of, and assistance for, transitional justice
mechanisms: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of Global
Criminal Justice, Department of State: Provided further, That
funds made available by this paragraph shall be made available
on an open and competitive basis.
(b) Global Fragility Act Implementation.--Funds appropriated by this
Act shall be made available to implement the Global
[[Page 134 STAT. 1811]]
Fragility Act of 2019 (title V of division J of Public Law 116-94):
Provided, That <<NOTE: Deadline. Consultation. Spend plan.>> not later
than 180 days after enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall submit a spend plan to the Committees
on Appropriations detailing the use of funds made available by this Act
for such purposes.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available to the Global
Community Engagement and Resilience Fund (GCERF), including as a
contribution: <<NOTE: Cost matching. Notification.>> Provided, That
any such funds made available for the GCERF shall be made available on a
cost-matching basis from sources other than the United States
Government, to the maximum extent practicable, and shall be subject to
the regular notification procedures of the Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
$25,000,000 shall be made available for the Global Concessional
Financing Facility of the World Bank to provide financing to support
refugees and host communities: <<NOTE: Consultation.>> Provided, That
such funds shall be in addition to funds allocated for bilateral
assistance in the report required by section 653(a) of the Foreign
Assistance Act of 1961, and may only be made available subject to prior
to consultation with the Committees on Appropriations: Provided
further, That <<NOTE: Transfer authority.>> such funds may be
transferred to the Department of the Treasury.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act under the
heading ``Development Assistance'' shall be made available for programs
and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of individuals
with disabilities, including for the cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds made
available pursuant to this section, 5 percent may be used by USAID for
management, oversight, and technical support.
debt-for-development
Sec. 7067. In <<NOTE: Notification.>> order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular notification procedures of the Committees on
Appropriations, any
[[Page 134 STAT. 1812]]
interest earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
enterprise funds
Sec. 7068. (a) <<NOTE: President. Time period.>> Notification.--
None of the funds made available under titles III through VI of this Act
may be made available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
extension of consular fees and related authorities
Sec. 7069. (a) <<NOTE: Applicability. 22 USC 214 note.>> Section
1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall
be applied through fiscal year 2021 by substituting ``the costs of
providing consular services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for Coronavirus
Health Response and Agency Operations (division B of Public Law 116-136;
134 Stat. 592) <<NOTE: Ante, p. 592.>> is amended by striking ``fiscal
year 2020'' and inserting ``fiscal years 2020 and 2021''.
(c) <<NOTE: Transfer
authority. Determination. Reports. Consultation.>> Discretionary
amounts made available to the Department of State under the heading
``Administration of Foreign Affairs'' of this Act, and discretionary
unobligated balances under such heading from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, may be transferred to the Consular and Border Security
Programs account if the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary to sustain
consular operations, following consultation with such Committees:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any other provision
of law: Provided further, That no amounts may be transferred from
amounts designated for Overseas Contingency Operations/Global War on
Terrorism or as emergency requirements pursuant to a concurrent
resolution on the budget or section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2021, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Amounts provided pursuant to subsections (a), (b), and (d) are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
[[Page 134 STAT. 1813]]
protective services
Sec. 7070. Of <<NOTE: Consultation. Determination. Reports.>> the
funds appropriated under the heading ``Diplomatic Programs'' by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, except for funds designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, up to $15,000,000 may be made available to provide
protective services to former or retired senior Department of State
officials or employees that the Secretary of State, in consultation with
the Director of National Intelligence, determines and reports to
congressional leadership and the appropriate congressional committees,
face a serious and credible threat from a foreign power or the agent of
a foreign power arising from duties performed by such official or
employee while employed by the Department: Provided, That such
determination shall include a justification for the provision of
protective services by the Department, including the identification of
the specific nature of the threat and the anticipated duration of such
services provided, which may be submitted in classified form, if
necessary: <<NOTE: Time periods. Extension. Determination.>> Provided
further, That such protective services shall be consistent with other
such services performed by the Bureau of Diplomatic Security under 22
U.S.C. 2709 for Department officials, and shall be made available for an
initial period of not more than 180 days, which may be extended for
additional consecutive periods of 60 days upon a subsequent
determination by the Secretary that the specific threat persists:
Provided further, That <<NOTE: Time period. Reports.>> not later than
45 days after enactment of this Act and quarterly thereafter, the
Secretary shall submit a report to congressional leadership and the
appropriate congressional committees detailing the number of individuals
receiving protective services and the amount of funds expended for such
services on a case-by-case basis, which may be submitted in classified
form, if necessary: Provided further, That <<NOTE: Definition.>> for
purposes of this section a former or retired senior Department of State
official or employee means a person that served in the Department at the
Assistant Secretary, Special Representative, or Senior Advisor level, or
in a comparable or more senior position, and has separated from service
at the Department: Provided further, That funds made available pursuant
to this section are in addition to amounts otherwise made available for
such purposes: Provided further, That amounts repurposed pursuant to
this section that were previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act.
rescissions
(including rescissions of funds)
Sec. 7071. (a) Overseas Contingency Operations Rescissions.--
(1) Diplomatic and consular programs.--Of the unobligated
balances from amounts made available under the heading
``Diplomatic and Consular Programs'' in title II of the Security
[[Page 134 STAT. 1814]]
Assistance Appropriations Act, 2017 (division B of Public Law
114-254), $360,123,000 are rescinded.
(2) Peacekeeping operations.--Of the unobligated balances
from amounts made available under the heading ``Peacekeeping
Operations'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, $40,000,000 are rescinded.
(3) Foreign military financing program.--Of the unobligated
balances from amounts made available under the heading ``Foreign
Military Financing Program'' from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs and designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, $25,000,000 are rescinded.
(4) Designation.--For the purposes of this subsection, funds
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of such Act.
(b) Additional Rescissions.--
(1) Economic support fund.--Of the unobligated balances from
amounts made available under the heading ``Economic Support
Fund'' from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $75,000,000
are rescinded.
(2) Peace corps.--Of the unobligated balances from amounts
made available under the heading ``Peace Corps'' from prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, $30,000,000 are rescinded.
(3) International narcotics control and law enforcement.--Of
the unobligated balances from amounts made available under the
heading ``International Narcotics Control and Law Enforcement''
from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $50,411,000 are
rescinded.
(4) Limitation.--For the purposes of this subsection, no
amounts may be rescinded from amounts that were designated by
Congress as an emergency requirement or for Overseas Contingency
Operations/Global War on Terrorism pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
[[Page 134 STAT. 1815]]
TITLE VIII <<NOTE: Nita M. Lowey Middle East Partnership for Peace
Act of 2020.>>
NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020
short title
Sec. 8001. This <<NOTE: 22 USC 2346d note.>> title may be cited as
the ``Nita M. Lowey Middle East Partnership for Peace Act of 2020''.
findings
Sec. 8002. Congress finds the following:
(1) Economic development in conflict settings has been shown
to support stabilization by empowering entrepreneurs, growing
the middle class, and mitigating unemployment.
(2) In 2018, unemployment in the Palestinian territories was
32.4 percent. Gross Domestic Product (GDP) growth in the
Palestinian territories declined from 2017 to 2019, and it is
projected to further decline in 2020.
(3) According to the World Bank Ad Hoc Liaison Committee's
April 2019 Economic Monitoring Report, ``to achieve sustainable
economic growth, in the Palestinian territories, growth and job
creation going forward will need to be private sector driven''.
(4) According to the 2018 Joint Strategic Plan of the
Department of State and the United States Agency for
International Development, ``assistance can help prevent new
recruitment to terrorist organizations, reduce levels of
violence, promote legitimate governance structures that
strengthen inclusion, and reduce policies that marginalize
communities''.
(5) Although economic development is an important tool for
stabilizing conflict-prone settings and establishing connections
between communities, economic development by itself will not
lead to lasting peace. People-to-people peace-building programs
further advance reconciliation efforts by promoting greater
understanding, mutual trust, and cooperation between
communities.
(6) While the United States and its international partners
continue to support diplomatic and political negotiations
between the representatives of the parties to the Israeli-
Palestinian conflict, such efforts require broad popular support
among the people on the ground to succeed.
(7) Achieving sustainable, high-level agreements for lasting
peace in the Middle East must come through, and with the support
of, the people who live there, and the United States and its
international partners can help the people of the region build
popular support for sustainable agreements for lasting peace.
sense of congress
Sec. 8003. It is the sense of Congress that--
(1) building a viable Palestinian economy is central to the
effort to preserve the possibility of a negotiated settlement
leading to a sustainable two-state solution with the democratic,
[[Page 134 STAT. 1816]]
Jewish state of Israel and a demilitarized, democratic
Palestinian state living side-by-side in peace, security, and
mutual recognition;
(2) United States and international support for grassroots,
people-to-people efforts aimed at fostering tolerance, and
building support for such solution, can help counter extremist
propaganda and the growing issue of incitement;
(3) strengthening engagement between Palestinians and
Israelis, including through people-to-people peace-building
programs can increase the bonds of friendship and understanding;
(4) investing in the development of the Palestinian economy
and in joint economic ventures can advance multiple sectors to
the benefit of local, regional, and global parties; and
(5) Congress encourages cooperation between Palestinian,
American, and Israeli business sectors in order to benefit the
Palestinian, American, and Israeli peoples and economies.
people-to-people partnership for peace fund
Sec. 8004. Chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.) is amended by adding at the end the
following:
``SEC. 535 <<NOTE: 22 USC 2346d.>> PEOPLE-TO-PEOPLE PARTNERSHIP
FOR PEACE FUND.
``(a) <<NOTE: Effective date.>> Establishment.--Beginning on the
date that is one year after the date of enactment of this section, the
Administrator of the United States Agency for International Development
is authorized to establish a program to provide funding for projects to
help build the foundation for peaceful co-existence between Israelis and
Palestinians and for a sustainable two-state solution. The program
established under this subsection shall be known as the `People-to-
People Partnership for Peace Fund' (referred to in this section as the
`Fund').
``(b) Eligibility for Support.--In providing funding for projects
through the Fund, the Administrator may provide support for qualified
organizations, prioritizing those organizations that seek to build
better cooperation between Israelis and Palestinians, including
Palestinian organizations, Israeli organizations, and international
organizations that bring Israelis and Palestinians together.
``(c) Additional Eligibility for Support.--In providing funding for
projects through the Fund, the Administrator may additionally provide
support to qualified organizations that further shared community
building, peaceful co-existence, dialogue, and reconciliation between
Arab and Jewish citizens of Israel.
``(d) Contributions.--The Administrator--
``(1) is encouraged to work with foreign governments and
international organizations to leverage the impact of United
States resources and achieve the objectives of this section; and
``(2) is authorized to accept contributions for the purposes
of the Fund, consistent with subsection (d) of section 635.
``(e) Advisory Board.--
``(1) <<NOTE: Recommenda- tions.>> Establishment.--The
Administrator shall establish an advisory board to make
recommendations to the Administrator regarding the types of
projects that should be considered for funding through the Fund.
``(2) <<NOTE: Appointments. Time period.>> Membership.--
[[Page 134 STAT. 1817]]
``(A) In general.--Subject to subparagraph (B), the
advisory board shall be composed of 13 members, none of
whom may be Members of Congress, who shall be appointed
for renewable periods of 3 years, as follows:
``(i) <<NOTE: Consultation.>> One member to
serve as chair, appointed by the Administrator, in
consultation with the Secretary of State.
``(ii) One member appointed by the chair, and
one member appointed by the ranking member, of the
Committee on Foreign Relations of the Senate.
``(iii) One member appointed by the chair, and
one member appointed by the ranking member, of the
Committee on Foreign Affairs of the House of
Representatives.
``(iv) One member appointed by the chair, and
one member appointed by the ranking member, of the
Committee on Appropriations of the Senate.
``(v) One member appointed by the chair, and
one member appointed by the ranking member, of the
Committee on Appropriations of the House of
Representatives.
``(vi) One member appointed by the majority
leader, and one member appointed by the minority
leader, of the Senate.
``(vii) One member appointed by the Speaker,
and one member appointed by the minority leader,
of the House of Representatives.
``(B) International participation.--The
Administrator may appoint up to two additional members
to the advisory board who are representatives of foreign
governments or international organizations for renewable
periods of 3 years.
``(C) Qualifications.--Members of the advisory board
shall have demonstrated regional expertise and
experience and expertise in conflict mitigation and
people-to-people programs, and shall not receive
compensation on account of their service on the advisory
board.
``(f) USAID Mission Recommendations.--The Administrator shall
consider the input and recommendations from missions of the United
States Agency for International Development in the region and mission
directors regarding projects that should be considered for funding
through the Fund.
``(g) Coordination.--The Administrator shall coordinate with the
Secretary of State in carrying out the provisions of this section.''.
joint investment for peace initiative
Sec. 8005. (a) <<NOTE: Effective date.>> Establishment.--Beginning
on the date that is 180 days after the date of the enactment of this
Act, the Chief Executive Officer of the United States International
Development Finance Corporation (referred to in this section as the
``Chief Executive Officer'' and the ``Corporation'', respectively) is
authorized to establish a program to provide investments in, and support
to, entities that carry out projects that contribute to the development
of the Palestinian private sector economy in the West Bank and Gaza. The
program established under this subsection shall be known as the ``Joint
Investment for Peace Initiative'' (referred to
[[Page 134 STAT. 1818]]
in this section as the ``Initiative'') and shall be subject to all
existing terms, conditions, restrictions, oversight requirements, and
applicable provisions of law, including the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C. 9611 et seq),
including through strict adherence to the less-developed country focus
under section 1412(c) of such Act.
(b) Participation Requirement.--In carrying out the Initiative, the
Chief Executive Officer shall ensure participation by small and medium-
sized enterprises owned by Palestinians, which may include the
technology sector, the agriculture sector, and other high value-added or
emerging industries.
(c) Priority.--In carrying out the Initiative, the Chief Executive
Officer shall prioritize support to projects that increase economic
cooperation between Israelis and Palestinians.
(d) Use of Existing Authorities.--In carrying out the Initiative,
the Chief Executive Officer shall utilize the authorities under section
1421 of the Better Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9621), including to--
(1) select a manager of the Initiative;
(2) oversee and direct the operation of the Initiative
consistent with such Act and other provisions of law;
(3) provide the Initiative with loans, guaranties, equity,
and insurance, as appropriate, to enable the Initiative to
attract private investment;
(4) support the private sector in entering into joint
ventures between Palestinian and Israeli entities; and
(5) carry out the purposes of the Initiative consistent with
the provisions of this section and other applicable provisions
of law.
(e) Annual Report.--
(1) <<NOTE: Termination date.>> In general.--Not later than
December 31, 2021, and each December 31 thereafter until
December 31, 2031, the Chief Executive Officer shall submit to
the appropriate congressional committees a report that describes
the following:
(A) The extent to which the Initiative has
contributed to promoting and supporting Palestinian
economic development.
(B) The extent to which the Initiative has
contributed to greater integration of the Palestinian
economy into the international rules-based business
system.
(C) The extent to which projects that increase
economic cooperation between Palestinians and Israelis
and between Palestinians and Americans have been
prioritized, including through support to the private
sector to enter into joint ventures.
(D) Information on the following:
(i) Investments received and provided through
the Initiative.
(ii) The mechanisms established for
transparency and accountability of investments
provided through the Initiative.
(E) The extent to which entities supported by the
Initiative have impacted the efficacy of people-to-
people programs.
(F) <<NOTE: Assessment.>> To the extent
practicable, an assessment of the sustainability of
commercial endeavors that receive support from the
Initiative.
[[Page 134 STAT. 1819]]
(G) A description of the process for vetting and
oversight of entities eligible for support from the
Initiative to ensure compliance with the requirements of
section 8006(b) of this Act.
(2) Form.--The reports required under this subsection shall
be submitted in unclassified form, without the designation ``For
Official Use Only'' or any related or successor designation, but
may be accompanied by a classified annex.
(f) Termination.--
(1) In general.--The Initiative shall terminate at the end
of the fiscal year that is 10 years after the date on which the
Chief Executive Officer makes the first investment under the
Initiative.
(2) Exception.--The Chief Executive Officer is authorized to
continue to manage investments made under the Initiative on and
after the date specified in paragraph (1).
(g) Coordination.--The Chief Executive Officer shall coordinate with
the Secretary of State and the Administrator of the United States Agency
for International Development in carrying out the provisions of this
section.
limitations, vetting, coordination, and oversight
Sec. 8006. (a) Limitations.--None of the funds made available to
carry out this title, or any amendment made by this title, may be used
to provide--
(1) financial assistance to the national government of any
foreign country;
(2) <<NOTE: Terrorism.>> assistance for--
(A) <<NOTE: Determination.>> any individual or
group the Secretary of State determines to be involved
in, or advocating, terrorist activity; or
(B) any individual who is a member of a foreign
terrorist organization (as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)); or
(3) assistance for the Palestinian Authority or the
Palestine Liberation Organization.
(b) Applicable Regulations.--Assistance made available under this
title, and any amendment made by this title, shall adhere to the mission
directives and vetting practices for assistance for the West Bank and
Gaza, as set forth by the United States Agency for International
Development.
(c) Coordination.--
(1) <<NOTE: Compliance.>> The Chief Executive Officer of
the United States International Development Finance Corporation,
acting through the Chief Development Officer of such
Corporation, shall coordinate with the Administrator of the
United States Agency for International Development and the
Secretary of State to ensure that all expenditures from the
Joint Investment for Peace Initiative comply with this section.
(2) To the extent practicable, the Administrator of the
United States Agency for International Development and the Chief
Executive Officer of the United States International Development
Finance Corporation should coordinate and share information in
advance of providing resources through the
[[Page 134 STAT. 1820]]
People-to-People Partnership for Peace Fund and the Joint
Investment for Peace Initiative.
(d) Report.--
(1) In general.--Not later than 90 days after the end of the
first fiscal year in which both the People-to-People Partnership
for Peace Fund and the Joint Investment for Peace Initiative are
in effect, and annually thereafter, the Administrator of the
United States Agency for International Development and the Chief
Executive Officer of the United States International Development
Finance Corporation shall, in coordination with the Secretary of
State, jointly submit to the appropriate congressional
committees a report in writing that describes--
(A)(i) lessons learned and best practices developed
from funding for projects under the People-to-People
Partnership for Peace Fund during the prior fiscal year;
and
(ii) the extent to which such projects have
contributed to the purposes of the People-to-People
Partnership for Peace Fund;
(B)(i) lessons learned and best practices developed
from investments provided under the Joint Investment for
Peace Initiative during the prior fiscal year; and
(ii) the extent to which such investments have
contributed to the purposes of the Joint Investment for
Peace Initiative; and
(C) how the United States International Development
Finance Corporation and the United States Agency for
International Development coordinate and share
information with respect to the People-to-People
Partnership for Peace Fund and the Joint Investment for
Peace Initiative.
(2) Consultation.--The Administrator of the United States
Agency for International Development, in consultation with the
Secretary of State, shall consult with the advisory board
established by subsection (e) of section 535 of the Foreign
Assistance Act of 1961 (as added by section 8004 of this Act) to
inform the reports required by paragraph (1).
appropriate congressional committees defined
Sec. 8007. In this title, the term ``appropriate congressional
committees'' has the meaning given that term in section 1402 of the
Better Utilization of Investments Leading to Development Act of 2018 (22
U.S.C. 9601).
authorization of appropriations
Sec. 8008. (a) In General.--There is authorized to be appropriated
to carry out this title, and the amendments made by this title,
$50,000,000 for each of the first 5 fiscal years beginning after the
date of the enactment of this Act.
(b) <<NOTE: Deadline. Coordination.>> Consultation Requirement.--
Not later than 90 days after enactment of this Act, and prior to the
obligation of funds made available to implement this title, the
Administrator of the United States Agency for International Development
and the Chief Executive Officer of the United States International
Development Finance Corporation, in coordination with the Secretary of
State, shall consult with the Committees on Appropriations on the
proposed uses of funds.
[[Page 134 STAT. 1821]]
(c) Administrative Expenses.--Not more than 5 percent of amounts
authorized to be appropriated by subsection (a) for a fiscal year should
be made available for administrative expenses to carry out section 535
of the Foreign Assistance Act of 1961 (as added by section 8004 of this
Act).
(d) <<NOTE: Time period.>> Availability.--Amounts authorized to be
appropriated by subsection (a) for a fiscal year are authorized to
remain available for such fiscal year and the subsequent 4 fiscal years.
TITLE IX
EMERGENCY FUNDING AND OTHER MATTERS
DEPARTMENT OF STATE
Administration of Foreign Affairs
consular and border security programs
For an additional amount for ``Consular and Border Security
Programs'', $300,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, which shall be for offsetting losses resulting from the
coronavirus pandemic of fees and surcharges collected and deposited into
the account pursuant to section 7081 of division J of Public Law 115-31:
Provided, That funds made available under this heading in this Act
shall be in addition to any other funds made available for this purpose:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
sudan claims
For necessary expenses to carry out section 7 of the Sudan Claims
Resolution Act, notwithstanding any other provision of law,
$150,000,000, to remain available until
expended: <<NOTE: Determination. Deadline. 28 USC 1605A note.>>
Provided, That any unexpended balances remaining following the
distributions described in section 7(b)(1) of the Sudan Claims
Resolution Act that are determined by the Secretary of State, not later
than September 30, 2030, and at the close of each fiscal year
thereafter, to be excess to the needs of such distributions, shall be
returned to the general fund of the Treasury: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$4,000,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus, including for vaccine
procurement and delivery: Provided, That such funds shall be
administered by the Administrator of the United States Agency
[[Page 134 STAT. 1822]]
for International Development and shall be made available as a
contribution to The GAVI Alliance: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$700,000,000, to remain available until September 30, 2022, which shall
be for assistance for Sudan, and which may be made available as
contributions: <<NOTE: Transfer authority.>> Provided, That up to
$100,000,000 of such funds may be transferred to, and merged with, funds
made available under the headings ``Global Health Programs'' and
``Transition Initiatives'' in Acts making appropriations for the
Department of State, foreign operations, and related
programs: <<NOTE: Determination.>> Provided further, That upon a
determination by the Secretary of State that funds transferred pursuant
to the preceding proviso are not necessary for the purposes provided,
such amounts may be transferred back to such accounts: Provided
further, That funds appropriated under this heading in this title may be
made available notwithstanding any other provision of law for
contributions authorized under this heading, agriculture and economic
growth programs, and economic assistance for marginalized areas in Sudan
and Abyei: Provided further, That <<NOTE: Consultation.>> prior to the
initial obligation of funds appropriated under this heading in this
title, the Secretary of State shall consult with the Committees on
Appropriations: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Department of the Treasury
debt restructuring
For an additional amount for ``Debt Restructuring'', $120,000,000,
to remain available until expended, which may be used, notwithstanding
any other provision of law, for payment by the Secretary of the Treasury
to the International Monetary Fund for Heavily Indebted Poor Countries
debt relief for Sudan: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Each amount appropriated or made available by this title
is in addition to amounts otherwise appropriated for fiscal year 2021.
Sec. 9002. Notwithstanding section 7034(q)(7) of this division of
this Act, the additional amounts appropriated by this title to
appropriations accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for funds
appropriated in fiscal year 2021, unless otherwise directed by this
title.
Sec. 9003. Notwithstanding <<NOTE: Extension. Time period.>> the
limitations in sections 609(i) and 609(j) of the Millennium Challenge
Act of 2003 (2211 U.S.C.
[[Page 134 STAT. 1823]]
7708(j), 7715), the Millennium Challenge Corporation may, subject to the
availability of funds, extend any compact in effect as of January 29,
2020, for up to one additional year, to account for delays related to
coronavirus: <<NOTE: Notification.>> Provided, That the Corporation
shall notify the appropriate congressional committees prior to providing
any such extension.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021''.
DIVISION L--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021. Department
of Transportation Appropriations Act, 2021.>> HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $126,174,000,
of which not to exceed $3,360,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,200,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $22,210,000
shall be available for the Office of the General Counsel; not to exceed
$11,797,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $16,394,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $3,010,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $32,239,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,610,000 shall be available for the Office of Public
Affairs; not to exceed $2,018,000 shall be available for the Office of
the Executive Secretariat; not to exceed $13,576,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $17,760,000 shall be available for the Office of the Chief
Information Officer: <<NOTE: Transfer authority.>> Provided, That the
Secretary of Transportation (referred to in this title as the
``Secretary'') is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 7 percent by all
such transfers: <<NOTE: Notice. Funding approval.>> Provided further,
That notice of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $70,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this
Act shall be available for the position of Assistant Secretary for
Public Affairs.
[[Page 134 STAT. 1824]]
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $22,800,000, of which $16,485,000
shall remain available until expended: Provided, That there may be
credited to this appropriation, to be available until expended, funds
received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That <<NOTE: Continuation. 49 USC 112 note.>> any
reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For capital investments in surface transportation infrastructure,
$1,000,000,000 to remain available until September 30, 2024: Provided,
That <<NOTE: Distribution. Grants.>> the Secretary shall distribute
amounts made available under this heading as discretionary grants to be
awarded to a State, local or tribal government, U.S. territory, transit
agency, port authority, metropolitan planning organization, political
subdivision of a State or local government, or a collaboration among
such entities on a competitive basis for projects that will have a
significant local or regional impact: Provided further, That projects
eligible for amounts made available under this heading shall include,
but not be limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and freight rail
transportation projects; port infrastructure investments (including
inland port infrastructure and land ports of entry); and projects
investing in surface transportation facilities that are located on
tribal land and for which title or maintenance responsibility is vested
in the Federal Government: Provided further, That of the amount made
available under this heading, the Secretary shall use an amount not more
than $30,000,000 for the planning, preparation or design of projects
eligible for amounts made available under this heading, of which not
less than $10,000,000 is for projects eligible for amounts made
available under this heading located in or to directly benefit areas of
persistent poverty: Provided further, That the
term <<NOTE: Definition. Time period.>> ``areas of persistent poverty''
means any county that has consistently had greater than or equal to 20
percent of the population living in poverty during the 30-year period
preceding the date of enactment of this Act, as measured by the 1990 and
2000 decennial census and the most recent annual Small Area Income and
Poverty Estimates as estimated by the Bureau of the Census; any census
tract with a poverty rate of at least 20 percent as measured by the
2014-2018 5-year data series available from the American Community
Survey of the Bureau of the Census; or any territory or possession of
the United States: Provided further, That grants awarded under the
previous two provisos shall not be subject to a minimum grant size:
Provided further, That the Secretary may use up to 20 percent of the
amounts made available under this heading for the purpose of paying the
subsidy and administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code, or sections
[[Page 134 STAT. 1825]]
501 through 504 of the Railroad Revitalization and Regulatory Reform Act
of 1976 (Public Law 94-210), if the Secretary finds that such use of the
funds would advance the purposes of this heading: Provided further,
That in distributing amounts made available under this heading, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, including tribal areas, and the
investment in a variety of transportation modes: Provided further, That
a grant award under this heading shall be not less than $5,000,000 and
not greater than $25,000,000: Provided further, That not more than 10
percent of the amounts made available under this heading may be awarded
to projects in a single State: Provided further, That the Federal share
of the costs for which an amount is provided under this heading shall
be, at the option of the recipient, up to 80 percent: Provided further,
That <<NOTE: Priority.>> the Secretary shall give priority to projects
that require a contribution of Federal funds in order to complete an
overall financing package: <<NOTE: Urban and rural areas.>> Provided
further, That an award under this heading is an urban award if it is to
a project located within or on the boundary of an Urbanized Area (UA),
as designated by the Bureau of the Census, that had a population greater
than 200,000 in the 2010 decennial census: Provided further, That for
the purpose of determining if an award for planning, preparation or
design is an urban award, the project location is the location of the
project being planned, prepared or designed: Provided further, That
each <<NOTE: Urban and rural areas.>> award under this heading that is
not an urban award is a rural award: Provided further, That of the
amounts awarded under this heading, not more than 50 percent shall be
awarded as urban awards and rural awards, respectively: Provided
further, That for rural awards, the minimum grant size shall be
$1,000,000: Provided further, That for rural awards and areas of
persistent poverty awards the Secretary may increase the Federal share
of costs above 80 percent: <<NOTE: Compliance.>> Provided further,
That projects conducted using amounts made available under this heading
shall comply with the requirements of subchapter IV of chapter 31 of
title 40, United States Code: Provided further, That the Secretary
shall conduct a new competition to select the grants and credit
assistance awarded under this heading: Provided further, That the
Secretary may retain up to $20,000,000 of the amounts made available
under this heading, and may transfer portions of such amounts to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the National Infrastructure Investments
program: Provided further, That none of the amounts made available in
the previous proviso may be used to hire additional personnel: Provided
further, That the Secretary shall consider and award projects based
solely on the selection criteria from the fiscal year 2017 Notice of
Funding Opportunity: Provided further, That, notwithstanding the
previous proviso, the Secretary shall not use the Federal share or an
applicant's ability to generate non-Federal revenue as a selection
criteria in awarding projects: Provided further,
That <<NOTE: Notice. Deadline.>> the Secretary shall issue the Notice
of Funding Opportunity no later than 120 days after enactment of this
Act: <<NOTE: Requirement. Deadline. Publication. Grants. Deadline. Determ
ination.>> Provided further, That such Notice of Funding Opportunity
shall require application submissions 90 days after the publishing of
such Notice: Provided further, That of the applications
[[Page 134 STAT. 1826]]
submitted under the previous two provisos, the Secretary shall make
grants no later than 330 days after enactment of this Act in such
amounts that the Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000, to
remain available until expended: <<NOTE: Fees.>> Provided, That the
Secretary may collect and spend fees, as authorized by title 23, United
States Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts are
in addition to other amounts made available for such purposes and are
not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
railroad rehabilitation and improvement financing program
The <<NOTE: Loans.>> Secretary is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority shall exist as long as any such direct loan or
loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2022.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology infrastructure,
improvement of identity management and authentication capabilities,
securing and protecting data, implementation of Federal cyber security
initiatives, and implementation of enhanced security controls on agency
computers and mobile devices, $22,000,000, to remain available until
September 30, 2022.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,600,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $9,350,000, to remain available until expended: Provided, That
of such amount, $1,000,000 shall be for necessary expenses
[[Page 134 STAT. 1827]]
of the Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That <<NOTE: Analysis. Review.>> the tools and analysis
developed by the IIPIC shall be available to other Federal agencies for
the permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies provide
funding to the Department in accordance with the preceding proviso.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $319,793,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation (DOT): Provided
further, That the limitation in the preceding proviso on operating
expenses shall not apply to non-DOT entities: Provided further, That no
funds made available by this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the Secretary:
Provided further, That <<NOTE: Assessments. Notification.>> no
assessments may be levied against any program, budget activity,
subactivity, or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,714,000, to remain available
until September 30, 2022: Provided, That notwithstanding section 332 of
title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be available
for any purpose consistent with prior year appropriations that were made
available under the heading ``Office of the Secretary--Minority Business
Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through 41742
of title 49, United States Code, $141,724,000, to be derived from the
Airport and Airway Trust Fund, to remain available until expended:
Provided, That <<NOTE: Determination.>> in determining between or among
carriers competing to provide service to a community, the Secretary may
consider the relative subsidy requirements of
[[Page 134 STAT. 1828]]
the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United States Code:
Provided further, That amounts authorized to be distributed for the
essential air service program under section 41742(b) of title 49, United
States Code, shall be made available immediately from amounts otherwise
provided to the Administrator of the Federal Aviation
Administration: <<NOTE: Reimbursement.>> Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States Code.
transportation demonstration program
To expand intermodal and multimodal freight and cargo transportation
infrastructure, including airport development under chapter 471 of title
49, United States Code, $100,000,000, to remain available until
expended: <<NOTE: Distribution. Grants.>> Provided, That the Secretary
shall distribute funds provided under this heading as discretionary
grants to maritime port authorities or former military airports
classified as general aviation airports in the National Plan on
Integrated Airport System report for fiscal years 2019 to 2023:
Provided further, That eligible applicants that are maritime port
authorities shall use a terminal railway and be located not more than 10
miles from a former military airport classified as a general aviation
airport in the National Plan on Integrated Airport System report for
fiscal years 2019 to 2023: Provided further, That eligible applicants
that are former military airports classified as general aviation
airports in the National Plan on Integrated Airport System report for
fiscal years 2019 to 2023 shall be located not more than 10 miles from a
maritime port authority that uses a terminal railway: Provided further,
That projects eligible under this heading shall be located not more than
10 miles from at least two highways on the Interstate
System: <<NOTE: Notice. Deadline.>> Provided further, That the
Secretary shall issue the Notice of Funding Opportunity no later than 60
days after enactment of this Act.
administrative provisions--office of the secretary of transportation
(including rescissions)
Sec. 101. None <<NOTE: Assessments. Contracts.>> of the funds made
available by this Act to the Department of Transportation may be
obligated for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds appropriated
to the operating administrations in this Act, except for activities
underway on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process for
congressional notification.
Sec. 102. The <<NOTE: Web posting. Records.>> Secretary shall post
on the web site of the Department of Transportation a schedule of all
meetings of the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
Sec. 103. In <<NOTE: Transit benefits.>> addition to authority
provided by section 327 of title 49, United States Code, the
Department's Working Capital Fund is authorized to provide partial or
full payments in advance
[[Page 134 STAT. 1829]]
and accept subsequent reimbursements from all Federal agencies from
available funds for transit benefit distribution services that are
necessary to carry out the Federal transit pass transportation fringe
benefit program under Executive Order No. 13150 and section 3049 of
SAFETEA-LU (5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit
benefits: <<NOTE: Reimbursement.>> Provided further, That the Working
Capital Fund shall be fully reimbursed by each customer agency from
available funds for the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused van pool benefits, in an amount not to exceed 10 percent of
fiscal year 2021 collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual services in
support of section 199A of this Act: Provided, That obligations in
fiscal year 2021 of such collections shall not exceed $1,000,000.
Sec. 105. The remaining unobligated balances, as of September 30,
2021, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National Infrastructure
Investments'' in division G of the Consolidated Appropriations Act, 2019
(Public Law 116-6) are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2021, to remain available until
September 30, 2022, and shall be available, without additional
competition, for completing the funding of awards made pursuant to the
fiscal year 2019 national infrastructure investments program.
Sec. 106. None <<NOTE: Advance approval.>> of the funds in this
Act may be obligated or expended for retention or senior executive
bonuses for an employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for Administration.
Sec. 107. In addition to authority provided by section 327 of title
49, United States Code, the Department's Administrative Working Capital
Fund is hereby authorized to transfer information technology equipment,
software, and systems from Departmental sources or other entities and
collect and maintain a reserve at rates which will return full cost of
transferred assets.
Sec. 108. None <<NOTE: Time period. Notification.>> of the funds
provided in this Act to the Department of Transportation may be used to
provide credit assistance unless not less than 3 days before any
application approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides notification
in writing to the following committees: the House and Senate Committees
on Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a direct loan,
loan guarantee, or line of credit; and the amount of credit assistance.
[[Page 134 STAT. 1830]]
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
the lease or purchase of passenger motor vehicles for replacement only,
$11,001,500,000, to remain available until September 30, 2022, of which
$10,519,000,000 shall be derived from the Airport and Airway Trust Fund:
Provided, That of the sums appropriated under this heading--
(1) not less than $1,479,039,000 shall be available for
aviation safety activities;
(2) $8,205,821,000 shall be available for air traffic
organization activities;
(3) $27,555,000 shall be available for commercial space
transportation activities;
(4) $836,141,000 shall be available for finance and
management activities;
(5) $62,862,000 shall be available for NextGen and
operations planning activities;
(6) $124,928,000 shall be available for security and
hazardous materials safety; and
(7) $265,154,000 shall be available for staff offices:
Provided further, That <<NOTE: Transfer authority.>> not to exceed 5
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation under this heading by more than 5 percent: Provided
further, That any transfer in excess of 5 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section: <<NOTE: Deadline. Updates. 49 USC
44506 note.>> Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section
221 of the Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
40101 note): Provided further, That <<NOTE: Late
penalties. Deadline.>> the amounts made available under this heading
shall be reduced by $100,000 for each day after 60 days after the
submission of the budget request that such report has not been
transmitted to Congress: <<NOTE: Reports. 49 USC 44502 note.>>
Provided further, That not later than 60 days after the submission of
the budget request, the Administrator shall transmit to Congress a
companion report that describes a comprehensive strategy for staffing,
hiring, and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller staffing
plan, including stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That <<NOTE: Late
penalties. Deadline.>> the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60 days
after the submission of the budget request that such report
[[Page 134 STAT. 1831]]
has not been submitted to
Congress: <<NOTE: Grants. Contracts. Nonprofit.>> Provided further,
That funds may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds made
available by this Act shall be available for new applicants for the
second career training program: <<NOTE: Fees.>> Provided further, That
none of the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically authorized by
law after the date of the enactment of this Act: Provided further, That
there may be credited to this appropriation, as offsetting collections,
funds received from States, counties, municipalities, foreign
authorities, other public authorities, and private sources for expenses
incurred in the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests related thereto,
or for processing major repair or alteration forms: Provided further,
That of the amounts made available under this heading, not less than
$172,800,000 shall be used to fund direct operations of the current air
traffic control towers in the contract tower program, including the
contract tower cost share program, and any airport that is currently
qualified or that will qualify for the program during the fiscal year:
Provided further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $3,015,000,000, of which $545,000,000 shall remain available
until September 30, 2022, $2,330,400,000 shall remain available until
September 30, 2023, and $139,600,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: <<NOTE: Deadline. Investment plan. Time period.>> Provided
further, That not later than 60 days
[[Page 134 STAT. 1832]]
after submission of the budget request, the Secretary shall transmit to
the Congress an investment plan for the Federal Aviation Administration
which includes funding for each budget line item for fiscal years 2022
through 2026, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and approved by the
Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$198,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2023: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That funds made available under this heading shall be used in accordance
with the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): <<NOTE: Transfer
authority.>> Provided further, That not to exceed 10 percent of any
funding level specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) may be transferred to any other funding level
specified under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided further, That no transfer may increase or decrease any funding
level by more than 10 percent: Provided further, That any transfer in
excess of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs,
[[Page 134 STAT. 1833]]
including those related to airport operating certificates under section
44706 of title 49, United States Code, $3,350,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the amounts made available under this
heading shall be available for the planning or execution of programs the
obligations for which are in excess of $3,350,000,000, in fiscal year
2021, notwithstanding section 47117(g) of title 49, United States Code:
Provided further, That none of the amounts made available under this
heading shall be available for the replacement of baggage conveyor
systems, reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive detection
systems: Provided further, That notwithstanding section 47109(a) of
title 49, United States Code, the Government's share of allowable
project costs under paragraph (2) of such section for subgrants or
paragraph (3) of such section shall be 95 percent for a project at other
than a large or medium hub airport that is a successive phase of a
multi-phased construction project for which the project sponsor received
a grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of amounts
limited under this heading, not more than $119,402,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$40,666,000 shall be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development
Program: <<NOTE: Request for proposals.>> Provided further, That in
addition to airports eligible under section 41743 of title 49, United
States Code, such program may include the participation of an airport
that serves a community or consortium that is not larger than a small
hub airport, according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary to make grants for projects as authorized by
subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, $400,000,000, to remain available through September
30, 2023: Provided, That amounts made available under this heading
shall be derived from the general fund, and such funds shall not be
subject to apportionment formulas, special apportionment categories, or
minimum percentages under chapter 471: <<NOTE: Distribution.>>
Provided further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports: Provided
further, That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That the
Administrator of the Federal Aviation Administration may retain up to
0.5 percent of the funds provided under this heading to fund the award
and oversight by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under
[[Page 134 STAT. 1834]]
the federally funded research and development center contract between
the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2021.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost to
the Federal Aviation Administration for air traffic control facilities.
Sec. 112. The <<NOTE: Reimbursement.>> Administrator of the
Federal Aviation Administration may reimburse amounts made available to
satisfy section 41742(a)(1) of title 49, United States Code, from fees
credited under section 45303 of title 49, United States Code, and any
amount remaining in such account at the close of any fiscal year may be
made available to satisfy section 41742(a)(1) of title 49, United States
Code, for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate through
use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public that
would allow the real-time or near real-time flight tracking of that
aircraft's movements, except data made available to a Government agency,
for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None <<NOTE: Fees. Reports.>> of the funds made
available by this Act may be used to increase fees pursuant to section
44721 of title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to aeronautical
navigation products and explains how such fees are consistent with
Executive Order No. 13642.
[[Page 134 STAT. 1835]]
Sec. 119. None <<NOTE: Notification. Deadline.>> of the funds made
available by this Act may be used to close a regional operations center
of the Federal Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on Appropriations
not less than 90 full business days in advance.
Sec. 119A. None <<NOTE: New Jersey.>> of the funds made available
by or limited by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None <<NOTE: Determination.>> of the funds made
available by this Act may be used by the Administrator of the Federal
Aviation Administration to withhold from consideration and approval any
new application for participation in the Contract Tower Program, or for
reevaluation of Cost-share Program participants so long as the Federal
Aviation Administration has received an application from the airport,
and so long as the Administrator determines such tower is eligible using
the factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be used
to open, close, redesignate as a lesser office, or reorganize a regional
office, the aeronautical center, or the technical center unless the
Administrator submits a request for the reprogramming of funds under
section 405 of this Act.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $475,649,049 together with advances and reimbursements
received by the Federal Highway Administration, shall be obligated for
necessary expenses for administration and operation of the Federal
Highway Administration: Provided, That in addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds <<NOTE: 23 USC 104 note.>> available for the implementation
or execution of Federal-aid highway and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation (FAST) Act
(Public Law 114-94) shall not exceed total obligations of
$46,365,092,000 for fiscal year 2021.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized
[[Page 134 STAT. 1836]]
under title 23, United States Code, $47,104,092,000 derived from the
Highway Trust Fund (other than the Mass Transit Account), to remain
available until expended.
highway infrastructure programs
There is hereby appropriated to the Secretary $2,000,000,000:
Provided, That the funds made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2021 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; or (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240, and shall not affect the
distribution or amount of funds provided in any other
Act: <<NOTE: Applicability.>> Provided further, That section 1101(b)
of Public Law 114-94 shall apply to funds made available under this
heading: Provided further, That unless otherwise specified, amounts
made available under this heading shall be available until September 30,
2024: Provided further, That of the funds made available under this
heading--
(1) $640,650,000 shall be for activities eligible under
section 133(b) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant
to section 151 of title 23, United States Code;
(2) $2,700,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section 165(b)(2)(C)
of title 23, United States Code;
(3) $650,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(4) $100,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(5) $1,080,000,000 shall be for a bridge replacement and
rehabilitation program;
(6) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240;
(7) $16,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code;
(8) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(9) $5,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act; and
(10) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System:
Provided further, That <<NOTE: Definition.>> for the purposes of funds
made available under this heading, in paragraph (1) of the fourth
proviso, the term ``State'' means any of the 50 States or the District
of Columbia: Provided further, That <<NOTE: Suballocations.>> the
funds made available under this heading, in paragraph (1) of the fourth
proviso, shall be suballocated in the manner described in section 133(d)
of title 23, United States Code, except that the set-aside described in
section 133(h) of such
[[Page 134 STAT. 1837]]
title shall not apply to funds made available under this heading, in
paragraph (1) of the fourth proviso: Provided further, That the funds
made available under this heading, in paragraphs (1), (5), (7), and (8)
of the fourth proviso, shall be administered as if apportioned under
chapter 1 of such title: <<NOTE: Apportionment.>> Provided further,
That, the funds made available under this heading, in paragraph (1) of
the fourth proviso, shall be apportioned to the States in the same ratio
as the obligation limitation for fiscal year 2021 is distributed among
the States in section 120(a)(5) of this Act: Provided further, That,
except as provided in the following proviso, the funds made available
under this heading for activities eligible under the Puerto Rico Highway
Program and activities eligible under the Territorial Highway Program
shall be administered as if allocated under sections 165(b) and 165(c),
respectively, of title 23, United States Code: Provided further, That
the funds made available under this heading for activities eligible
under the Puerto Rico Highway Program shall not be subject to the
requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such
title: <<NOTE: Grants.>> Provided further, That not less than 25
percent of the funds made available under this heading for the
nationally significant Federal lands and tribal projects program under
section 1123 of the FAST Act shall be for competitive grants to tribal
governments: <<NOTE: Definition.>> Provided further, That for the
purposes of funds made available under this heading for a bridge
replacement and rehabilitation program, (1) the term ``State'' means any
of the 50 States or the District of Columbia, and (2) the term
``qualifying State'' means any State in which the percentage of total
deck area of bridges classified as in poor condition in such State is at
least 5 percent or in which the percentage of total bridges classified
as in poor condition in such State is at least 5 percent: Provided
further, That, of the funds made available under this heading for a
bridge replacement and rehabilitation program, the Secretary shall
reserve $6,000,000 for each State that does not meet the definition of a
qualifying State: Provided further, That, <<NOTE: Distribution.>>
after making the reservations under the preceding proviso, the Secretary
shall distribute the remaining funds made available under this heading
for a bridge replacement and rehabilitation program to each qualifying
State by the proportion that the percentage of total deck area of
bridges classified as in poor condition in such qualifying State bears
to the sum of the percentages of total deck area of bridges classified
as in poor condition in all qualifying States: Provided further, That
for the bridge replacement and rehabilitation program:
(1) no qualifying State shall receive more than $60,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $60,000,000 shall
be redistributed equally among each State that does not meet the
definition of a qualifying State:
Provided further, That funds provided to States that do not meet the
definition of a qualifying State for the bridge replacement and
rehabilitation program shall be: (1) merged with amounts made available
to such State under this heading, in paragraph (1) of the fourth
proviso; (2) available for activities eligible under paragraph (1) of
the fourth proviso; and (3) administered as if apportioned under chapter
1 of title 23, United States Code: Provided further, That, except as
provided in the preceding proviso, the
[[Page 134 STAT. 1838]]
funds made available under this heading for a bridge replacement and
rehabilitation program shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further, That for
purposes of this heading for the bridge replacement and rehabilitation
program, the Secretary shall calculate the percentages of total deck
area of bridges (including the percentages of total deck area classified
as in poor condition) and the percentages of total bridge counts
(including the percentages of total bridges classified as in poor
condition) based on the National Bridge Inventory as of December 31,
2018: <<NOTE: Definition.>> Provided further, That for the purposes of
funds made available under this heading for construction of the
Appalachian Development Highway System, the term ``Appalachian State''
means a State that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code: Provided
further, That funds made available under this heading for construction
of the Appalachian Development Highway System shall remain available
until expended: Provided further, That a project carried out with funds
made available under this heading for construction of the Appalachian
Development Highway System shall be carried out in the same manner as a
project under section 14501 of title 40, United States Code: Provided
further, That <<NOTE: Apportionment.>> subject to the following
proviso, funds made available under this heading for construction of the
Appalachian Development Highway System shall be apportioned to
Appalachian States according to the percentages derived from the 2012
Appalachian Development Highway System Cost-to-Complete Estimate,
adopted in Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the estimated
remaining need to complete the Appalachian Development Highway System,
adjusted to exclude those corridors that such States have no current
plans to complete, as reported in the 2013 Appalachian Development
Highway System Completion Report, unless those States have modified and
assigned a higher priority for completion of an Appalachian Development
Highway System corridor, as reported in the 2020 Appalachian Development
Highway System Future Outlook: <<NOTE: Apportionments.>> Provided
further, That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be apportioned an
amount in excess of 30 percent of the amount made available for
construction of the Appalachian Development Highway System under this
heading: Provided further, That <<NOTE: Consultation.>> the Secretary
shall consult with the Appalachian Regional Commission in making
adjustments under the preceding two provisos: Provided further, That
the Federal share of the costs for which an expenditure is made for
construction of the Appalachian Development Highway System under this
heading shall be up to 100 percent: <<NOTE: Time period.>> Provided
further, That the funds made available under this heading, in paragraph
(8) of the fourth proviso, shall be available for projects eligible
under section 130(a) of title 23, United States Code, for commuter
authorities, as defined in section 24102(2) of title 49, United States
Code, that experienced at least one accident investigated by the
National Transportation Safety Board between January 1, 2008 and
December 31, 2018, and for which the National Transportation Safety
Board issued an accident report: Provided further, That for amounts
made available under this heading, in paragraphs
[[Page 134 STAT. 1839]]
(8), (9), and (10) of the fourth proviso, the Federal share of the costs
shall be, at the option of the recipient, up to 100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2021, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) <<NOTE: Determination.>> determine the proportion
that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under
[[Page 134 STAT. 1840]]
title 23, United States Code (other than the amounts apportioned
for the National Highway Performance Program in section 119 of
title 23, United States Code, that are exempt from the
limitation under subsection (b)(12) and the amounts apportioned
under sections 202 and 204 of that title) in the proportion
that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2021, only in an amount equal
to $639,000,000).
(c) <<NOTE: Effective date.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) <<NOTE: Revision.>> revise a distribution of the
obligation limitation made available under subsection (a) if an
amount distributed cannot be obligated during that fiscal year;
and
(2) <<NOTE: Priority.>> redistribute sufficient amounts to
those States able to obligate amounts in addition to those
previously distributed
[[Page 134 STAT. 1841]]
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) <<NOTE: Time periods.>> remain available for a
period of 4 fiscal years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of certain authorized funds.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any
funds (excluding funds authorized for the program under section
202 of title 23, United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) <<NOTE: Determination.>> the Secretary
determines will not be allocated to the States (or will
not be apportioned to the States under section 204 of
title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal
year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding <<NOTE: Reimbursement.>> 31 U.S.C. 3302,
funds received by the Bureau of Transportation Statistics from the sale
of data products, for necessary expenses incurred pursuant to chapter 63
of title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the obligation
limitation for Federal-aid highway and highway safety construction
programs.
Sec. 122. Not <<NOTE: Deadline. Waiver authority. Public
information. Notice. 23 USC 313 note.>> less than 15 days prior to
waiving, under his or her statutory authority, any Buy America
requirement for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and comment
opportunity on the intent to issue such waiver and the reasons therefor:
Provided, That the <<NOTE: Reports.>> Secretary shall provide an
annual report to the House and Senate Committees on Appropriations on
any waivers granted under the Buy America requirements.
[[Page 134 STAT. 1842]]
Sec. 123. None <<NOTE: Deadlines. Notification. Evaluation.>> of
the funds made available in this Act may be used to make a grant for a
project under section 117 of title 23, United States Code, unless the
Secretary, at least 60 days before making a grant under that section,
provides written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation and
justification for the project and the amount of the proposed grant
award: Provided, That the written notification required in the
preceding proviso shall be made not later than 180 days after the date
of enactment of this Act.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located within
the boundary of the State or territory any earmarked amount, and any
associated obligation limitation: <<NOTE: Notification. Reports.>>
Provided, That the Department of Transportation for the State or
territory for which the earmarked amount was originally designated or
directed notifies the Secretary of its intent to use its authority under
this section and submits an annual report to the Secretary identifying
the projects to which the funding would be applied. <<NOTE: Time
period.>> Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated obligation
limitation shall remain available for obligation for a period of 3
fiscal years after the fiscal year in which the Secretary is notified.
The Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) <<NOTE: Definition.>> In this section, the term ``earmarked
amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, and administered by
the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, and administered by
the Federal Highway Administration.
(c) <<NOTE: Time period. Applicability. Certifications.>> The
authority under subsection (a) may be exercised only for those projects
or activities that have obligated less than 10 percent of the amount
made available for obligation as of October 1 of the current fiscal
year, and shall be applied to projects within the same general
geographic area within 25 miles for which the funding was designated,
except that a State or territory may apply such authority to unexpended
balances of funds from projects or activities the State or territory
certifies have been closed and for which payments have been made under a
final voucher.
(d) <<NOTE: Reports.>> The Secretary shall submit consolidated
reports of the information provided by the States and territories
annually to the House and Senate Committees on Appropriations.
Sec. 125. Until <<NOTE: Adjudication. Waivers.>> final guidance is
published, the Administrator of the Federal Highway Administration shall
adjudicate requests for Buy America waivers under the criteria that were
in effect prior to April 17, 2018.
[[Page 134 STAT. 1843]]
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfers of funds)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act (Public Law 114-94),
$328,143,124, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), of which $9,896,127 is to be transferred and made
available from prior year unobligated contract authority provided for
National Motor Carrier Safety Program or Motor Carrier Safety in the
Transportation Equity Act for the 21st Century (Public Law 105-178),
SAFETEA-LU (Public Law 109-59), or other appropriations or authorization
Acts, together with advances and reimbursements received by the Federal
Motor Carrier Safety Administration, the sum of which shall remain
available until expended: Provided, That funds available for
implementation, execution, or administration of motor carrier safety
operations and programs authorized under title 49, United States Code,
shall not exceed total obligations of $328,143,124, for ``Motor Carrier
Safety Operations and Programs'' for fiscal year 2021, of which
$9,073,000, to remain available for obligation until September 30, 2023,
is for the research and technology program, and of which not less than
$75,447,124, to remain available for obligation until September 30,
2023, is for development, modernization, enhancement, continued
operation, and maintenance of information technology and information
management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfers of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act (Public Law 114-94),
$389,800,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That funds available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$389,800,000 in fiscal year 2021 for ``Motor Carrier Safety Grants'':
Provided further, That of the sums appropriated under this heading:
[[Page 134 STAT. 1844]]
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $45,900,000 shall be available for the high priority
activities program, of which $1,000,000 is to be made available
from prior year unobligated contract authority provided for
Motor Carrier Safety Grants in the Transportation Equity Act for
the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law
109-59), or other appropriations or authorization Acts; and
(4) $2,000,000 shall be made available for commercial motor
vehicle operators grants, of which $1,000,000 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety Grants in the Transportation
Equity Act for the 21st Century (Public Law 105-178), SAFETEA-LU
(Public Law 109-59), or other appropriations or authorization
Acts:
Provided further, That <<NOTE: Study.>> of the unobligated amounts
provided for Motor Carrier Safety Grants in the Transportation Equity
Act for the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law
109-59), the FAST Act (Public Law 114-94) or other appropriation or
authorization acts prior to fiscal year 2021, $30,000,000 in additional
obligation limitation, shall be transferred and made available for a
study of the cause of large truck crashes and shall remain available
until expended: Provided further, That the activities funded by the
previous proviso may be accomplished through direct expenditure, direct
research activities, grants, cooperative agreements, contracts, intra or
interagency agreements, or other agreements with public organizations:
Provided further, That such amounts, payments, and obligation limitation
as may be necessary to carry out the study of the cause of large truck
crashes may be transferred and credited to appropriate accounts of other
participating Federal agencies: Provided further, That $30,000,000 for
payment of obligations incurred in carrying out this section shall be
derived from the Highway Trust Fund (other than the Mass Transit
Account), to be available until expended.
administrative provisions--federal motor carrier safety administration
Sec. 130. The <<NOTE: Notice. Mail.>> Federal Motor Carrier Safety
Administration shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered mail, or
another manner of delivery, which records the receipt of the notice by
the persons responsible for the violations.
Sec. 131. The <<NOTE: Regulations. 49 USC 31142 note.>> Federal
Motor Carrier Safety Administration shall update annual inspection
regulations under Appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations, as recommended by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section
[[Page 134 STAT. 1845]]
31132(1) of such title, transporting livestock as defined in section 602
of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $194,167,000,
of which $40,000,000 shall remain available through September 30, 2022.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94), and chapter 303 of title
49, United States Code, $155,300,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2021, are in excess of
$155,300,000: Provided further, That of the sums appropriated under
this heading--
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls, and section 4011 of the
Fixing America's Surface Transportation Act (Public Law 114-94);
and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2022, and $3,000,000, for impaired driving detection,
shall remain available until expended, and shall be in addition to the
amount of any limitation imposed on obligations for future years:
Provided further, That amounts for behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls are in addition to any other funds
provided for those purposes for fiscal year 2021 in this Act.
[[Page 134 STAT. 1846]]
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of 23
U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act (Public Law 114-94), to remain available
until expended, $623,017,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the funds
in this Act shall be available for the planning or execution of programs
for which the total obligations in fiscal year 2021 are in excess of
$623,017,000 for programs authorized under 23 U.S.C. 402, 404, and 405,
and section 4001(a)(6) of the Fixing America's Surface Transportation
Act: Provided further, That of the sums appropriated under this
heading--
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23 U.S.C.
405 for ``Impaired Driving Countermeasures'' (as described in subsection
(d) of that section) shall be available for technical assistance to the
States: Provided further, That with respect to the ``Transfers''
provision under 23 U.S.C. 405(a)(8), any amounts transferred to increase
the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further,
That <<NOTE: Notification. Deadline.>> the Administrator shall notify
the House and Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23 U.S.C.
405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
[[Page 134 STAT. 1847]]
Sec. 142. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2022, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in collaboration
with eligible entities under section 403 of title 23, United
States Code; and
(2) not to exceed $10,000,000 shall be available to continue
a high visibility enforcement paid-media campaign regarding
highway-rail grade crossing safety in collaboration with the
Federal Railroad Administration.
Sec. 143. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $234,905,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$41,000,000, to remain available until expended.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $200,000,000, to remain available until expended:
Provided, That expenses incidental to the acquisition or construction
(including designing, engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-way) of a capital project
as defined under section 24911(a)(2) of title 49, United States Code,
are eligible for funding independently or in conjunction with proposed
funding for construction: Provided further, That the Secretary may
withhold up to 1 percent of the amount provided under this heading for
the costs of award and project management oversight of grants carried
out under section 24911 of title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 22907 of title
49, United States Code, $375,000,000, to remain
[[Page 134 STAT. 1848]]
available until expended: Provided, That of the amounts made available
under this heading--
(1) not less than $75,000,000 shall be for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
support the development of new intercity passenger rail service
routes including alignments for existing routes: Provided, That
the Secretary shall give preference for pre-construction
elements including preliminary engineering and final design of
such projects; and
(2) not less than $25,000,000 shall be for capital projects
and engineering solutions targeting trespassing: Provided, That
the Secretary shall give preference for such projects that are
located in counties with the most pedestrian trespasser
casualties as identified in the Federal Railroad
Administration's National Strategy to Prevent Trespassing on
Railroad Property:
Provided further, That section 22905(f) of title 49, United States Code,
shall not apply to projects for the implementation of positive train
control systems otherwise eligible under section 22907(c)(1) of title
49, United States Code: Provided further, That amounts made available
under this heading for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after selection, to
the appropriate agencies to be administered in accordance with chapter
53 of title 49, United States Code: Provided further, That the
Secretary shall not limit eligible projects from consideration for
funding for planning, engineering, environmental, construction, and
design elements of the same project in the same application: Provided
further, That for amounts available under this heading eligible
recipients under section 22907(b) of title 49, United States Code, shall
include any holding company of a Class II railroad or Class III railroad
(as those terms are defined in section 20102 of title 49, United States
Code): Provided further, That <<NOTE: Time period.>> unobligated
balances remaining after 6 years from the date of enactment of this Act
may be used for any eligible project under section 22907(c) of title 49,
United States Code: Provided further, That the Secretary may withhold
up to 1 percent of the amount provided under this heading for the costs
of award and project management oversight of grants carried out under
section 22907 of title 49, United States Code.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in
subsections (a) through (c) of section 1307 of SAFETEA-LU (Public Law
109-59), as amended by section 102 of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244) (23 U.S.C. 322 note),
$2,000,000, to remain available until expended.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$4,720,000, to remain available until expended: Provided, That the
Secretary may withhold up to 1 percent of the funds provided under this
heading to fund the costs of award and project management and oversight.
[[Page 134 STAT. 1849]]
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $75,000,000 shall be made
available to bring Amtrak-served facilities and stations into compliance
with the Americans with Disabilities Act: Provided further, That of the
amounts made available under this heading and the ``National Network
Grants to the National Railroad Passenger Corporation'' heading,
$100,000,000 shall be made available to fund the replacement of the
single-level passenger cars used on the Northeast Corridor, State-
supported routes, and long-distance routes, as such terms are defined in
section 24102 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,300,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That at least $50,000,000 of the
amount provided under this heading shall be available for the
development, installation and operation of railroad safety technology,
including the implementation of a positive train control system, on
State-supported routes as defined under section 24102(13) of title 49,
United States Code, on which positive train control systems are not
required by law or regulation: Provided further, That none of the funds
provided under this heading shall be used by Amtrak to give notice under
subsection (a) or (b) of section 24706 of title 49, United States Code,
with respect to long-distance routes (as defined in section 24102 of
title 49, United States Code) on which Amtrak is the sole operator on a
host railroad's line and a positive train control system is not required
by law or regulation, or, except in an emergency or during maintenance
or construction outages
[[Page 134 STAT. 1850]]
impacting such routes, to otherwise discontinue, reduce the frequency
of, suspend, or substantially alter the route of rail service on any
portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of title
49, United States Code, in lieu of rail service.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. None of the funds made available to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That
the <<NOTE: Waiver authority. Determination.>> President of Amtrak may
waive the cap set in the preceding proviso for specific employees when
the President of Amtrak determines such a cap poses a risk to the safety
and operational efficiency of the system: <<NOTE: Reports. Summary. Time
period.>> Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later than 60
days after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2020 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2020 and for the
3 prior calendar years.
Sec. 151. None of the funds made available to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'' may be used to
reduce the total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations, facilities or
rights-of-way below the staffing level on May 1, 2019.
Sec. 152. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 153. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements''--
(1) in division G of the Consolidated Appropriations Act,
2019 (Public Law 116-6) <<NOTE: 133 Stat. 418.>> is amended by
striking ``4 years'' and inserting ``6 years'' in the fourth
proviso; and
(2) in division H of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) <<NOTE: 133 Stat. 2958.>> is
amended by striking ``4 years'' and inserting ``6 years'' in the
fourth proviso.
Sec. 154. Of the unobligated balances of funds remaining from--
(1) ``Capital and Debt Service Grants to the National
Railroad Passenger Corporation'' accounts totaling
$10,458,135.54 appropriated by the following public laws are
hereby permanently rescinded:
(A) Public Law 112-10 a total of $289,234.48;
(B) Public Law 112-55 a total of $4,760,000.00;
(C) Public Law 113-76 a total of $792,502.52;
(D) Public Law 113-235 a total of $1,698,806.61; and
(E) Public Law 114-113 a total of $2,917,591.93;
[[Page 134 STAT. 1851]]
(2) ``Railroad Safety Technology Program'' account totaling
$613,252.29 appropriated by Public Law 111-117 is hereby
permanently rescinded;
(3) ``Capital Assistance to States--Intercity Passenger Rail
Service'' account totaling $10,164,885.13 appropriated by Public
Law 111-8 is hereby permanently rescinded;
(4) ``Rail Line Relocation and Improvement Program''
accounts totaling $12,650,365.14 appropriated by the following
public laws are hereby permanently rescinded:
(A) Public Law 110-161 a total of $923,214.63;
(B) Public Law 111-8 a total of $5,558,233.95;
(C) Public Law 111-117 a total of $3,763,767.95; and
(D) Public Law 112-10 a total of $2,405,148.61; and
(5) ``Next Generation High-Speed Rail'' accounts totaling
$3,034,848.52 appropriated by the following public laws are
hereby permanently rescinded:
(A) Public Law 104-50 a total of $610,807.00;
(B) Public Law 104-205 a total of $5,963.71;
(C) Public Law 105-66 a total of $1,218,742.47;
(D) Public Law 105-277 a total of $17,097.00;
(E) Public Law 106-69 a total of $1,005,969.00;
(F) Public Law 108-7 a total of $43,951.57;
(G) Public Law 108-199 a total of $24,263.48; and
(H) Public Law 108-447 a total of $108,054.29.
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in
40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $121,052,000 which shall remain available until September
30, 2022, and up to $1,000,000 shall be available to carry out the
provisions of section 5326 of such title: Provided, That
upon <<NOTE: Reports.>> submission to the Congress of the fiscal year
2022 President's budget, the Secretary of Transportation shall transmit
to Congress the annual report on Capital Investment Grants, including
proposed allocations for fiscal year 2022.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment
[[Page 134 STAT. 1852]]
of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2021: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, low or no emission grants
under section 5339(c) of such title, formula grants to rural areas under
section 5311 of such title, high density state apportionments under
section 5340(d) of such title, state of good repair grants under section
5337 of such title, ferry boats grants under section 5307(h) of such
title, bus testing facilities under section 5318 of such title, grants
to areas of persistent poverty, innovative mobility solutions grants
under section 5312 of such title, and accelerating innovative mobility
initiative grants under section 5312 such title, $516,220,000, to remain
available until expended: Provided, That of the sums provided under
this heading--
(1) $243,000,000 shall be available for the buses and bus
facilities grants as authorized under section 5339 of such
title, of which $118,000,000 shall be available for the buses
and bus facilities formula grants as authorized under section
5339(a) of such title, and $125,000,000 shall be available for
buses and bus facilities competitive grants as authorized under
section 5339(b) of such title;
(2) $125,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not less
than $750,000;
(3) $40,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $40,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of such
title;
(5) $40,000,000 shall be available for state of good repair
grants as authorized under section 5337 of such title;
(6) $8,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this subparagraph, $4,000,000
shall only be available for low or zero-emission ferries or
ferries using electric battery or fuel cell components and the
infrastructure to support such ferries;
[[Page 134 STAT. 1853]]
(7) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(8) $16,220,000 shall be available for competitive grants to
eligible entities to assist areas of persistent poverty:
Provided, That <<NOTE: Definition.>> the term ``areas of
persistent poverty'' means any county that has consistently had
greater than or equal to 20 percent of the population living in
poverty during the 30 year period preceding the date of
enactment of this Act, as measured by the 1990 and 2000
decennial census and the most recent Small Area Income and
Poverty Estimates as estimated by the Bureau of the Census; any
census tract with a poverty rate of at least 20 percent as
measured by the 2014-2018 5-year data series available from the
American Community Survey of the Bureau of the Census; or any
territory or possession of the United States: <<NOTE: Plans.>>
Provided further, That grants shall be for planning,
engineering, or development of technical or financing plans for
projects eligible under chapter 53 of title 49, United States
Code: Provided further, That eligible entities are those
defined as eligible recipients or subrecipients under sections
5307, 5310 or 5311 of title 49, United States Code, and are in
areas of persistent poverty: Provided further, That the Federal
Transit Administration should complete outreach to such counties
and the departments of transportation within applicable States
via personal contact, webinars, web materials and other
appropriate methods determined by the Administrator of the
Federal Transit Administration: Provided further, That State
departments of transportation may apply on behalf of eligible
entities within their States: Provided further, That the
Federal Transit Administration should encourage grantees to work
with non-profits or other entities of their choosing in order to
develop planning, technical, engineering, or financing plans:
Provided further, That the Federal Transit Administration shall
encourage grantees to partner with non-profits that can assist
with making projects low or no emissions;
(9) $1,000,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of title 49, United States Code: Provided, That
such amounts shall be available for competitive grants or
cooperative agreements for the development of software to
facilitate the provision of demand-response public
transportation service that dispatches public transportation
fleet vehicles through riders mobile devices or other advanced
means: Provided further, That <<NOTE: Evaluation.>> the
Secretary shall evaluate the potential for software developed
with grants or cooperative agreements to be shared for use by
public transportation agencies; and
(10) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall be
available for competitive grants to improve mobility and enhance
the rider experience with a focus on innovative service delivery
models, creative financing, novel partnerships, and integrated
payment solutions in order to help disseminate proven innovation
mobility practices throughout the public transportation
industry:
[[Page 134 STAT. 1854]]
Provided further, That projects funded under paragraph (8) of this
heading shall be for not less than 90 percent of the net total project
cost: Provided further, That amounts made available by this heading
shall be derived from the general fund: Provided further, That the
amounts made available under this heading shall not be subject to any
limitation on obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49, United
States Code, $7,500,000, to remain available until September 30, 2022:
Provided, That the assistance provided under this heading does not
duplicate the activities of section 5311(b) or section 5312 of title 49,
United States Code.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $2,014,000,000, to remain available until September
30, 2024: Provided, That of the amounts made available under this
heading, $1,169,000,000 shall be available for projects authorized under
section 5309(d) of title 49, United States Code, $525,000,000 shall be
available for projects authorized under section 5309(e) of title 49,
United States Code, $200,000,000 shall be available for projects
authorized under section 5309(h) of title 49, United States Code, and
$100,000,000 shall be available for projects authorized under section
3005(b) of the Fixing America's Surface Transportation
Act: <<NOTE: Continuation.>> Provided further, That the Secretary
shall continue to administer the capital investment grants program in
accordance with the procedural and substantive requirements of section
5309 of title 49, United States Code, and of section 3005(b) of the
Fixing America's Surface Transportation Act: Provided further, That
projects that receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under section
3005(b) of the Fixing America's Surface Transportation Act shall be
deemed eligible for funding provided for projects under section 5309 of
title 49, United States Code, without further evaluation or rating under
such section: Provided further, That such funding shall not exceed the
Federal share under section 3005(b): Provided Further, That funds
allocated pursuant to 49 U.S.C. 5309 to any project during fiscal years
2015 or 2017 shall remain allocated to that project until December 31,
2021.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan Area
Transit Authority only after receiving and reviewing a request for each
specific project: Provided further,
[[Page 134 STAT. 1855]]
That the Secretary <<NOTE: Determination.>> shall determine that the
Washington Metropolitan Area Transit Authority has placed the highest
priority on those investments that will improve the safety of the system
before approving such grants: <<NOTE: Waiver authority.>> Provided
further, That the Secretary, in order to ensure safety throughout the
rail system, may waive the requirements of section 601(e)(1) of division
B of the Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432).
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act or identified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) not obligated by September 30, 2024, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding <<NOTE: Transfer authority.>> any other
provision of law, any funds appropriated before October 1, 2020, under
any section of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any other
Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities, including
a transit vehicle manufacturer, that intend to participate in the
implementation of a project under section 5339(c) of title 49, United
States Code, and a project awarded with such partnership shall be
treated as satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for the named
entity.
Sec. 165. None of the funds made available by this Act or any other
Act shall be used to impede or hinder project advancement or approval
for any project seeking a Federal contribution from the capital
investment grant program of greater than 40 percent of project costs as
authorized under section 5309 of title 49, United States Code.
Sec. 166. None of the funds made available in this Act may be used
by the Department of Transportation to implement any policy that
requires a capital investment grant project to receive a medium or
higher project rating before taking actions to finalize an environmental
impact statement.
Sec. 167. Of the unobligated amounts made available for prior
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total of
$1,606,849 are hereby permanently rescinded: Provided,
[[Page 134 STAT. 1856]]
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency or disaster relief requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 168. Of the unobligated amounts made available for the Job
Access and Reverse Commute program, as authorized by Public Law 105-178,
as amended, a total of $320,230 are hereby permanently rescinded.
Sec. 169. Of the unobligated amounts made available for Research,
Training, and Human Resources, as authorized by Public Law 95-599, as
amended, a total of $31,634 are hereby permanently rescinded.
Sec. 169A. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment under
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
``Transit Infrastructure Grants'' in fiscal years 2016 through 2020 may
be used by the facilities selected for such vehicle component assessment
for capital projects in order to build new infrastructure and enhance
existing facilities in order to expand bus and component testing
capability, in accordance with the industry stakeholder testing
objectives and capabilities as outlined through the work of the Federal
Transit Administration Transit Vehicle Innovation and Deployment Centers
program and included in the Center for Transportation and the
Environment report submitted to the Federal Transit Administration for
review.
Saint Lawrence Seaway Development Corporation
The <<NOTE: Contracts.>> Saint Lawrence Seaway Development
Corporation is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $38,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238): Provided, That of the amounts
made available under this heading, not less than $14,500,000 shall be
for the seaway infrastructure program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$314,007,780, to remain available until expended, of which
[[Page 134 STAT. 1857]]
$7,780 shall be derived from unobligated balances from prior year
appropriations available under this heading.
cable security fleet
For the Cable Security Fleet program, as authorized by chapter 532
of title 46, United States Code, $10,000,000, to remain available until
expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $155,616,000: Provided, That of the amounts made
available under this heading--
(1) $80,000,000, to remain available until September 30,
2022, shall be for the operations of the United States Merchant
Marine Academy;
(2) $5,944,000, to remain available until expended, shall be
for facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $3,000,000, to remain available until September 30,
2022, shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title 46,
United States Code; and
(4) $10,819,000, to remain available until expended, shall
be for the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United
States Code:
Provided further, That <<NOTE: Reports. Sexual assault.>> the
Administrator of the Maritime Administration shall transmit to the House
and Senate Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant Marine
Academy as required pursuant to section 3510 of the National Defense
Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318): Provided
further, That available balances under this heading for the Short Sea
Transportation Program (America's Marine Highways) from prior year
recoveries shall be available to carry out activities authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United States
Code: Provided further, That any unobligated balances and obligated
balances not yet expended from previous appropriations under this
heading for programs and activities supporting State Maritime Academies
shall be transferred to and merged with the appropriations for
``Maritime Administration--State Maritime Academy Operations'' and shall
be made available for the same purposes as the appropriations for
``Maritime Administration--State Maritime Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $432,700,000: Provided, That
of the sums appropriated under this heading--
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, insurance, and
capacity improvement of National Defense Reserve Fleet
[[Page 134 STAT. 1858]]
training ships, and for support of training ship operations at
the State Maritime Academies, of which $8,500,000, to remain
available until expended, shall be for expenses related to
training mariners; and for costs associated with training vessel
sharing pursuant to 46 U.S.C. 51504(g)(3) for costs associated
with mobilizing, operating and demobilizing the vessel,
including travel costs for students, faculty and crew, the costs
of the general agent, crew costs, fuel, insurance, operational
fees, and vessel hire costs, as determined by the Secretary;
(2) $390,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 to remain available through September 30,
2022, shall be for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2022, shall be for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$4,200,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302(c) of title 46, United States Code, $230,000,000, to
remain available until expended: Provided, That projects eligible for
amounts made available under this heading shall be projects for coastal
seaports, inland river ports, or Great Lakes ports: Provided further,
That of the amounts made available under this heading, not less than
$205,000,000 shall be for coastal seaports or Great Lakes
ports: <<NOTE: Distribution. Grants.>> Provided further, That the
Maritime Administration shall distribute amounts made available under
this heading as discretionary grants to port authorities or commissions
or their subdivisions and agents under existing authority, as well as to
a State or political subdivision of a State or local government, a
Tribal Government, a public agency or publicly chartered authority
established by one or more States, a special purpose
[[Page 134 STAT. 1859]]
district with a transportation function, a multistate or
multijurisdictional group of entities, or a lead entity described above
jointly with a private entity or group of private entities: Provided
further, That projects eligible for amounts made available under this
heading shall be designed to improve the safety, efficiency, or
reliability of the movement of goods into, out of, around, or within a
port and located--
(1) within the boundary of a port; or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages necessary
for intermodal freight transfer, warehouses including
refrigerated facilities, lay-down areas, transit sheds, and
other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which an
amount is provided under this heading shall be up to 80 percent:
Provided further, That for grants awarded under this heading, the
minimum grant size shall be $1,000,000: Provided further, That
for <<NOTE: Priority.>> grant awards less than $10,000,000, the
Secretary shall prioritize ports that handled less than 10,000,000 short
tons in 2017, as identified by the Corps of Engineers: Provided
further, That for grant awards less than $10,000,000, the Secretary may
increase the Federal share of costs above 80 percent: Provided further,
That not to exceed 2 percent of the amounts made available under this
heading shall be available for necessary costs of grant administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
[[Page 134 STAT. 1860]]
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $28,715,000, of which $4,500,000 shall
remain available until September 30, 2023.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$62,000,000, of which $14,000,000 shall remain available until September
30, 2023: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $168,000,000, to
remain available until September 30, 2023, of which $23,000,000 shall be
derived from the Oil Spill Liability Trust Fund; of which $137,000,000
shall be derived from the Pipeline Safety Fund; and of which $8,000,000
shall be derived from fees collected under 49 U.S.C. 60302 and deposited
in the Underground Natural Gas Storage Facility Safety Account for the
purpose of carrying out 49 U.S.C. 60141: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for the
One-Call State grant program: <<NOTE: Notification. Deadline.>>
Provided further, That any amounts provided under this heading in this
Act or in prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements (``OTAs'') shall
require written notification to the House and Senate Committees on
Appropriations not less than 3 full business days before such research
contracts, grants, cooperative agreements, or research OTAs are
announced by the Department of Transportation: <<NOTE: Research
plan. Approval.>> Provided further, That the Administrator may
obligate amounts made available under this heading to engineer, erect,
alter, and repair buildings or make any other public improvements for
research facilities at the Transportation Technology Center after the
Administrator submits an updated research plan to the House and Senate
Committees on Appropriations and after such plan is approved by the
House and Senate Committees on Appropriations.
[[Page 134 STAT. 1861]]
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2023, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States Code:
Provided, That notwithstanding section 5116(h)(4) of title 49, United
States Code, not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That notwithstanding subsections (b) and (c) of section 5128 of
title 49, United States Code, and the limitation on obligations provided
under this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further, That
the prior year recoveries made available under this heading shall also
be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i), and
5107(e) of title 49, United States Code.
administrative provisions--pipeline and hazardous materials safety
administration
Sec. 180. In addition to the amounts made available under the
heading, ``Emergency Preparedness Grants'', $1,000,000, to remain
available until September 30, 2023, shall be made available to the
Pipeline and Hazardous Materials Safety Administration from the general
fund of the Treasury, in addition to amounts otherwise available for
such purposes, to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$98,150,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
[[Page 134 STAT. 1862]]
General Provisions--Department of Transportation
Sec. 190. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business;
and uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of Transportation or
an operating administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect when
the system was purchased, procured, or contracted for.
Sec. 191. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 192. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3) of
title 18, United States Code) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined in section
2725(1) of title 18, United States Code, except as provided in section
2721 of title 18, United States Code, for a use permitted under section
2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
amounts made available by this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 193. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 194. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 195.
<<NOTE: Loans. Contracts. Grants. Notification. Deadline.>> None of the
funds made available by this Act to the Department of Transportation may
be used to make a loan, loan guarantee, line of credit, letter of
intent, federally funded cooperative agreement, full funding grant
agreement, or discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations not less than
3 full business days before any project competitively selected to
[[Page 134 STAT. 1863]]
receive any discretionary grant award, letter of intent, loan
commitment, loan guarantee commitment, line of credit commitment,
federally funded cooperative agreement, or full funding grant agreement
is announced by the Department or its operating administrations:
Provided, That <<NOTE: List.>> the Secretary of Transportation shall
provide the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines of credit,
letters of intent, federally funded cooperative agreements, full funding
grant agreements, and discretionary grants prior to the notification
required under the previous proviso: Provided further,
That <<NOTE: Notification.>> the Secretary gives concurrent
notification to the House and Senate Committees on Appropriations for
any ``quick release'' of funds from the emergency relief program:
Provided further, That no notification shall involve funds that are not
available for obligation.
Sec. 196. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 197. <<NOTE: Determination.>> Amounts made available by this
Act or any prior Act that the Secretary determines represent improper
payments by the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered pursuant to law,
shall be available--
(1) <<NOTE: Reimbursement.>> to reimburse the actual
expenses incurred by the Department of Transportation in
recovering improper payments: Provided, That amounts made
available by this Act shall be available until expended; and
(2) <<NOTE: Payments.>> to pay contractors for services
provided in recovering improper payments or contractor support
in the implementation of the Improper Payments Information Act
of 2002 (Public Law 107-300), as amended by the Improper
Payments Elimination and Recovery Act of 2010 (Public Law 111-
204) and Improper Payments Elimination and Recovery Improvement
Act of 2012 (Public Law 112-248), and Fraud Reduction and Data
Analytics Act of 2015 (Public Law 114-186): Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available: Provided
further, That where specific project or accounting
information associated with the improper payment or
payments is not readily available, the Secretary may
credit an appropriate account, which shall be available
for the purposes and period associated with the account
so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further,
That <<NOTE: Notification.>> prior to depositing such
recovery in the Treasury, the Secretary shall notify the
House and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided further,
That <<NOTE: Definition.>> for purposes of this
section, the term ``improper payments'' has
[[Page 134 STAT. 1864]]
the same meaning as that provided in section 2(e)(2) of
the Improper Payments Elimination and Recovery Act of
2010 (Public Law 111-204).
Sec. 198. <<NOTE: Notice.>> Notwithstanding any other provision of
law, if any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the House
and Senate Committees on Appropriations, transmission of such
reprogramming notice shall be provided solely to the House and Senate
Committees on Appropriations, and such reprogramming action shall be
approved or denied solely by the House and Senate Committees on
Appropriations: Provided, That <<NOTE: Notice. Deadline.>> the
Secretary of Transportation may provide notice to other congressional
committees of the action of the House and Senate Committees on
Appropriations on such reprogramming but not sooner than 30 days after
the date on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 199. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable operating administration or
administrations.
Sec. 199A. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 199B. <<NOTE: Certification.>> The Department of
Transportation may use funds provided by this Act, or any other Act, to
assist a contract under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not otherwise
authorized by law, or to amend a rule, regulation, policy or other
measure that forbids a recipient of a Federal Highway Administration or
Federal Transit Administration grant from imposing such hiring
preference on a contract or construction project with which the
Department of Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation
Improvement Program.
Sec. 199C. <<NOTE: Coordination.>> The Secretary of Transportation
shall coordinate with the Secretary of Homeland Security to ensure that
best practices for Industrial Control Systems Procurement are up-to-date
and shall ensure that systems procured with funds provided under this
title were procured using such practices.
[[Page 134 STAT. 1865]]
Sec. 199D. None of the funds made available by this Act to the
Department of Transportation may be used in contravention of section
306108 of title 54, United States Code.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2021''.
<<NOTE: Department of Housing and Urban Development Appropriations Act,
2021.>> TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $17,292,000, to
remain available until September 30, 2022: Provided, That not to exceed
$25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred to
in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $576,689,000, to remain available until September 30, 2022:
Provided, That of the sums appropriated under this heading--
(1) $74,462,000 shall be available for the Office of the
Chief Financial Officer;
(2) $107,254,000 shall be available for the Office of the
General Counsel, of which not less than $20,050,000 shall be for
the Departmental Enforcement Center;
(3) $207,693,000 shall be available for the Office of
Administration, of which not more than $10,000,000 may be for
modernizing the Weaver Building and space consolidation;
(4) $38,933,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $59,652,000 shall be available for the Office of Field
Policy and Management;
(6) $21,013,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,239,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $63,443,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of the
Department, not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities
[[Page 134 STAT. 1866]]
that directly support program activities funded in this title: Provided
further, That <<NOTE: Time period. Notifications.>> the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That <<NOTE: Reports.>> the Secretary shall
provide in electronic form all signed reports required by Congress:
Provided further, That <<NOTE: Approval. Expenditure plan.>> not more
than 10 percent of the funds made available under this heading for the
Office of the Chief Financial Officer for the financial transformation
initiative may be obligated until the Secretary submits to the House and
Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be realized,
key milestones to be met, and the relationship between the proposed use
of funds made available under this heading and the projected total cost
and scope of the initiative.
program offices
For necessary salaries and expenses for Program Offices,
$904,673,000, to remain available until September 30, 2022: Provided,
That of the sums appropriated under this heading--
(1) $243,056,000 shall be available for the Office of Public
and Indian Housing;
(2) $131,107,000 shall be available for the Office of
Community Planning and Development;
(3) $404,194,000 shall be available for the Office of
Housing, of which not less than $13,200,000 shall be for the
Office of Recapitalization;
(4) $36,250,000 shall be available for the Office of Policy
Development and Research;
(5) $79,763,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $10,303,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and Urban
Development (referred to in this paragraph as the ``Fund''), pursuant,
in part, to section 7(f) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(f)), amounts transferred, including
reimbursements pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by offices and
agencies of the Department, and for any such portion of any office or
agency's printing, records management, space renovation, furniture, or
supply services the Secretary has determined shall be provided through
the Fund, and the operational expenses of the Fund: Provided, That
amounts within the Fund shall not be available to provide services not
specifically authorized under this heading: Provided further,
That <<NOTE: Determination.>> upon a determination by the Secretary
that any other service (or portion thereof) authorized under this
heading shall be provided through the Fund, amounts made available in
this title for salaries and expenses under the headings ``Executive
Offices'', ``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall be
transferred to
[[Page 134 STAT. 1867]]
the Fund, to remain available until expended: Provided further,
That <<NOTE: Notification. Deadline.>> the Secretary shall notify the
House and Senate Committees on Appropriations of its plans for executing
such transfers at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance <<NOTE: Vouchers.>>
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $21,777,439,000, to remain available until
expended, which shall be available on October 1, 2020 (in addition to
the $4,000,000,000 previously appropriated under this heading that shall
be available on October 1, 2020), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2021:
Provided, That the amounts made available under this heading are
provided as follows:
(1) <<NOTE: Determinations.>> $23,080,000,000 shall be
available for renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided,
That <<NOTE: Notice. Federal Register, publication.>>
notwithstanding any other provision of law, from amounts
provided under this paragraph and any carryover, the Secretary
for the calendar year 2021 funding cycle shall provide renewal
funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the Federal
Register, and by making any necessary adjustments for the costs
associated with the first-time renewal of vouchers under this
paragraph including tenant protection and Choice Neighborhoods
vouchers: Provided further, That none of the funds provided
under this paragraph may be used to fund a total number of unit
months under lease which exceeds a public housing agency's
authorized level of units under contract, except for public
housing agencies participating in the Moving to Work (MTW)
demonstration, which are instead governed in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any: Provided further, That the Secretary shall,
to the extent necessary to stay within the amount specified
under this paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That <<NOTE: Notification. Deadline.>> except as
provided in the following provisos, the entire amount specified
under this paragraph (except as otherwise modified under this
paragraph) shall be obligated to the public housing agencies
based on the allocation and pro rata method described above, and
the Secretary shall notify public housing agencies of their
annual budget by the latter of 60 days after enactment of this
Act or March 1, 2021: Provided further,
That <<NOTE: Extension. Advance approval.>> the Secretary may
extend the notification period with the prior written approval
of the House and Senate Committees
[[Page 134 STAT. 1868]]
on Appropriations: Provided further, That public housing
agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject to
the same pro rata adjustments under the previous provisos:
Provided further, That the Secretary may offset public housing
agencies' calendar year 2021 allocations based on the excess
amounts of public housing agencies' net restricted assets
accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2020 that is
verifiable and complete), as determined by the Secretary:
Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW agreements,
from the agencies' calendar year 2021 MTW funding allocation:
Provided further, That the Secretary shall use any offset
referred to in the previous two provisos throughout the calendar
year to prevent the termination of rental assistance for
families as the result of insufficient funding, as determined by
the Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $110,000,000
shall be available only: (1) for adjustments in the allocations
for public housing agencies, after application for an adjustment
by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers (including Mainstream vouchers) resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (2) <<NOTE: Time period.>> for vouchers that were
not in use during the previous 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of
the Act, or an adjustment for a funding obligation not yet
expended in the previous calendar year for a MTW-eligible
activity to develop affordable housing for an agency added to
the MTW demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113); (3) for adjustments for
costs associated with HUD-Veterans Affairs Supportive Housing
(HUD-VASH) vouchers; (4) for public housing agencies that
despite taking reasonable cost savings measures, as determined
by the Secretary, would otherwise be required to terminate
rental assistance for families, including Mainstream families,
as a result of insufficient funding; (5) for adjustments in the
allocations for public housing agencies that (i) are leasing a
lower-than-average percentage of their authorized vouchers, (ii)
have low amounts of budget authority in their net restricted
assets accounts and HUD-held programmatic reserves, relative to
other agencies, and (iii) are not participating in the Moving to
Work demonstration, to enable such agencies to lease more
vouchers; and (6) for public housing agencies that have
experienced increased costs or loss of units in an area for
which the President declared a disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.): Provided further,
That <<NOTE: Allocation.>> the Secretary shall allocate amounts
under the previous proviso based on need, as determined by the
Secretary;
[[Page 134 STAT. 1869]]
(2) $116,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section 8,
the family unification program under section 8(x) of the Act,
relocation of witnesses (including victims of violent crimes) in
connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act,
Choice Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project-based
assistance to prevent the displacement of unassisted elderly
tenants currently residing in section 202 properties financed
between 1959 and 1974 that are refinanced pursuant to Public Law
106-569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development is
submitted for demolition or disposition under section 18 of the
Act, the Secretary may provide section 8 rental assistance when
the units pose an imminent health and safety risk to residents:
Provided further, That the Secretary may provide section 8
rental assistance from amounts made available under this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety risk
to residents: Provided further,
That <<NOTE: Determination. Reimbursement.>> to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated
with such units under such contract shall be recaptured and used
to reimburse amounts used under this paragraph for rental
assistance under the previous proviso: Provided further, That
of the amounts made available under this paragraph, at least
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section 202
loan that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher or
tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a mortgage
or preservation program administered by the Secretary: Provided
further, That such tenant protection assistance made available
under the previous proviso may be provided under the authority
of section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further,
That <<NOTE: Guidance. Requirements. Deadline.>> the Secretary
shall issue guidance to implement the previous provisos,
including, but not limited to, requirements for defining
eligible at-risk households within 60 days of the enactment of
this Act: Provided further, That <<NOTE: Notice.>> any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any
[[Page 134 STAT. 1870]]
public housing agency, except the replacement vouchers as
defined by the Secretary by notice, when the initial family that
received any such voucher no longer receives such voucher, and
the authority for any public housing agency to issue any such
voucher shall cease to exist: Provided further,
That <<NOTE: Time period.>> the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $2,159,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, HUD-VASH vouchers, and other special
purpose incremental vouchers: Provided, That no less than
$2,129,000,000 of the amount provided in this paragraph shall be
allocated to public housing agencies for the calendar year 2021
funding cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Responsibility Act
of 1998 (Public Law 105-276): Provided further, That if the
amounts made available under this paragraph are insufficient to
pay the amounts determined under the previous proviso, the
Secretary may decrease the amounts allocated to agencies by a
uniform percentage applicable to all agencies receiving funding
under this paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject to
the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $314,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded under
the same terms and be subject to the same pro rata reduction as
the percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That upon turnover, section 811 special
purpose vouchers funded under this heading in
[[Page 134 STAT. 1871]]
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native American
veterans that are homeless or at-risk of homelessness living on
or near a reservation or other Indian areas: Provided,
That <<NOTE: Grants.>> such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided further,
That <<NOTE: Criteria. Data.>> the Secretary shall be
authorized to specify criteria for renewal grants, including
data on the utilization of assistance reported by grant
recipients: Provided further, That such assistance shall be
administered in accordance with program requirements under the
Native American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided further,
That <<NOTE: Waiver authority. Requirements.>> the Secretary
shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation that
the Secretary administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That <<NOTE: Reports. Data.>> grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may reallocate,
as determined by the Secretary, amounts returned or recaptured
from awards under the Tribal HUD-VASH program under prior Acts
to existing recipients under the Tribal HUD-VASH program;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That <<NOTE: Consultation.>> the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance, and
other factors as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the Department
of Veterans Affairs: Provided further, That <<NOTE: Waiver
authority. Requirements. Consultation.>> the Secretary of
Housing and Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute or
regulation that the Secretary of Housing and Urban Development
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding
[[Page 134 STAT. 1872]]
by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
Tha <<NOTE: Continuation. Veterans.>> t assistance made
available under this paragraph shall continue to remain
available for homeless veterans upon turn-over;
(7) <<NOTE: Continuation. Children, youth, and families.>>
$25,000,000 shall be made available for the family unification
program as authorized under section 8(x) of the Act: Provided,
That the amounts made available under this paragraph are
provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made
available under this subparagraph shall continue to
remain available for family unification upon turnover;
and
(B) $20,000,000 shall be for new incremental voucher
assistance to assist eligible youth as defined by such
section 8(x)(2)(B): Provided, That assistance made
available under this subparagraph shall continue to
remain available for such eligible youth upon turnover:
Provided further, That of the total amount made
available under this subparagraph, up to $10,000,000
shall be available on a noncompetitive basis to public
housing agencies that partner with public child welfare
agencies to identify such eligible youth, that request
such assistance to timely assist such eligible youth,
and that meet any other criteria as specified by the
Secretary: Provided further,
That <<NOTE: Review. Determination.>> the Secretary
shall review utilization of the assistance made
available under the previous proviso, at an interval to
be determined by the Secretary, and unutilized voucher
assistance that is no longer needed shall be recaptured
by the Secretary and reallocated pursuant to the
previous proviso:
Provided further, That <<NOTE: Determination. Notification.>>
for any public housing agency administering voucher assistance
appropriated in a prior Act under the family unification
program, or made available and competitively selected under this
paragraph, that determines that it no longer has an identified
need for such assistance upon turnover, such agency shall notify
the Secretary, and the Secretary shall recapture such assistance
from the agency and reallocate it to any other public housing
agency or agencies based on need for voucher assistance in
connection with such specified program or eligible youth, as
applicable;
(8) $43,439,000 shall be for incremental rental voucher
assistance under section 8(o) of the United States Housing Act
of 1937 for use by individuals and families who are homeless, as
defined in section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)), at risk of homelessness, as
defined in section 401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1)), fleeing, or attempting to
flee, domestic violence, dating violence, sexual assault, or
stalking, or veterans and families that include a veteran family
member that meet one of the preceding criteria: Provided,
That <<NOTE: Continuation. Children, youth, and families.>>
assistance made available under this paragraph shall continue to
remain available for such eligible individuals and families upon
turnover: Provided further, That the Secretary shall make such
funding available, notwithstanding section 203 of this title
(competition provision) to public housing agencies that partner
with eligible continuums of care or other entities as designated
by the Secretary, based on geographical
[[Page 134 STAT. 1873]]
need of such assistance, public housing agency administrative
performance, and other factors as specified by the Secretary:
Provided further, That <<NOTE: Review. Determination.>> the
Secretary shall review utilization of the assistance made
available under the preceding proviso, at an interval to be
determined by the Secretary, and unutilized voucher assistance
that is no longer needed shall be recaptured by the Secretary
and reallocated pursuant to the preceding proviso: Provided
further, That, the Secretary shall give preference to applicants
that demonstrate a strategy to coordinate assistance with
services available in the community: Provided further, That
none of the funds provided in this paragraph may be used to
require people experiencing homelessness to receive treatment or
perform any other prerequisite activities as a condition for
receiving shelter, housing or other services: Provided further,
That <<NOTE: Guidance.>> the Secretary shall issue guidance to
implement the preceding proviso; and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2021 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For the operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(e)) (the``Act''), and to carry out capital and management
activities for public housing agencies, as authorized under section 9(d)
of the Act (42 U.S.C. 1437g(d)), $7,806,000,000, to remain available
until September 30, 2024: Provided, That the amounts made available
under this heading are provided as follows:
(1) $4,839,000,000 shall be available to the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2021 payments;
(2) <<NOTE: Determination.>> $25,000,000 shall be available
to the Secretary to allocate pursuant to a need-based
application process notwithstanding section 203 of this title
and not subject to such Operating Fund formula to public housing
agencies that experience,
[[Page 134 STAT. 1874]]
or are at risk of, financial shortfalls, as determined by the
Secretary: Provided, That <<NOTE: Distribution.>> after all
such shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $2,765,000,000 shall be available to the Secretary to
allocate pursuant to the Capital Fund formula at section 905.400
of title 24, Code of Federal Regulations: Provided, That for
funds provided under this paragraph, the limitation in section
9(g)(1) of the Act shall be 25 percent: Provided further,
That <<NOTE: Waiver authority.>> the Secretary may waive the
limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C)
of the Act: Provided further,
That <<NOTE: Notification. Deadline.>> the Secretary shall
notify public housing agencies requesting waivers under the
previous proviso if the request is approved or denied within 14
days of submitting the request: Provided further,
That <<NOTE: Bonus awards.>> from the funds made available
under this paragraph, the Secretary shall provide bonus awards
in fiscal year 2021 to public housing agencies that are
designated high performers: Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall
notify public housing agencies of their formula allocation
within 60 days of enactment of this Act;
(4) $75,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety
and security measures necessary to address crime and drug-
related activity, as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under
the Robert T. Stafford Disaster Relief and Emergency Act (42
U.S.C. 5121 et seq.) occurring in fiscal year 2021, of which
$45,000,000 shall be available for public housing agencies under
administrative and judicial receiverships or under the control
of a Federal monitor: Provided, That of the amount made
available under this paragraph, not less than $10,000,000 shall
be for safety and security measures: Provided further,
That <<NOTE: Allocation. Deadline.>> in addition to the amount
in the previous proviso for such safety and security measures,
any amounts that remain available, after all applications
received on or before September 30, 2022, for emergency capital
needs have been processed, shall be allocated to public housing
agencies for such safety and security measures;
(5) $25,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce lead-based paint hazards
in public housing by carrying out the activities of risk
assessments, abatement, and interim controls (as those terms are
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided, That
for purposes of environmental review, a grant under this
paragraph shall be considered funds for projects or activities
under title I of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) for purposes of section 26 of such Act (42
U.S.C. 1437x) and shall be subject to the regulations
implementing such section;
(6) $35,000,000 shall be for competitive grants to public
housing agencies for activities authorized under the Healthy
Homes Initiative, pursuant to sections 501 and 502 of the
[[Page 134 STAT. 1875]]
Housing and Urban Development Act of 1970, which shall include
research, studies, testing, and demonstration efforts, including
education and outreach concerning mold, radon, carbon monoxide
poisoning, and other housing-related diseases and hazards;
(7) <<NOTE: Determination.>> $15,000,000 shall be to
support the costs of administrative and judicial receiverships
and for competitive grants to PHAs in receivership, designated
troubled or substandard, or otherwise at risk, as determined by
the Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title;
(8) $23,000,000 shall be to support ongoing public housing
financial and physical assessment activities; and
(9) $4,000,000 shall be for a radon testing and mitigation
resident safety demonstration program (the radon demonstration)
in public housing: Provided, That the testing method,
mitigation method, or action level used under the radon
demonstration shall be as specified by applicable State or local
law, if such law is more protective of human health or the
environment than the method or level specified by the Secretary:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2021, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That <<NOTE: Definition.>> for purposes of such
section 9(j), the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will result in
outlays, immediately or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $200,000,000, to remain available until September 30, 2023:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be for public
housing notwithstanding section 3(b)(1) of such Act: Provided further,
That <<NOTE: Time period. Determination.>> grantees shall commit to an
additional period of affordability determined by the Secretary of not
fewer than 20 years: Provided further, That grantees shall provide a
match in State, local, other Federal or private funds: Provided
further, That grantees may include local governments, Tribal entities,
public housing agencies, and nonprofit organizations: Provided further,
That for-profit developers may
[[Page 134 STAT. 1876]]
apply jointly with a public entity: Provided further,
That <<NOTE: Regulations.>> for purposes of environmental review, a
grantee shall be treated as a public housing agency under section 26 of
the United States Housing Act of 1937 (42 U.S.C. 1437x), and grants made
with amounts available under this heading shall be subject to the
regulations issued by the Secretary to implement such section: Provided
further, That of the amount provided under this heading, not less than
$100,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations, including assisted housing owners, service agencies, and
resident organizations: Provided further,
That <<NOTE: Consultation. Coordination.>> the Secretary shall consult
with the Secretaries of Education, Labor, Transportation, Health and
Human Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That
not more than $5,000,000 of funds made available under this heading may
be provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
may be used for purposes under this heading, notwithstanding the
purposes for which such amounts were appropriated: Provided further,
That <<NOTE: Grants. Deadline. Determination.>> the Secretary shall
make grant awards not later than 1 year after the date of enactment of
this Act in such amounts that the Secretary determines: Provided
further, That notwithstanding section 24(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until September 30,
2023, obligate any available unobligated balances made available under
this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2024, $155,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $105,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That <<NOTE: Federal Register,
publication. Notice. Waiver. Requirements. Determination.>> the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under subsections (b)(3), (b)(4),
(b)(5), or (c)(1) of section 23 of such Act in order to
facilitate the operation of a unified self-sufficiency program
for individuals receiving assistance under different provisions
of such Act, as determined by the Secretary: Provided further,
That <<NOTE: Procedures.>> owners or sponsors of a multifamily
property receiving project-based rental assistance under section
8 of such Act may voluntarily make a Family Self-Sufficiency
program available to the assisted tenants of such property in
accordance with procedures established by the Secretary:
Provided further, That such procedures established pursuant to
the previous
[[Page 134 STAT. 1877]]
proviso shall permit participating tenants to accrue escrow
funds in accordance with section 23(d)(2) of such Act and shall
allow owners to use funding from residual receipt accounts to
hire coordinators for their own Family Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
after the Jobs-Plus demonstration: Provided,
That <<NOTE: Grants.>> funding provided under this paragraph
shall be available for competitive grants to partnerships
between public housing authorities, local workforce investment
boards established under section 107 of the Workforce Innovation
and Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to provide
services to residents, partner with workforce investment boards,
and leverage service dollars: Provided further,
That <<NOTE: Waivers. Requirements.>> the Secretary may allow
public housing agencies to request exemptions from rent and
income limitation requirements under sections 3 and 6 of the
United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as
necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided
further, That <<NOTE: Notice. Federal Register,
publication. Deadline.>> the Secretary shall publish by notice
in the Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days before
the effective date of such notice.
native american programs
For activities and assistance authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996 (NAHASDA)
(25 U.S.C. 4111 et seq.), title I of the Housing and Community
Development Act of 1974 with respect to Indian tribes (42 U.S.C.
5306(a)(1)), and related training and technical assistance,
$825,000,000, to remain available until September 30, 2025: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $647,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided,
That, <<NOTE: Determination. Applicability.>> notwithstanding
NAHASDA, to determine the amount of the allocation under title I
of such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of NAHASDA with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further,
That <<NOTE: Notification. Deadline.>> the Secretary will
[[Page 134 STAT. 1878]]
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act;
(2) $100,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate this additional amount for competitive
grants to eligible recipients authorized under NAHASDA that
apply for funds: Provided further, That <<NOTE: Priority.>> in
awarding this additional amount, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That a grant funded pursuant to this
paragraph shall be in an amount not less than $500,000 and not
greater than $10,000,000: Provided further, That any funds
transferred for the necessary costs of administering and
overseeing the obligation and expenditure of such additional
amounts in prior Acts may also be used for the necessary costs
of administering and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That for fiscal year 2021 funds made
available in this Act for the cost of guaranteed notes and other
obligations and any unobligated balances, including recaptures
and carryover, remaining from amounts appropriated for this
purpose under this heading or under the heading ``Native
American Housing Block Grants'' in prior Acts are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $45,649,452;
(4) $70,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development Block
Grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), up to $4,000,000 may be
used for emergencies that constitute imminent threats to health
and safety: Provided, That not to exceed 20 percent of any
grant made with funds appropriated under this paragraph shall be
expended for planning and management development and
administration; and
(5) $7,000,000 shall be available for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, contract
expertise, and for training and technical assistance related to
funding provided under this heading and other headings under
this Act for the needs of Native American families and Indian
country: Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available for a
national organization as authorized under section 703 of NAHASDA
(25 U.S.C. 4212): Provided further,
That <<NOTE: Determination.>> amounts made available under this
paragraph may be used, contracted, or competed as determined by
the Secretary: Provided further, That <<NOTE: Contracts.>>
notwithstanding the provisions of the Federal Grant and
Cooperative
[[Page 134 STAT. 1879]]
Agreements Act of 1977 (31 U.S.C. 6301-6308), the amounts made
available under this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of negotiated
rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section 302 of
NAHASDA (25 U.S.C. 4152), and the administration of performance
tracking and reporting under section 407 of NAHASDA (25 U.S.C.
4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$1,500,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That an additional $500,000, to remain available until
expended, shall be available for administrative contract expenses
including management processes to carry out the loan guarantee program:
Provided further, That for fiscal year 2021 funds made available in this
and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, are available to subsidize total loan principal, any part of
which is to be guaranteed, up to $1,000,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $2,000,000, to
remain available until September 30, 2025: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $430,000,000, to remain available until September 30,
2022, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2023: Provided,
That <<NOTE: Contracts.>> the Secretary shall renew or replace all
expiring contracts for permanent supportive housing that initially were
funded under section 854(c)(5) of such Act from funds made available
under this heading in fiscal year 2010 and prior fiscal years that meet
all program requirements before
[[Page 134 STAT. 1880]]
awarding funds for new contracts under such section: Provided further,
That <<NOTE: Notice.>> the process for submitting amendments and
approving replacement contracts shall be established by the Secretary in
a notice: Provided further, That <<NOTE: Notification. Deadline.>> the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development fund
For carrying out the community development block grant program under
title I of the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.) (in this heading ``the Act''), $3,475,000,000,
to remain available until September 30, 2023, unless otherwise
specified: Provided, That <<NOTE: Grants.>> unless explicitly provided
for under this heading, not to exceed 20 percent of any grant made with
funds made available under this heading shall be expended for planning
and management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion of
such funds to another such entity in exchange for any other funds,
credits, or non-Federal considerations, but shall use such funds for
activities eligible under title I of the Act: Provided further,
That <<NOTE: Evaluation.>> notwithstanding section 105(e)(1) of the
Act, no funds made available under this heading may be provided to a
for-profit entity for an economic development project under section
105(a)(17) unless such project has been evaluated and selected in
accordance with guidelines required under subsection (e)(2) of section
105: Provided further, That of the total amount provided under this
heading, $25,000,000 shall be for activities authorized under section
8071 of the SUPPORT for Patients and Communities Act (Public Law 115-
271): Provided further, That the funds allocated pursuant to the
preceding proviso shall not adversely affect the amount of any formula
assistance received by a State under this heading: Provided further,
That <<NOTE: Allocation.>> the Secretary shall allocate the funds for
such activities based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that the formula shall
use age-adjusted rates of drug overdose deaths for 2018 based on data
from the Centers for Disease Control and Prevention: Provided further,
That <<NOTE: Notification. Deadline.>> the Department of Housing and
Urban Development shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2021, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That <<NOTE: Fees.>> the Secretary shall
collect fees from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for guaranteeing
such loans, and any such fees shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment
[[Page 134 STAT. 1881]]
authority funded by fees may be used to guarantee, or make commitments
to guarantee, notes or other obligations issued by any State on behalf
of non-entitlement communities in the State in accordance with the
requirements of such section 108: Provided further,
That <<NOTE: Distribution.>> any State receiving such a guarantee or
commitment under the preceding proviso shall distribute all funds
subject to such guarantee to the units of general local government in
nonentitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,350,000,000, to remain available
until September 30, 2024: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction requirements
in sections 216(10) and 217(b)(4) of such Act shall not apply to
allocations of such amount: Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall notify
grantees of their formula allocations within 60 days after enactment of
this Act: Provided further, That section 218(g) of such Act (42 U.S.C.
12748(g)) shall not apply with respect to the right of a jurisdiction to
draw funds from its HOME Investment Trust Fund that otherwise expired or
would expire in 2016, 2017, 2018, 2019, 2020, 2021, 2022, or 2023 under
that section: Provided further, That section 231(b) of such Act (42
U.S.C. 12771(b)) shall not apply to any uninvested funds that otherwise
were deducted or would be deducted from the line of credit in the
participating jurisdiction's HOME Investment Trust Fund in 2018, 2019,
2020, 2021, 2022, or 2023 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996 (42 U.S.C. 12805 note), $60,000,000, to remain available
until September 30, 2023: Provided, That of the total amount made
available under this heading, $10,000,000 shall be for the Self-Help
Homeownership Opportunity Program as authorized under such section 11:
Provided further, That of the total amount made available under this
heading, $41,000,000 shall be for the second, third, and fourth capacity
building entities specified in section 4(a) of the HUD Demonstration Act
of 1993 (42 U.S.C. 9816 note), of which not less than $5,000,000 shall
be for rural capacity building activities: Provided further, That of
the total amount made available under this heading, $5,000,000 shall be
for capacity building by national rural housing organizations having
experience assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofit organizations, local governments, and Indian Tribes serving
high need rural communities: Provided further, That of the total amount
provided under this heading, $4,000,000, shall be made available for a
program to rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of Public Law 113-291:
Provided further, That <<NOTE: Deadlines.>> the issuance of a Notice of
Funding Availability for the funds provided under the previous proviso
shall be completed within
[[Page 134 STAT. 1882]]
120 days of enactment of this Act and such funds shall be awarded within
180 days of such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,000,000,000, to remain
available until September 30, 2023: Provided, That of the amounts made
available under this heading--
(1) not less than $290,000,000 shall be for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall
notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts
allocated) for the Emergency Solutions Grant program not later
than 60 days after enactment of this Act;
(2) not less than $2,569,000,000 shall be for the Continuum
of Care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the Rural Housing Stability Assistance
programs authorized under subtitle D of such title IV (42 U.S.C.
11408): Provided further, That <<NOTE: Priority.>> the
Secretary shall prioritize funding under the Continuum of Care
program to continuums of care that have demonstrated a capacity
to reallocate funding from lower performing projects to higher
performing projects: Provided further,
That <<NOTE: Incentives.>> the Secretary shall provide
incentives to create projects that coordinate with housing
providers and healthcare organizations to provide permanent
supportive housing and rapid re-housing services: Provided
further, That amounts made available for the Continuum of Care
program under this heading in this Act and any remaining
unobligated balances from prior Acts may be used to
competitively or non-competitively renew or replace grants for
youth homeless demonstration projects under the Continuum of
Care program, notwithstanding any conflict with the requirements
of the Continuum of Care program;
(3) up to $52,000,000 shall be for grants for rapid re-
housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary
determines to be critical in order to assist survivors of
domestic violence, dating violence, sexual assault, or stalking,
except that the Secretary may make additional grants for such
projects and purposes from amounts made available for such
Continuum of Care program: Provided further, That such projects
shall be eligible for renewal under the Continuum of Care
program subject to the same terms and conditions as other
renewal applicants;
(4) up to $7,000,000 shall be for the national homeless data
analysis project: Provided further,
That <<NOTE: Contracts. Determination.>> notwithstanding the
provisions of the Federal Grant and Cooperative Agreements Act
of 1977 (31 U.S.C. 6301-6308), the amounts made available under
this paragraph and any remaining unobligated balances under this
heading for such purposes in prior Acts may be used by the
Secretary to enter into cooperative agreements with such
entities as may be determined by the Secretary, including public
and private organizations, agencies, and institutions; and
[[Page 134 STAT. 1883]]
(5) <<NOTE: Priority.>> up to $82,000,000 shall be to
implement projects to demonstrate how a comprehensive approach
to serving homeless youth, age 24 and under, in up to 25
communities with a priority for communities with substantial
rural populations in up to eight locations, can dramatically
reduce youth homelessness: Provided further, That of the amount
made available under this paragraph, up to $10,000,000 shall be
to provide technical assistance on improving system responses to
youth homelessness, and collection, analysis, use, and reporting
of data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That the Secretary may use
up to 10 percent of the amount made available under the previous
proviso to build the capacity of current technical assistance
providers or to train new technical assistance providers with
verifiable prior experience with systems and programs for youth
experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or (b)
of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302) to receive services: Provided further, That <<NOTE: Children,
youth, and families.>> unaccompanied youth aged 24 and under or
families headed by youth aged 24 and under who are living in unsafe
situations may be served by youth-serving providers funded under this
heading: Provided further, That persons eligible under section
103(a)(5) of the McKinney-Vento Homeless Assistance Act may be served by
any project funded under this heading to provide both transitional
housing and rapid re-housing: Provided further, That for all matching
funds requirements applicable to funds made available under this heading
for this fiscal year and prior fiscal years, a grantee may use (or could
have used) as a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was) a specific
statutory prohibition on any such use of any such funds: Provided
further, That <<NOTE: Determination.>> none of the funds made available
under this heading shall be available to provide funding for new
projects, except for projects created through reallocation, unless the
Secretary determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided further,
That <<NOTE: Time period.>> any unobligated amounts remaining from
funds made available under this heading in fiscal year 2012 and prior
years for project-based rental assistance for rehabilitation projects
with 10-year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were appropriated:
Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under
this heading in fiscal year 2019 or prior years, except for rental
assistance amounts that were recaptured and made available until
expended, shall be available for the current purposes authorized under
this heading in addition to the purposes for which such funds originally
were appropriated.
[[Page 134 STAT. 1884]]
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
$13,065,000,000, to remain available until expended, shall be available
on October 1, 2020 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2020),
and $400,000,000, to remain available until expended, shall be available
on October 1, 2021: Provided, That <<NOTE: Contracts.>> the amounts
made available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for amendments to section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and assistance funded
under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $350,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the previous
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans
under section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667): Provided further, That amounts recaptured under this
heading, the heading ``Annual Contributions for Assisted Housing'', or
the heading ``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which such
amounts were appropriated: Provided further,
That, <<NOTE: Determination.>> notwithstanding any other provision of
law, upon the request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that authorizes the
Department or a housing finance agency to require that surplus project
funds be deposited in an interest-bearing residual receipts account and
that are in excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
[[Page 134 STAT. 1885]]
to be available until expended: Provided further, That amounts
deposited pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for uses
authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 5-year term, for senior
preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $855,000,000 to remain available
until September 30, 2024: Provided, That of the amount made available
under this heading, up to $125,000,000 shall be for service coordinators
and the continuation of existing congregate service grants for residents
of assisted housing projects: Provided further, That amounts made
available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further,
That <<NOTE: Waiver authority. Time period.>> the Secretary may waive
the provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided further,
That <<NOTE: Determination.>> upon request of the Secretary, project
funds that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract, and that
upon termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2024:
Provided further, That amounts deposited in this account pursuant to
the previous proviso shall be available, in addition to the amounts
otherwise provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be available for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided further, That
of the total amount made available under this heading, up to $14,000,000
shall be used by the Secretary to continue demonstration programs to
test housing with services models for the elderly that demonstrate the
potential to delay or avoid the need for nursing home care: Provided
further, That of the total amount made available under this heading, up
to $5,000,000 shall be used to expand the supply of intergenerational
dwelling units (as such term is defined in section 202 of the Legacy Act
of 2003 (12 U.S.C. 1701q note)) for elderly caregivers raising children.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
[[Page 134 STAT. 1886]]
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section 811(d)(2)
of such Act, for project assistance contracts pursuant to subsection (h)
of section 202 of the Housing Act of 1959, as added by section 205(a) of
the Housing and Community Development Amendments of 1978 (Public Law 95-
557: 92 Stat. 2090), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, for project rental assistance to State housing finance
agencies and other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and
for supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act,
$227,000,000, to remain available until September 30, 2024: Provided,
That amounts made available under this heading shall be available for
Real Estate Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided further,
That, <<NOTE: Contracts. Determination.>> upon the request of the
Secretary, project funds that are held in residual receipts accounts for
any project subject to a section 811 project rental assistance contract,
and that upon termination of such contract are in excess of an amount to
be determined by the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2024:
Provided further, That amounts deposited in this account pursuant to
the previous proviso shall be available in addition to the amounts
otherwise provided by this heading for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for the current purposes
authorized under this heading in addition to the purposes for which such
funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $57,500,000, to remain available until September 30,
2022, including up to $4,500,000 for administrative contract services:
Provided, That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with respect to
property maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That <<NOTE: Contracts.>> for purposes of providing such grants from
amounts provided under this heading, the Secretary may enter into
multiyear agreements, as appropriate, subject to the availability of
annual appropriations: Provided further, That an additional $20,000,000
(not subject to such section 106), to remain available until September
30, 2023, shall be for competitive grants to nonprofit or governmental
entities to provide legal assistance (including assistance related to
pretrial activities, trial activities, post-trial activities and
alternative dispute resolution) at no cost to eligible low-income
tenants at risk of or subject to eviction: Provided further, That in
awarding grants under the
[[Page 134 STAT. 1887]]
preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high rates
of eviction, have experience providing no-cost legal assistance to low-
income individuals, including those with limited English proficiency or
disabilities, and have sufficient capacity to administer such
assistance: Provided further, That <<NOTE: Urban and rural areas.>>
the Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will receive
legal assistance with grant funds made available under this heading is
not less than the overall proportion of eligible tenants who live in
rural areas.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $13,000,000, to remain available until expended, of which
$13,000,000 shall be derived from the Manufactured Housing Fees Trust
Fund (established under section 620(e) of such Act (42 U.S.C. 5419(e)):
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading from
the general fund shall be reduced as such collections are received
during fiscal year 2021 so as to result in a final fiscal year 2021
appropriation from the general fund estimated at zero, and fees pursuant
to such section 620 shall be modified as necessary to ensure such a
final fiscal year 2021 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary may assess
and collect fees from any program participant: Provided further, That
such collections shall be deposited into the Trust Fund, and the
Secretary, as provided herein, may use such collections, as well as fees
collected under section 620 of such Act, for necessary expenses of such
Act: Provided further, That, notwithstanding the requirements of
section 620 of such Act, the Secretary may carry out responsibilities of
the Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2022: Provided, That during fiscal
year 2021, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available until
September 30, 2022: Provided further, That <<NOTE: Deadline.>> to the
extent guaranteed loan commitments exceed $200,000,000,000 on or before
[[Page 134 STAT. 1888]]
April 1, 2021, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2021 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until September 30, 2022: Provided,
That during fiscal year 2021, gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing Act, shall not exceed $1,000,000, which
shall be for loans to nonprofit and governmental entities in connection
with the sale of single family real properties owned by the Secretary
and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $1,300,000,000,000, to remain available until September
30, 2022: Provided, That $33,500,000, to remain available until
September 30, 2022, shall be for necessary salaries and expenses of the
Office of Government National Mortgage Association: Provided further,
That <<NOTE: Deadline.>> to the extent that guaranteed loan commitments
exceed $155,000,000,000 on or before April 1, 2021, an additional $100
for necessary salaries and expenses shall be available until expended
for each $1,000,000 in additional guaranteed loan commitments (including
a pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing
[[Page 134 STAT. 1889]]
and Urban Development under section 1(a)(1)(i) of Reorganization Plan
No. 2 of 1968, and for technical assistance, $105,000,000, to remain
available until September 30, 2022: Provided,
That <<NOTE: Contracts.>> with respect to amounts made available under
this heading, notwithstanding section 203 of this title, the Secretary
may enter into cooperative agreements with philanthropic entities, other
Federal agencies, State or local governments and their agencies, Indian
Tribes, tribally designated housing entities, or colleges or
universities for research projects: Provided further,
That <<NOTE: Contribution.>> with respect to the preceding proviso,
such partners to the cooperative agreements shall contribute at least a
50 percent match toward the cost of the project: Provided further,
That <<NOTE: Compliance.>> for non-competitive agreements entered into
in accordance with the preceding two provisos, the Secretary shall
comply with section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu of
compliance with section 102(a)(4)(C) of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided further,
That <<NOTE: Plan. Deadline.>> prior to obligation of technical
assistance funding, the Secretary shall submit a plan to the House and
Senate Committees on Appropriations on how the Secretary will allocate
funding for this activity at least 30 days prior to obligation:
Provided further, That none of the funds provided under this heading may
be available for the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $72,555,000, to remain
available until September 30, 2022: Provided, That <<NOTE: Fees.>>
notwithstanding section 3302 of title 31, United States Code, the
Secretary may assess and collect fees to cover the costs of the Fair
Housing Training Academy, and may use such funds to develop on-line
courses and provide such training: Provided further,
That <<NOTE: Lobbying.>> none of the funds made available under this
heading may be used to lobby the executive or legislative branches of
the Federal Government in connection with a specific contract, grant, or
loan: Provided further, That of the funds made available under this
heading, $350,000 shall be available to the Secretary for the creation
and promotion of translated materials and other programs that support
the assistance of persons with limited English proficiency in utilizing
the services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$360,000,000, to remain available until September
[[Page 134 STAT. 1890]]
30, 2023, of which $60,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies, testing,
and demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such Act,
a grant under the Healthy Homes Initiative, or the Lead Technical
Studies program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to be funds
for a special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further, That
not less than $95,000,000 of the amounts made available under this
heading for the award of grants pursuant to section 1011 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 shall be
provided to areas with the highest lead-based paint abatement needs:
Provided further, <<NOTE: Determination. Time period.>> That with
respect to obligated amounts appropriated under this heading in title II
of division G of the Consolidated Appropriations Act, 2019 (Public Law
116-6) for the implementation of projects to demonstrate how intensive,
extended, multi-year interventions can dramatically reduce the presence
of lead-based paint hazards in communities: (1) such projects may serve
more than four contiguous census tracts; (2) such projects shall allow
for enrollment of families and homes within the community beyond where
the initially targeted census tracts were located, provided that such
projects meet the highest lead-based paint abatement needs, as
determined by the Secretary; and (3) such projects may exceed 5 years in
duration, notwithstanding any inconsistent requirements: Provided
further, That of the amount made available for the Healthy Homes
Initiative, $5,000,000 shall be for the implementation of projects in up
to five communities that are served by both the Healthy Homes Initiative
and the Department of Energy weatherization programs to demonstrate
whether the coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better outcomes in
improving the safety and quality of homes: Provided
further, <<NOTE: Certification. Notice.>> That each applicant for a
grant or cooperative agreement under this heading shall certify adequate
capacity that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability: Provided
further, That of the amounts made available under this heading,
$10,000,000 shall be for a program established by the Secretary to make
grants to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly homeowners
to enable them to remain in their primary residence: Provided further,
That of the total amount made available under the previous proviso, no
less than $5,000,000 shall be available to meet such needs in
communities with substantial rural populations: Provided further, That
amounts made available under this heading, except for amounts in the
previous two provisos, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program
[[Page 134 STAT. 1891]]
competition is undersubscribed and there are other program competitions
under this heading that are oversubscribed: Provided further, That up
to $2,000,000 of the amounts made available under this heading may be
transferred to the heading ``Policy Development and Research'' for the
purposes of conducting research and studies and for use in accordance
with the provisos under that heading for non-competitive agreements.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-
specific information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific information
systems, and for program-related maintenance activities, $300,000,000,
of which $260,000,000 shall remain available until September 30, 2022,
and of which $40,000,000 shall remain available until September 30,
2024: Provided, That any amounts transferred to this Fund under this
Act shall remain available until expended: Provided further, That any
amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified under
this Fund, in addition to any other information technology purposes for
which such amounts were appropriated: Provided
further, <<NOTE: Performance plan.>> That not more than 10 percent of
the funds made available under this heading for development,
modernization, and enhancement may be obligated until the Secretary
submits a performance plan to the House and Senate Committees on
Appropriations for approval.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$135,514,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this
office: <<NOTE: Contracts. Audits. 42 USC 3550.>> Provided further,
That for this fiscal year and each fiscal year thereafter, subject to
appropriations for that purpose, the Office of Inspector General shall
procure and rely upon the services of an independent external auditor(s)
to audit the financial statements of the Department of Housing and Urban
Development, including the consolidated financial statement and the
financial statements of the Federal Housing Administration and the
Government National Mortgage Association: Provided further, That in
addition to amounts under this heading otherwise available for the
purposes specified in the previous proviso, $1,686,000 shall be
available only for such specified purposes.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described
[[Page 134 STAT. 1892]]
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded or in
the case of cash, shall be remitted to the Treasury, and such amounts of
budget authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement occurred
after January 1, 1992, in accordance with such section. Notwithstanding
the previous sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or remitted to the
Treasury to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
during fiscal year 2021 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2021 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
[[Page 134 STAT. 1893]]
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. <<NOTE: Time period. Reports. Budget.>> The Secretary
shall provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 208. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2021 and
2022, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-income
use restrictions if any, associated with one or more multifamily housing
project or projects to another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) <<NOTE: Determination.>> For unoccupied units
in the transferring project: The Secretary may authorize
a reduction in the number of dwelling units in the
receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided
there is no increase in the project-based assistance
budget authority.
(2) <<NOTE: Determination.>> The transferring project
shall, as determined by the Secretary, be either physically
obsolete or economically nonviable, or be reasonably expected to
become economically nonviable when complying with state or
Federal requirements for community integration and reduced
concentration of individuals with disabilities.
(3) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>>
The owner or mortgagor of the transferring project shall notify
and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
[[Page 134 STAT. 1894]]
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) <<NOTE: Waiver authority. Determination.>> If either
the transferring project or the receiving project or projects
meets the condition specified in subsection (d)(2)(A), any lien
on the receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-insured
mortgage lien transferred to, or placed on, such project by the
Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) <<NOTE: Records.>> If the transferring project meets
the requirements of subsection (d)(2), the owner or mortgagor of
the receiving project or projects shall execute and record
either a continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974(2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) <<NOTE: Definitions.>> For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section
[[Page 134 STAT. 1895]]
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) <<NOTE: Evaluation.>> Research Report.--The Secretary shall
conduct an evaluation of the transfer authority under this section,
including the effect of such transfers on the operational efficiency,
contract rents, physical and financial conditions, and long-term
preservation of the affected properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) <<NOTE: Determination.>> For purposes of determining the
eligibility of a person to receive assistance under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any other
required fees and charges) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
from an institution of higher education (as defined under section
[[Page 134 STAT. 1896]]
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be
considered income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 211. <<NOTE: Allocation. Eligibility.>> The funds made
available for Native Alaskans under paragraph (1) under the heading
``Native American Programs'' in title II of this Act shall be allocated
to the same Native Alaskan housing block grant recipients that received
funds in fiscal year 2005, and only such recipients shall be eligible to
apply for funds made available under paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2021, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. <<NOTE: Determination. Consultations.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government that such a multifamily property owned or having a mortgage
held by the Secretary is not feasible for continued rental assistance
payments under such section 8 or other programs, based on consideration
of (1) the costs of rehabilitating and operating the property and all
available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (``MAHRAA'') (42 U.S.C. 1437f note), and
(2) environmental conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or provide other
rental assistance. <<NOTE: Contracts. Notification.>> The Secretary
shall also take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other available
remedies, such as partial abatements or receivership. After disposition
of any multifamily property described in this section, the contract and
allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of a
reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. <<NOTE: 42 USC 1437g note.>> With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement, and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d),(e)), the Secretary shall not impose any requirement or
guideline relating to asset management that restricts or limits in any
way the use of capital funds for central office costs pursuant to
paragraph (1) or (2) of section 9(g) of the United States Housing
[[Page 134 STAT. 1897]]
Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for assistance with
amounts from the operating fund in excess of the amounts permitted under
paragraph (1) or (2) of section 9(g).
Sec. 215. <<NOTE: Determination.>> No official or employee of the
Department of Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial Officer has
determined that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures
and directives. The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. <<NOTE: Notification. Public information. Federal
Register, publication. Notices. 42 USC 3545a note.>> The Secretary
shall, for fiscal year 2021, notify the public through the Federal
Register and other means, as determined appropriate, of the issuance of
a notice of the availability of assistance or notice of funding
availability (NOFA) for any program or discretionary fund administered
by the Secretary that is to be competitively awarded. <<NOTE: Web
posting. Determination.>> Notwithstanding any other provision of law,
for fiscal year 2021, the Secretary may make the NOFA available only on
the Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as a
separate line item request.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings:
Provided, <<NOTE: Advance approval.>> That no appropriation for any
such office under such headings shall be increased or decreased by more
than 10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on
Appropriations: <<NOTE: Notification. Time period.>> Provided further,
That the Secretary shall provide notification to such Committees 3
business days in advance of any such transfers under this section up to
10 percent or $5,000,000, whichever is less.
Sec. 219. <<NOTE: Determination. Compliance.>> (a) Any entity
receiving housing assistance payments shall maintain decent, safe, and
sanitary conditions, as determined by the Secretary, and comply with any
standards under applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any property covered
under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
[[Page 134 STAT. 1898]]
(2) <<NOTE: Certification. Deadline.>> fails to certify in
writing to the Secretary within 3 days that all Exigent Health
and Safety deficiencies identified by the inspector at the
project have been corrected.
<<NOTE: Applicability.>> Such requirements shall apply to insured and
noninsured projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), but shall
not apply to such units assisted under section 8(o)(13) of such Act (42
U.S.C. 1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of 1937
(42 U.S.C. 1437g).
(c) <<NOTE: Deadline. Notice.>> (1) Within 15 days of the issuance
of the Real Estate Assessment Center (``REAC'') inspection, the
Secretary shall provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. <<NOTE: Records.>> The Secretary shall provide a copy of
the Notice of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with
a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) <<NOTE: Contracts. Notification.>> The Secretary shall take
appropriate steps to ensure that project-based contracts remain in
effect, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for major threats to health and safety
after written notice to the affected
tenants. <<NOTE: Determination. Consultation.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government, that the property is not feasible for continued rental
assistance payments
[[Page 134 STAT. 1899]]
under such section 8 or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) <<NOTE: Reports. Time periods.>> The Secretary shall report
quarterly on all properties covered by this section that are assessed
through the Real Estate Assessment Center and have UPCS physical
inspection scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months. The report
shall include--
(1) identification of the enforcement actions being taken to
address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of Housing
and Urban Development is taking to protect tenants of such
identified properties; and
(3) <<NOTE: Recommenda-tions.>> any administrative or
legislative recommendations to further improve the living
conditions at properties covered under a housing assistance
payment contract.
This report shall be submitted to the Senate and House Committees on
Appropriations not later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, including bonuses, for
the chief executive officer of which, or any other official or employee
of which, that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time during any
public housing agency fiscal year 2021.
Sec. 221. <<NOTE: Grant. Notification. Deadline.>> None of the
funds made available by this Act and provided to the Department of
Housing and Urban Development may be used to make a grant award unless
the Secretary notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State, locality,
housing authority, Tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the Department or its
offices.
Sec. 222. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 223. <<NOTE: Mortgages. Eminent domain.>> None of the funds
made available in this Act shall be used by the Federal Housing
Administration, the Government National Mortgage Association, or the
Department of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage backed
security that
[[Page 134 STAT. 1900]]
refinances or otherwise replaces a mortgage that has been subject to
eminent domain condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 224. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 225. Amounts made available by this Act that are appropriated,
allocated, advanced on a reimbursable basis, or transferred to the
Office of Policy Development and Research of the Department of Housing
and Urban Development and functions thereof, for research, evaluation,
or statistical purposes, and that are unexpended at the time of
completion of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which the amounts are
made available to that Office subject to reprogramming requirements in
section 405 of this Act.
Sec. 226. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban Development subject
to administrative discipline (including suspension from work), in this
fiscal year, but this prohibition shall not be effective prior to the
effective date of any such administrative discipline or after any final
decision over-turning such discipline.
Sec. 227. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2021 for
the Continuum of Care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 228. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) <<NOTE: Grants. Standards. Determination.>> In order to be
eligible to receive a transition grant, the funding recipient must have
the consent of the continuum of care and meet standards determined by
the Secretary.
Sec. 229. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 230. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 231. <<NOTE: Coordination.>> None of the funds made available
by this Act may be used to establish and apply review criteria,
including rating factors or preference points, for participation in or
coordination
[[Page 134 STAT. 1901]]
with EnVision Centers, in the evaluation, selection, and award of any
funds made available and requiring competitive selection under this Act,
except with respect to any such funds otherwise authorized for EnVision
Center purposes under this Act.
Sec. 232. <<NOTE: Contracts.>> None of the funds made available by
this or any prior Act may be used to require or enforce any changes to
the terms and conditions of the public housing annual contributions
contract between the Secretary and any public housing agency, as such
contract was in effect as of December 31, 2017, unless such changes are
mutually agreed upon by the Secretary and such agency: Provided, That
such agreement by an agency may be indicated only by a written amendment
to the terms and conditions containing the duly authorized signature of
its chief executive: Provided further, <<NOTE: Certification.>> That
the Secretary may not withhold funds to compel such agreement by an
agency which certifies to its compliance with its contract.
Sec. 233. <<NOTE: Determination.>> None of the amounts made
available in this Act may be used to consider Family Self-Sufficiency
performance measures or performance scores in determining funding awards
for programs receiving Family Self-Sufficiency program coordinator
funding provided in this Act.
Sec. 234. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds
(except for special purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under section 8
or 9 of the United States Housing Act of 1937, including any reserve
funds held by the public housing agency or funds held by the Department
of Housing and Urban Development, pursuant to the authority for use of
section 8 or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996 (Public
Law 104-134; 110 Stat. 1321-28), notwithstanding the purposes for which
such funds were appropriated.
Sec. 235. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such funds to carry
out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
Lead Safe Housing or Lead Disclosure Rules.
Sec. 236. <<NOTE: Rescissions.>> There are hereby rescinded, from
funds appropriated under the heading ``Department of Housing and Urban
Development--Housing Programs--Rental Housing Assistance''--
(1) all unobligated balances from recaptured amounts
appropriated prior to fiscal year 2006 from terminated contracts
under section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1(f)(2)), and any unobligated balances, including
recaptures and carryover, remaining from funds appropriated
under such heading after fiscal year 2005; and
(2) any funds remaining from amounts appropriated under such
heading in the prior fiscal year.
[[Page 134 STAT. 1902]]
Sec. 237. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 238. <<NOTE: Deadline. Rescission.>> No later than September
30, 2021, the remaining unobligated balances of funds made available for
the youth homelessness demonstration under the heading ``Department of
Housing and Urban Development--Community Planning and Development--
Homeless Assistance Grants'' in the Consolidated Appropriations Act,
2019 (Public Law 116-6) are hereby permanently rescinded, and an amount
of additional new budget authority equivalent to the amount rescinded is
hereby appropriated, to remain available until September 30, 2022, in
addition to other funds as may be available for such purposes, and shall
be available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2019 youth homelessness
demonstration.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2021''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,200,000: Provided, That, notwithstanding any other provision of law,
there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936 (46 U.S.C.
307), including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as authorized by
section 1343(b) of title 31, United States Code; and uniforms or
allowances therefore, as authorized by sections 5901 and 5902 of title
5, United States Code, $30,300,000: Provided, That not to exceed $3,500
shall be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3),
[[Page 134 STAT. 1903]]
$25,274,000: Provided, <<NOTE: Fraud.>> That the Inspector General
shall have all necessary authority, in carrying out the duties specified
in such Act, to investigate allegations of fraud, including false
statements to the Government under section 1001 of title 18, United
States Code, by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided
further, <<NOTE: Contracts.>> That the Inspector General may enter into
contracts and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons, subject to
the applicable laws and regulations that govern the obtaining of such
services within the National Railroad Passenger Corporation: Provided
further, That the Inspector General may select, appoint, and employ such
officers and employees as may be necessary for carrying out the
functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the National Railroad
Passenger Corporation: Provided further, <<NOTE: Budget request.>>
That concurrent with the President's budget request for fiscal year
2022, the Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year 2022 in
similar format and substance to budget requests submitted by executive
agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$118,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses: Provided, That the amounts made
available to the National Transportation Safety Board in this Act
include amounts necessary to make lease payments on an obligation
incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $163,000,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That an additional $2,000,000, to remain available until
September 30, 2024, shall be for the promotion and development of shared
equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $37,500,000: Provided, That, notwithstanding any
[[Page 134 STAT. 1904]]
other provision of law, not to exceed $1,250,000 from fees established
by the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary and
authorized expenses under this heading: Provided further, That the
amounts made available under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2021, to result in a final appropriation
from the general fund estimated at not more than $36,250,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $3,800,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. <<NOTE: Contracts.>> The expenditure of any
appropriation under this Act for any consulting service through a
procurement contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
[[Page 134 STAT. 1905]]
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2021, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, <<NOTE: Reports.>> That not later
than 60 days after the date of enactment of this Act, each
agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) <<NOTE: Applicability.>> a delineation in the
table for each appropriation and its respective prior
year enacted level by object class and program, project,
and activity as detailed in this Act, the table
accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House and
Senate Committee on Appropriations, or in the budget
appendix for the respective appropriations, whichever is
more detailed, and shall apply to all items for which a
dollar amount is specified and to all programs for which
new budget (obligational) authority is provided, as well
as to discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
[[Page 134 STAT. 1906]]
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2021 from appropriations made available for salaries and
expenses for fiscal year 2021 in this Act, shall remain available
through September 30, 2022, for each such account for the purposes
authorized: Provided, <<NOTE: Advance approval. Expenditure
requests.>> That a request shall be submitted to the House and Senate
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines under section 405 of this Act.
Sec. 407. <<NOTE: Eminent domain.>> No funds in this Act may be
used to support any Federal, State, or local projects that seek to use
the power of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. <<NOTE: Deadline. Time period. Certification.>> No part
of any appropriation contained in this Act shall be available to pay the
salary for any person filling a position, other than a temporary
position, formerly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90 days after
his or her release from such service or from hospitalization continuing
after discharge for a period of not more than 1 year, made application
for restoration to his or her former position and has been certified by
the Office of Personnel Management as still qualified to perform the
duties of his or her former position and has not been restored thereto.
Sec. 410. <<NOTE: Compliance.>> No funds appropriated pursuant to
this Act may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as
the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
[[Page 134 STAT. 1907]]
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the U.S.-
E.U.-Iceland-Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. <<NOTE: Reports. Time period.>> None of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees of a single agency or department of
the United States Government, who are stationed in the United States, at
any single international conference unless the relevant Secretary
reports to the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, <<NOTE: Definition.>> That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation Board
to charge or collect any filing fee for rate or practice complaints
filed with the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of title 28,
United States Code.
Sec. 416. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 417. <<NOTE: Records.>> (a) None of the funds made available
in this Act may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
[[Page 134 STAT. 1908]]
(d) <<NOTE: Reports.>> Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any failures to
comply with this requirement.
Sec. 418. <<NOTE: Contracts. Determination.>> None of the funds
appropriated or otherwise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program unless such awards or
incentive fees are consistent with 16.401(e)(2) of the Federal
Acquisition Regulations.
Sec. 419. <<NOTE: Renewals. Time period.>> In allocating and
awarding available amounts provided under the heading ``Homeless
Assistance Grants'' in the Department of Housing and Urban Development
Appropriations Act, 2020 (Public Law 116-94), the same heading for
fiscal year 2019 (Public Law 116-6), and section 231 of Public Law 116-
94 for the Continuum of Care program, the Secretary of Housing and Urban
Development shall renew for one 12-month period, without additional
competition, all projects with existing grants expiring during calendar
year 2021, including youth homeless demonstration projects and shelter
plus care projects expiring during calendar year 2021, notwithstanding
any inconsistent provisions in such Acts or in subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act, as amended:
Provided, <<NOTE: Renewals.>> That Continuum of Care planning and
Unified Funding Agency awards expiring in calendar year 2021 may also be
renewed and that the Continuum of Care may designate a new collaborative
applicant to receive the award in accordance with the existing process
established by the Secretary: Provided
further, <<NOTE: Notice. List.>> That the Secretary shall publish a
Notice that identifies and lists all projects and awards eligible for
such noncompetitive renewal, prescribes the format and process by which
the projects and awards from the list will be renewed, makes adjustments
to the renewal amount based on changes to the Fair Market Rent, and
establishes a maximum amount for the renewal of planning and Unified
Funding Agency awards notwithstanding the requirement that such maximum
amount be established in a Notice of Funding Availability.
Sec. 420. Of the amounts made available by this Act for fiscal year
2021 under the heading ``Department of Housing and Urban Development--
Public and Indian Housing--Tenant-Based Rental Assistance'' and
specified in the first paragraph of such heading, $695,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 421. In addition to funds provided to the ``Payments to Air
Carriers'' program in Public Law 116-94, Public Law 116-136, and this
Act to carry out the essential air service program under section 41731
through 41742 of title 49, United States Code, $23,332,000 to be derived
from the Treasury, and to be made available to the Essential Air Service
and Rural Improvement Fund, to prevent, prepare for, and respond to
coronavirus, including to offset the loss resulting from the coronavirus
pandemic of the mandatory overflight fees collected pursuant to section
45301 of
[[Page 134 STAT. 1909]]
title 49, United States Code: Provided, That, notwithstanding section
41733 of title 49, United States Code, for each of fiscal years 2020 and
2021, the requirements established under subparagraphs (B) and (C) of
section 41731(a)(1) of title 49, United States Code, and the subsidy cap
established by section 332 of the Department of Transportation and
Related Agencies Appropriations Act, 2000, shall not apply to maintain
eligibility under section 417831 of title 49, United States Code:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 422. Section 47114(c)(1) of title 49, United States Code, is
amended by adding at the end the following:
``(J) <<NOTE: Apportionment. Time periods.>>
Special rule for fiscal years 2022 and 2023.--
Notwithstanding subparagraph (A) and the absence of
scheduled passenger aircraft service at an airport, the
Secretary shall apportion in fiscal years 2022 and 2023
to the sponsor of the airport an amount based on the
number of passenger boardings at the airport during
whichever of the following years that would result in
the highest apportioned amount:
``(i) Calendar year 2018.
``(ii) Calendar year 2019.
``(iii) The prior full calendar year prior to
the current fiscal year.''.
Sec. 423. Notwithstanding section 47124(d)(1)(B) of title 49,
United States Code, the Secretary of Transportation shall not calculate
a benefit-to-cost ratio with respect to an air traffic control tower
participating in the Contract Tower Program on the basis of an annual
aircraft traffic decrease in fiscal years 2020 and 2021.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2021''.
DIVISION M <<NOTE: Coronavirus Response and Relief
Supplemental Appropriations Act, 2021.>> --CORONAVIRUS RESPONSE AND
RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'',
$300,000,000 to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall only be for activities authorized under
section 12005 of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136): Provided, That the amount provided under this
heading in this Act shall only be allocated to States of the United
States bordering the Atlantic, Pacific, or Arctic Ocean, the Gulf of
Mexico, or the Great Lakes, as well as Puerto Rico, the United States
Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands,
American Samoa, and federally recognized Tribes in any of the Nation's
coastal States and territories,
[[Page 134 STAT. 1910]]
and federally recognized Tribes in any of the Nation's Great Lakes
States with fisheries on the Tribe's reservation or ceded or usual and
accustomed territory: Provided further, That each State and territory
in the preceding proviso, except those States only bordering the Great
Lakes, shall receive an amount equal to not less than 1 percent of the
amount provided under this heading in this Act and not greater than,
from amounts provided under either section 12005 of Public Law 116-136
or amounts provided under this heading in this Act, that State or
territory's total annual average revenue from commercial fishing
operations, aquaculture firms, the seafood supply chain, and charter
fishing businesses: Provided further, That of the funds provided under
this heading in this Act, $30,000,000 shall be for coronavirus related
fishing impacts for Tribal fishery participants referenced in the first
proviso: Provided further, <<NOTE: Consultation. Disbursement.>> That
the National Oceanic and Atmospheric Administration, in consultation
with Tribes referenced in the first proviso, shall develop an
application and distribution process to disburse funds to all eligible
impacted Tribes in a manner that takes into account economic,
subsistence, and ceremonial impacts to Tribes and that ensures timely
distribution of funds: Provided further, That of the funds provided
under this heading in this Act, $15,000,000 shall be for all coronavirus
related fishing impacts to non-tribal commercial, aquaculture,
processor, and charter fishery participants in States of the United
States bordering the Great Lakes: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
For an additional amount for ``Federal Emergency Management Agency--
Disaster Relief Fund'', $2,000,000,000, to remain available until
expended, to carry out the purposes of section 201 of this title:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
Sec. 201. <<NOTE: President Funeral expenses. Time period.>> (a)
For the emergency declaration issued by the President on March 13, 2020,
pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)), and for any subsequent
major disaster declaration under section 401 of such Act (42 U.S.C.
5170) that supersedes such emergency declaration, the President shall
provide financial assistance to an individual or household to meet
disaster-related funeral expenses under section 408(e)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
[[Page 134 STAT. 1911]]
5174(e)(1)), for such expenses incurred through December 31, 2020, for
which the Federal cost share shall be 100 percent.
(b) Nothing in this section shall be construed to otherwise limit
the authorities of the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
TITLE III
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $55,000,000,
to remain available until expended, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, of which $9,000,000
shall be for the development of necessary medical countermeasures and
vaccines, $30,500,000 shall be for advanced manufacturing for medical
products, $1,500,000 shall be for the monitoring of medical product
supply chains, $7,600,000 shall be for other public health research and
response investments, $1,400,000 shall be for data management operation
tools, and $5,000,000 shall be for after action review activities:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $8,750,000,000, to remain available until September 30, 2024,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, <<NOTE: Vaccines.>> That amounts
appropriated under this heading in this Act shall be for activities to
plan, prepare for, promote, distribute, administer, monitor, and track
coronavirus vaccines to ensure broad-based distribution, access, and
vaccine coverage: Provided further, That of the amount appropriated
under this heading in this Act, not less than $4,500,000,000 shall be
for States, localities, territories, tribes, tribal organizations, urban
Indian health organizations, or health service providers to tribes:
Provided further, That of the amount in the preceding proviso,
$210,000,000, shall be transferred to the ``Department of Health and
Human Services--Indian Health Service--Indian Health Services'' to be
allocated at the discretion of the Director of the Indian Health Service
and distributed through Indian Health Service directly operated programs
and to tribes and tribal organizations under the Indian Self-
Determination and Education Assistance Act and through contracts or
grants with urban Indian organizations under title V of the Indian
Health Care Improvement Act: Provided further, That the amount
transferred to tribes and tribal organizations under the Indian Self-
Determination and Education Assistance Act in the preceding proviso
shall be transferred on a one-
[[Page 134 STAT. 1912]]
time, non-recurring basis, is not part of the amount required by 25
U.S.C. 5325, and may only be used for the purposes identified under this
heading in this Act, notwithstanding any other provision of law:
Provided further, <<NOTE: Allocation.>> That the amounts identified in
the second proviso under this heading in this Act, except for the
amounts transferred pursuant to the third proviso under this heading in
this Act, shall be allocated to States, localities, and territories
according to the formula that applied to the Public Health Emergency
Preparedness cooperative agreement in fiscal year 2020: Provided
further, <<NOTE: Deadline.>> That of the amounts identified in the
second proviso under this heading in this Act, except for the amounts
transferred pursuant to the third proviso under this heading in this
Act, not less than $1,000,000,000 shall be made available within 21 days
of the date of enactment of this Act: Provided further, That of the
amounts identified in the second proviso under this heading in this Act,
except for the amounts transferred pursuant to the third proviso under
this heading in this Act, not less than $300,000,000 shall be for high-
risk and underserved populations, including racial and ethnic minority
populations and rural communities: Provided further, <<NOTE: Vaccine
strategy. Spend plan. Deadline.>> That the Director of the Centers for
Disease Control and Prevention (``CDC'') may satisfy the funding
thresholds outlined in the second, fifth, sixth, and seventh provisos by
making awards through other grant or cooperative agreement mechanisms:
Provided further, That amounts appropriated under this heading in this
Act may be used to restore, either directly or through reimbursement,
obligations incurred for coronavirus vaccine promotion, preparedness,
tracking, and distribution prior to the enactment of this Act: Provided
further, That the Director of the CDC shall provide an updated and
comprehensive coronavirus vaccine distribution strategy and a spend
plan, to include funds already allocated for distribution, to the
Committees on Appropriations of the House of Representatives and the
Senate and the Committee on Energy and Commerce of the House of
Representatives and Committee on Health, Education, Labor, and Pensions
of the Senate within 30 days of enactment of this Act: Provided
further, That such strategy and plan shall include how existing
infrastructure will be leveraged, enhancements or new infrastructure
that may be built, considerations for moving and storing vaccines,
guidance for how States, localities, territories, tribes, tribal
organizations, urban Indian health organizations, or health service
providers to tribes, and health care providers should prepare for,
store, and administer vaccines, nationwide vaccination targets, funding
that will be distributed to States, localities, and territories, how an
informational campaign to inform both the public and health care
providers will be executed, and how the strategy and plan will focus
efforts on high-risk and underserved populations, including racial and
ethnic minority populations: Provided
further, <<NOTE: Updates. Deadline. Time period.>> That such strategy
and plan shall be updated and provided to the Committees on
Appropriations of the House of Representatives and the Senate and the
Committee on Energy and Commerce of the House of Representatives and
Committee on Health, Education, Labor, and Pensions of the Senate every
90 days through the end of the fiscal year: Provided
further, <<NOTE: Grants.>> That amounts appropriated under this heading
in this Act may be used for grants for the construction, alteration, or
renovation of non-Federally owned facilities to improve preparedness and
response capability at the State and local level: Provided further,
That such amount is designated by the Congress
[[Page 134 STAT. 1913]]
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
National Institutes of Health
Office of the Director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$1,250,000,000, to remain available until September 30, 2024, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That of the amount appropriated under this
heading in this Act, $1,150,000,000 shall be provided for research and
clinical trials related to long-term studies of COVID-19: Provided
further, That of the amount appropriated under this heading in this Act,
no less than $100,000,000 shall be for the Rapid Acceleration of
Diagnostics: Provided further, That funds appropriated under this
heading in this Act may be transferred to the accounts of Institutes and
Centers of the National Institutes of Health (NIH): Provided further,
That this transfer authority is in addition to any other transfer
authority available to the NIH: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Substance Abuse and Mental Health Services Administration
Health Surveillance and Program Support
For an additional amount for ``Heath Surveillance and Program
Support'', $4,250,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That of the
amount appropriated under this heading in this Act, $1,650,000,000 shall
be for grants for the substance abuse prevention and treatment block
grant program under subpart II of part B of title XIX of the Public
Health Service Act (``PHS Act''): Provided further, That of the amount
appropriated under this heading in this Act, $1,650,000,000 shall be for
grants for the community mental health services block grant program
under subpart I of part B of title XIX of the PHS Act: Provided
further, That of the amount appropriated in the preceding proviso, the
Assistant Secretary is directed to provide no less than 50 percent of
funds directly to facilities defined in section 1913(c) of the PHS Act:
Provided further, That of the amount appropriated under this heading in
this Act, not less than $600,000,000 is available for the Certified
Community Behavioral Health Clinic Expansion Grant program: Provided
further, That of the amount appropriated under this heading in this Act,
not less than $50,000,000 shall be available for suicide prevention
programs: Provided further, That of the amount appropriated under this
heading in this Act, $50,000,000 shall be for activities and services
under Project AWARE: Provided further, That of the amount appropriated
under this heading in this Act, not less than $240,000,000 is available
for activities authorized under section 501(o) of the PHS Act: Provided
further, <<NOTE: Priority.>> That the Assistant Secretary may
prioritize amounts appropriated in the preceding proviso
[[Page 134 STAT. 1914]]
to eligible states that did not receive amounts made available for such
purpose under the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136): Provided further, That of the amount appropriated
under this heading in this Act, $10,000,000 shall be for the National
Child Traumatic Stress Network: Provided further, That from within the
amount appropriated under this heading in this Act in the previous
provisos, a total of not less than $125,000,000 shall be allocated to
tribes, tribal organizations, urban Indian health organizations, or
health or behavioral health service providers to tribes: Provided
further, <<NOTE: Waiver authority.>> That with respect to the amount
appropriated under this heading in this Act the Substance Abuse and
Mental Health Services Administration shall maintain the 20 percent set-
aside for prevention, but may waive requirements with respect to
allowable activities, timelines, or reporting requirements for the
Substance Abuse Prevention and Treatment Block Grant and the Community
Mental Health Services Block Grant as deemed necessary to facilitate a
grantee's response to coronavirus: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Administration for Children and Families
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the Child Care
and Development Block Grant'', $10,000,000,000 to prevent, prepare for,
and respond to coronavirus, domestically or internationally which shall
be used to supplement, not supplant State, Territory, and Tribal general
revenue funds for child care assistance for low-income families within
the United States (including territories) without regard to requirements
in sections 658E(c)(3)(D)-(E), or 658G of the Child Care and Development
Block Grant Act (``CCDBG Act''): Provided, That funds appropriated
under this heading in this Act may be used for costs of providing relief
from copayments and tuition payments for families and for paying that
portion of the child care provider's cost ordinarily paid through family
copayments to provide continued payments and assistance to child care
providers in the case of decreased enrollment or closures related to
coronavirus, and to assure they are able to remain open or reopen as
appropriate and applicable, including for fixed costs and increased
operating expenses: Provided further, That States, Territories, and
Tribes are encouraged to place conditions on payments to child care
providers that ensure that child care providers use a portion of funds
received to continue to pay the salaries and wages of staff: Provided
further, That lead agencies may use funds provided under this heading in
this Act to support the stability of the child care sector to help
providers afford increased operating expenses during the COVID-19 public
health emergency, and shall publicize widely the availability of, and
provide technical assistance to help providers apply for, funding
available for such purposes, including among center-based child care
providers, family child care providers, and group home child care
providers: Provided further, That lead agencies are encouraged to
implement enrollment and eligibility policies that support the fixed
[[Page 134 STAT. 1915]]
costs of providing child care services by delinking provider
reimbursement rates from an eligible child's absence and a provider's
closure due to the COVID-19 public health emergency: Provided further,
That the Secretary shall remind States that Child Care and Development
Block Grant (``CCDBG'') State plans do not need to be amended prior to
utilizing existing authorities in the CCDBG Act for the purposes
provided herein: Provided further, That States, Territories, and Tribes
are authorized to use funds appropriated under this heading in this Act
to provide child care assistance to health care sector employees,
emergency responders, sanitation workers, farmworkers, and other workers
deemed essential during the response to coronavirus by public officials,
without regard to the income eligibility requirements of section 658P(4)
of such Act: Provided further, That States, Territories, and Tribes
shall use a portion of funds appropriated under this heading in this Act
to provide assistance to eligible child care providers under section
658P(6) of the CCDBG Act that were not receiving CCDBG assistance prior
to the public health emergency as a result of the coronavirus and any
renewal of such declaration pursuant to such section 319, for the
purposes of cleaning and sanitation, and other activities necessary to
maintain or resume the operation of programs, including for fixed costs
and increased operating expenses: Provided further, That funds provided
under this heading in this Act may be used to provide technical
assistance to child care providers to help providers implement practices
and policies in line with guidance from State and local health
departments and the Centers for Disease Control and Prevention regarding
the safe provision of child care services while there is community
transmission of COVID-19: Provided further, <<NOTE: Reimbursement.>>
That funds appropriated under this heading in this Act may be made
available to restore amounts, either directly or through reimbursement,
for obligations incurred to prevent, prepare for, and respond to
coronavirus, domestically or internationally, prior to the date of
enactment of this Act: Provided further, That the Secretary may reserve
not more than $15,000,000 for Federal administrative expenses, which
shall remain available through September 30, 2024: Provided
further, <<NOTE: Reports.>> That no later than 60 days after the date
of enactment of this Act, each State, Territory, and Tribe that receives
funding under this heading in this Act shall submit to the Secretary a
report, in such manner as the Secretary may require, describing how the
funds appropriated under this heading in this Act will be spent and that
no later than 90 days after the date of enactment of this Act, the
Secretary shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Education and Labor
of the House of Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate a report summarizing such reports from
the States, Territories, and Tribes: Provided
further, <<NOTE: Reports.>> That, no later than October 31, 2022, each
State, Territory, and Tribe that receives funding under this heading in
this Act shall submit to the Secretary a report, in such manner as the
Secretary may require, describing how the funds appropriated under this
heading in this Act were spent and that no later than 60 days after
receiving such reports from the States, Territories, and Tribes, the
Secretary shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Education and Labor
of
[[Page 134 STAT. 1916]]
the House of Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate a report summarizing such reports from
the States, Territories, and Tribes: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
children and families services program
For an additional amount for ``Children and Families Services
Programs'', $250,000,000, to prevent, prepare for, and respond to
coronavirus, for making payments under the Head Start Act, including for
Federal administrative expenses, and allocated in an amount that bears
the same ratio to such portion as the number of enrolled children served
by the agency involved bears to the number of enrolled children by all
Head Start agencies: Provided, That none of the funds made available
under this heading in the Act shall be included in the calculation of
the ``base grant'' in subsequent fiscal years, as such term is defined
in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start
Act: Provided further, That funds made available under this heading in
this Act are not subject to the allocation requirements of section
640(a) of the Head Start Act: Provided further, That such funds may be
available to restore amounts, either directly or through reimbursement,
for obligations incurred to prevent, prepare for, and respond to
coronavirus, prior to the date of enactment of this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Community Living
aging and disability services programs
For an additional amount for ``Aging and Disability Services
Programs'', $100,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, which shall be for
activities authorized under Subtitle B of Title XX of the Social
Security Act, of which not less than $50,000,000 shall be for
implementation of Section 2042(b) of the Social Security Act: Provided,
That such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of the Secretary
Public Health and Social Services Emergency Fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $22,945,000,000, to remain available until September
30, 2024, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the development of necessary
countermeasures and vaccines, prioritizing platform-based
[[Page 134 STAT. 1917]]
technologies with U.S.-based manufacturing capabilities, the purchase of
vaccines, therapeutics, diagnostics, necessary medical supplies, as well
as medical surge capacity, and other preparedness and response
activities: Provided, That funds appropriated under this paragraph in
this Act may be used to develop and demonstrate innovations and
enhancements to manufacturing platforms to support such capabilities:
Provided further, <<NOTE: Vaccines. Determination.>> That the Secretary
of Health and Human Services (referred to under this heading as
``Secretary'') shall purchase vaccines developed using funds made
available under this paragraph in this Act to respond to an outbreak or
pandemic related to coronavirus in quantities determined by the
Secretary to be adequate to address the public health need: Provided
further, That the Secretary may take into account geographical areas
with a high percentage of cross-jurisdictional workers when determining
allocations of vaccine doses: Provided further, That products purchased
by the Federal government with funds made available under this paragraph
in this Act, including vaccines, therapeutics, and diagnostics, shall be
purchased in accordance with Federal Acquisition Regulation guidance on
fair and reasonable pricing: Provided further, That the Secretary may
take such measures authorized under current law to ensure that vaccines,
therapeutics, and diagnostics developed from funds provided in this Act
will be affordable in the commercial market: Provided further, That in
carrying out the preceding proviso, the Secretary shall not take actions
that delay the development of such products: Provided further, That
products purchased with funds appropriated under this paragraph in this
Act may, at the discretion of the Secretary of Health and Human
Services, be deposited in the Strategic National Stockpile under section
319F-2 of the Public Health Service Act: Provided further, That of the
amount appropriated under this paragraph in this Act, not more than
$3,250,000,000 shall be for the Strategic National Stockpile under
section 319F-2(a) of such Act: Provided further, That funds
appropriated under this paragraph in this Act may be transferred to, and
merged with, the fund authorized by section 319F-4, the Covered
Countermeasure Process Fund, of the Public Health Service Act: Provided
further, That of the amount appropriated under this paragraph in this
Act, $19,695,000,000 shall be available to the Biomedical Advanced
Research and Development Authority for necessary expenses of
manufacturing, production, and purchase, at the discretion of the
Secretary, of vaccines, therapeutics, and ancillary supplies necessary
for the administration of such vaccines and therapeutics: Provided
further, That funds in the preceding proviso may be used for the
construction or renovation of U.S.-based next generation manufacturing
facilities, other than facilities owned by the United States Government:
Provided further, <<NOTE: Notification. Deadline.>> That the Secretary
shall notify the Committees on Appropriations of the House of
Representatives and the Senate 2 days in advance of any obligation in
excess of $50,000,000, including but not limited to contracts and
interagency agreements, from funds provided in this paragraph in this
Act: Provided further, <<NOTE: Reimbursement.>> That amounts
appropriated under this paragraph in this Act may be used to restore,
either directly or through reimbursement, obligations incurred for
coronavirus vaccines and therapeutics planning, development,
preparation, and purchase prior to the enactment of this Act: Provided
further, <<NOTE: Determination.>> That funds appropriated under this
paragraph in this Act may be used for the construction, alteration, or
renovation
[[Page 134 STAT. 1918]]
of non-federally owned facilities for the production of vaccines,
therapeutics, diagnostics, and ancillary medical supplies where the
Secretary determines that such a contract is necessary to secure
sufficient amounts of such supplies: Provided
further, <<NOTE: Reports.>> That not later than 30 days after enactment
of this Act, and every 30 days thereafter until funds are expended, the
Secretary shall report to the Committees on Appropriations of the House
of Representatives and the Senate on uses of funding for Operation Warp
Speed, detailing current obligations by Department or Agency, or
component thereof broken out by the coronavirus supplemental
appropriations Act that provided the source of funds: Provided further,
That the plan outlined in the preceding proviso shall include funding by
contract, grant, or other transaction in excess of $20,000,000 with a
notation of which Department or Agency, and component thereof is
managing the contract: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $22,400,000,000, to remain available until September
30, 2022, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for necessary expenses
for testing, contact tracing, surveillance, containment, and mitigation
to monitor and suppress COVID-19, including tests for both active
infection and prior exposure, including molecular, antigen, and
serological tests, the manufacturing, procurement and distribution of
tests, testing equipment and testing supplies, including personal
protective equipment needed for administering tests, the development and
validation of rapid, molecular point-of-care tests, and other tests,
support for workforce, epidemiology, to scale up academic, commercial,
public health, and hospital laboratories, to conduct surveillance and
contact tracing, support development of COVID-19 testing plans, and
other related activities related to COVID-19 testing and mitigation:
Provided, That amounts appropriated under this paragraph in this Act
shall be for States, localities, territories, tribes, tribal
organizations, urban Indian health organizations, or health service
providers to tribes for necessary expenses for testing, contact tracing,
surveillance, containment, and mitigation, including support for
workforce, epidemiology, use by employers, elementary and secondary
schools, child care facilities, institutions of higher education, long-
term care facilities, or in other settings, scale up of testing by
public health, academic, commercial, and hospital laboratories, and
community-based testing sites, mobile testing units, health care
facilities, and other entities engaged in COVID-19 testing, and other
related activities related to COVID-19 testing, contact tracing,
surveillance, containment, and mitigation which may include interstate
compacts or other mutual aid agreements for such purposes: Provided
further, <<NOTE: Deadline.>> That amounts appropriated under this
paragraph in this Act shall be made available within 21 days of the date
of enactment of this Act: Provided further, That of the amount
appropriated under this paragraph in this Act, $790,000,000, shall be
transferred to the ``Department of Health and Human Services--Indian
Health Service--Indian Health Services'' to be allocated at the
discretion of the Director of the Indian Health Service and distributed
through Indian Health Service directly operated programs and to tribes
and tribal organizations under the Indian Self-Determination and
[[Page 134 STAT. 1919]]
Education Assistance Act and through contracts or grants with urban
Indian organizations under title V of the Indian Health Care Improvement
Act: Provided further, That the amount transferred to tribes and tribal
organizations under the Indian Self-Determination and Education
Assistance Act in the preceding proviso shall be transferred on a one-
time, non-recurring basis, is not part of the amount required by 25
U.S.C. 5325, and may only be used for the purposes identified under this
paragraph in this Act, notwithstanding any other provision of law:
Provided further, <<NOTE: Allocation.>> That amounts appropriated under
this paragraph in this Act, except for the amounts transferred pursuant
to the third proviso under this paragraph in this Act, shall be
allocated to States, localities, and territories according to the
formula that applied to the Public Health Emergency Preparedness
cooperative agreement in fiscal year 2020: Provided further, That of
the amount appropriated under this paragraph in this Act, except for the
amounts transferred pursuant to the third proviso under this paragraph
in this Act, not less than $2,500,000,000, shall be for strategies for
improving testing capabilities and other purposes described in this
paragraph in high-risk and underserved populations, including racial and
ethnic minority populations and rural communities, as well as developing
or identifying best practices for States and public health officials to
use for contact tracing in high-risk and underserved populations,
including racial and ethnic minority populations and rural communities
and shall not be allocated pursuant to the formula in the preceding
proviso: Provided further, That the second proviso under this paragraph
in this Act, shall not apply to amounts in the preceding proviso:
Provided further, That the Secretary of Health and Human Services
(referred to in this paragraph as the ``Secretary'') may satisfy the
funding thresholds outlined under this paragraph in this Act for funding
other than amounts transferred pursuant to the third proviso under this
paragraph in this Act by making awards through other grant or
cooperative agreement mechanisms: Provided
further, <<NOTE: Deadline. Updates. Plans. Contact tracing.>> That the
Governor or designee of each State, locality, territory, tribe, or
tribal organization receiving funds pursuant to this paragraph in this
Act shall update their plans, as applicable, for COVID-19 testing and
contact tracing submitted to the Secretary pursuant to the Paycheck
Protection Program and Health Care Enhancement Act (Public Law 116-139)
and submit such updates to the Secretary not later than 60 days after
funds appropriated in this paragraph in this Act have been awarded to
such recipient: Provided further, <<NOTE: Time period. Reports.>> That
not later than 60 days after enactment of this Act, and every quarter
thereafter until funds are expended, the Governor or designee of each
State, locality, territory, tribe, or tribal organization receiving
funds shall report to the Secretary on uses of funding, detailing
current commitments and obligations broken out by the coronavirus
supplemental appropriations Act that provided the source of funds:
Provided further, <<NOTE: Summary. Reports.>> That not later than 15
days after receipt of such reports, the Secretary shall summarize and
report to the Committees on Appropriations of the House of
Representatives and the Senate and the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate on States' commitments and obligations
of funding: Provided further, <<NOTE: Public information.>> That the
Secretary shall make publicly available the plans submitted by the
Governor or designee of each State, locality, territory, tribe, or
tribal organization and the report
[[Page 134 STAT. 1920]]
on use of funds provided under this paragraph: Provided further, That
funds an entity receives from amounts described in the first proviso in
this paragraph may also be used for the rent, lease, purchase,
acquisition, construction, alteration, renovation, or equipping of non-
federally owned facilities to improve coronavirus preparedness and
response capability at the State and local level: Provided
further, <<NOTE: Reports. Time period.>> That the Secretary shall
provide a report to the Committees on Appropriations of the House of
Representatives and the Senate on obligation of funds to eligible
entities pursuant to the sixth proviso, summarized by State, not later
than 30 days after the date of enactment of this Act, and every 60 days
thereafter until funds are expired: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $3,000,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, which shall be for necessary expenses to reimburse,
through grants or other mechanisms, eligible health care providers for
health care related expenses or lost revenues that are attributable to
coronavirus: Provided, That these funds may not be used to reimburse
expenses or losses that have been reimbursed from other sources or that
other sources are obligated to reimburse: Provided
further, <<NOTE: Reports. Records. Determination.>> That recipients of
payments under this paragraph shall submit reports and maintain
documentation as the Secretary determines are needed to ensure
compliance with conditions that are imposed by this paragraph for such
payments, and such reports and documentation shall be in such form, with
such content, and in such time as the Secretary may prescribe for such
purpose: Provided further, <<NOTE: Definition.>> That ``eligible
health care providers'' means public entities, Medicare or Medicaid
enrolled suppliers and providers, and such for-profit entities and not-
for-profit entities not otherwise described in this proviso as the
Secretary may specify, within the United States (including territories),
that provide diagnoses, testing, or care for individuals with possible
or actual cases of COVID-19: Provided
further, <<NOTE: Review. Payments.>> That the Secretary shall, on a
rolling basis, review applications and make payments under this
paragraph in this Act: Provided further, That funds appropriated under
this paragraph in this Act shall be available for building or
construction of temporary structures, leasing of properties, medical
supplies and equipment including personal protective equipment and
testing supplies, increased workforce and trainings, emergency operation
centers, retrofitting facilities, and surge capacity: Provided
further, <<NOTE: Definition. Determination.>> That, in this paragraph,
the term ``payment'' means a pre-payment, prospective payment, or
retrospective payment, as determined appropriate by the Secretary:
Provided further, That payments under this paragraph shall be made in
consideration of the most efficient payment systems practicable to
provide emergency payment: Provided further, <<NOTE: Statement.>> That
to be eligible for a payment under this paragraph in this Act, an
eligible health care provider shall submit to the Secretary an
application that includes a statement justifying the need of the
provider for the payment and the eligible health care provider shall
have a valid tax identification number: Provided
further, <<NOTE: Reimbursements.>> That for any reimbursement by the
Secretary from the Provider Relief Fund to an eligible health care
provider that is a subsidiary of a parent organization,
[[Page 134 STAT. 1921]]
the parent organization may, allocate (through transfers or otherwise)
all or any portion of such reimbursement among the subsidiary eligible
health care providers of the parent organization, including
reimbursements referred to by the Secretary as ``Targeted Distribution''
payments, among subsidiary eligible health care providers of the parent
organization except that responsibility for reporting the reallocated
reimbursement shall remain with the original recipient of such
reimbursement: Provided further, <<NOTE: Reimbursements.>> That, for
any reimbursement from the Provider Relief Fund to an eligible health
care provider for health care related expenses or lost revenues that are
attributable to coronavirus (including reimbursements made before the
date of the enactment of this Act), such provider may calculate such
lost revenues using the Frequently Asked Questions guidance released by
the Department of Health and Human Services in June 2020, including the
difference between such provider's budgeted and actual revenue budget if
such budget had been established and approved prior to March 27, 2020:
Provided further, <<NOTE: Time periods.>> That of the amount made
available in the third paragraph under this heading in Public Law 116-
136, not less than 85 percent of (i) the unobligated balances available
as of the date of enactment of this Act, and (ii) any funds recovered
from health care providers after the date of enactment of this Act,
shall be for any successor to the Phase 3 General Distribution
allocation to make payments to eligible health care providers based on
applications that consider financial losses and changes in operating
expenses occurring in the third or fourth quarter of calendar year 2020,
or the first quarter of calendar year 2021, that are attributable to
coronavirus: Provided further, <<NOTE: Reports. Audit.>> That, not
later than 3 years after final payments are made under this paragraph,
the Office of Inspector General of the Department of Health and Human
Services shall transmit a final report on audit findings with respect to
this program to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That nothing in this
section limits the authority of the Inspector General or the Comptroller
General to conduct audits of interim payments at an earlier date:
Provided further, <<NOTE: Reports.>> That not later than 60 days after
the date of enactment of this Act, the Secretary of Health and Human
Services shall provide a report to the Committees on Appropriations of
the House of Representatives and the Senate on obligation of funds,
including obligations to such eligible health care providers, summarized
by State of the payment receipt: Provided
further, <<NOTE: Updates. Time period.>> That such reports shall be
updated and submitted to such Committees every 60 days until funds are
expended: Provided further, That the amounts repurposed in this
paragraph that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1922]]
GENERAL PROVISIONS--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 301. Funds appropriated by this title may be used by the
Secretary of the Department of Health and Human Services to appoint,
without regard to the provisions of sections 3309 through 3319 of title
5 of the United States Code, candidates needed for positions to perform
critical work relating to coronavirus for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
Sec. 302. <<NOTE: Contracts.>> Funds appropriated by this title may
be used to enter into contracts with individuals for the provision of
personal services (as described in section 104 of part 37 of title 48,
Code of Federal Regulations (48 CFR 37.104)) to support the prevention
of, preparation for, or response to coronavirus, domestically and
internationally, subject to prior notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such individuals may not be deemed employees of the
United States for the purpose of any law administered by the Office of
Personnel Management: Provided <<NOTE: Expiration date.>> further,
That the authority made available pursuant to this section shall expire
on September 30, 2024.
Sec. <<NOTE: Time periods. Determination. 5 USC 5547 note.>> 303.
(a) If services performed by an employee during 2020 and 2021 are
determined by the head of the agency to be primarily related to
preparation, prevention, or response to coronavirus, any premium pay for
such services shall be disregarded in calculating the aggregate of such
employee's basic pay and premium pay for purposes of a limitation under
section 5547(a) of title 5, United States Code, or under any other
provision of law, whether such employees pay is paid on a biweekly or
calendar year basis.
(b) Any overtime pay for such services shall be disregarded in
calculating any annual limit on the amount of overtime pay payable in a
calendar or fiscal year.
(c) With regard to such services, any pay that is disregarded under
either subsection (a) or (b) shall be disregarded in calculating such
employee's aggregate pay for purposes of the limitation in section 5307
of such title 5.
(d)(1) <<NOTE: Applicability.>> Pay that is disregarded under
subsection (a) or (b) shall not cause the aggregate of the employee's
basic pay and premium pay for the applicable calendar year to exceed the
rate of basic pay payable for a position at level II of the Executive
Schedule under section 5313 of title 5, United States Code, as in effect
at the end of such calendar year.
(2) <<NOTE: Definition.>> For purposes of applying this
subsection to an employee who would otherwise be subject to the
premium pay limits established under section 5547 of title 5,
United States Code, ``premium pay'' means the premium pay paid
under the provisions of law cited in section 5547(a).
(3) <<NOTE: Determination.>> For purposes of applying this
subsection to an employee under a premium pay limit established
under an authority other than section 5547 of title 5, United
States Code, the agency responsible for administering such limit
shall determine what payments are considered premium pay.
(e) <<NOTE: Effective date.>> This section shall take effect as if
enacted on February 2, 2020.
[[Page 134 STAT. 1923]]
(f) If application of this section results in the payment of
additional premium pay to a covered employee of a type that is normally
creditable as basic pay for retirement or any other purpose, that
additional pay shall not--
(1) be considered to be basic pay of the covered employee
for any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or section 5552 of title 5, United States Code.
Sec. 304. <<NOTE: Transfer authority. Consultation.>> Funds
appropriated by this title to the heading ``Department of Health and
Human Services'' except for the amounts specified in the second and
third paragraphs under the heading ``Public Health and Social Services
Emergency Fund'', may be transferred to, and merged with, other
appropriation accounts under the headings ``Centers for Disease Control
and Prevention'', ``National Institutes of Health'', ``Substance Abuse
and Mental Health Services'', ``Administration for Children and
Families'', and ``Public Health and Social Services Emergency Fund'', to
prevent, prepare for, and respond to coronavirus following consultation
with the Office of Management and Budget: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate shall be
notified 10 days in advance of any such transfer: Provided
further, <<NOTE: Determination.>> That, upon a determination that all or
part of the funds transferred from an appropriation by this title are
not necessary, such amounts may be transferred back to that
appropriation: Provided further, That none of the funds made available
by this title may be transferred pursuant to the authority in section
205 of division A of Public Law 116-94 or section 241(a) of the PHS Act.
Sec. 305. <<NOTE: Transfer authority.>> Of the funds appropriated by
this title under the heading ``Public Health and Social Services
Emergency Fund'', up to $2,000,000 shall be transferred to the ``Office
of the Secretary, Office of Inspector General'', and shall remain
available until expended, for oversight of activities supported with
funds appropriated to the Department of Health and Human Services to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, <<NOTE: Consultation.>> That the Inspector
General of the Department of Health and Human Services shall consult
with the Committees on Appropriations of the House of Representatives
and the Senate prior to obligating such funds: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority provided by law.
Sec. 306. Section 675b(b)(3) of the Community Services Block Grant
Act (42 U.S.C. 9906(b)(3)) shall not apply with respect to funds
appropriated by the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) to carry out the Community Services Block Grant Act
(42 U.S.C. 9901 et seq.): Provided, That the amounts repurposed in this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 307. Penalties and administrative requirements under title
XXVI of the Public Health Service Act may be waived by the Secretary of
Health and Human Services for funds awarded
[[Page 134 STAT. 1924]]
under such title of such Act from amounts provided for fiscal year 2020
and fiscal year 2021 under the heading ``Department of Health and Human
Services--Health Resources and Services Administration'', including
amounts made available under such heading by transfer: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF EDUCATION
education stabilization fund
For an additional amount for ``Education Stabilization Fund'',
$81,880,000,000, to remain available through September 30, 2022, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
GENERAL PROVISIONS--DEPARTMENT OF EDUCATION
education stabilization fund
Sec. 311. <<NOTE: Time period. 20 USC 3401 note.>> (a)
Allocations.--From the amount made available under this heading in this
Act to carry out the Education Stabilization Fund, the Secretary shall
first allocate--
(1) one-half of 1 percent to the outlying areas for
supplemental awards to be allocated not more than 30 calendar
days from the date of enactment of this Act on the basis of the
terms and conditions for funding provided under section
18001(a)(1) of the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Public Law 116-136); and
(2) one-half of 1 percent for a supplemental award to be
allocated to the Secretary of Interior not more than 30 calendar
days from enactment of this Act for programs operated or funded
by the Bureau of Indian Education (BIE) under the terms and
conditions established for funding provided under section
18001(a)(2) of the CARES Act (Public Law 116-136), for BIE-
operated and funded elementary and secondary schools and Tribal
Colleges and Universities, except that funding shall be
allocated as follows:
(A) 60 percent for Bureau-funded schools, as defined
in 25 U.S.C. 2021, provided that such schools may not be
required to submit a spending plan before receipt of
funding.
(B) 40 percent for Tribal Colleges and Universities,
which shall be distributed according to the formula in
section 316(d)(3) of the Higher Education Act of 1965
(``HEA'').
(b) Reservations.--After carrying out subsection (a), the Secretary
shall reserve the remaining funds made available as follows:
(1) 5 percent to carry out section 312 of this title.
(2) 67 percent to carry out section 313 of this title.
(3) 28 percent to carry out section 314 of this title.
[[Page 134 STAT. 1925]]
governor's emergency education relief fund
Sec. 312. <<NOTE: Grants.>> (a) Program Authorized.--(1) From funds
reserved under section 311(b)(1) of this title and not reserved under
paragraph (2), the Secretary shall make supplemental Emergency Education
Relief grants to the Governor of each State with an approved application
under section 18002 of division B of the CARES Act (Public Law 116-136).
The <<NOTE: Deadline.>> Secretary shall award funds under this section
to the Governor of each State with an approved application within 30
calendar days of the date of enactment of this Act.
(2) Reservation.--From funds made available under section
311(b)(1) of this title, the Secretary shall reserve
$2,750,000,000 of such funds to provide Emergency Assistance to
Non-Public Schools grants, in accordance with subsection (d), to
the Governor of each State with an approved application under
subsection (d)(2).
(b) Allocations.--The amount of each grant under subsection (a)(1)
shall be allocated by the Secretary to each State as follows:
(1) 60 percent on the basis of their relative population of
individuals aged 5 through 24.
(2) 40 percent on the basis of their relative number of
children counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (``ESEA'').
(c) Uses of Funds.--Grant funds awarded under subsection (a)(1) may
be used to--
(1) provide emergency support through grants to local
educational agencies that the State educational agency deems
have been most significantly impacted by coronavirus to support
the ability of such local educational agencies to continue to
provide educational services to their students and to support
the on-going functionality of the local educational agency;
(2) <<NOTE: Determination.>> provide emergency support
through grants to institutions of higher education serving
students within the State that the Governor determines have been
most significantly impacted by coronavirus to support the
ability of such institutions to continue to provide educational
services and support the on-going functionality of the
institution; and
(3) provide support to any other institution of higher
education, local educational agency, or education related entity
within the State that the Governor deems essential for carrying
out emergency educational services to students for authorized
activities described in section 313(d)(1) of this title or the
HEA; the provision of child care and early childhood education,
social and emotional support; and the protection of education-
related jobs.
(d) Emergency Assistance to Non-Public Schools.--
(1) Program authorized.--
(A) <<NOTE: Allotment.>> In general.--With funds
reserved under subsection (a)(2), the Secretary shall
allot the amount described in subparagraph (B) to the
Governor of each State with an approved application
under paragraph (2) in order to provide services or
assistance to non-public schools under this subsection.
The Governor shall designate the State educational
agency to administer the program authorized under this
subsection.
(B) <<NOTE: Determination.>> Amount of allotment.--
An allotment for a State under subparagraph (A) shall be
in the amount that bears
[[Page 134 STAT. 1926]]
the same relationship to the total amount of the funds
reserved under subsection (a)(2) as the number of
children aged 5 through 17 at or below 185 percent of
poverty who are enrolled in non-public schools in the
State (as determined by the Secretary on the basis of
the best available data) bears to the total number of
all such children in all States.
(2) Applications from states.--
(A) <<NOTE: Deadlines.>> Application request and
review.--The Secretary shall--
(i) <<NOTE: Notice.>> issue a notice inviting
applications for funds reserved under subsection
(a)(2) not later than 30 days after the date of
enactment of this Act; and
(ii) approve or deny an application not later
than 15 days after the receipt of the application.
(B) <<NOTE: Consultation.>> Assurance.--The
Governor of each State, in consultation with their
respective State educational agency, shall include in
the application submitted under this paragraph an
assurance that the State educational agency will--
(i) distribute information about the program
to non-public schools and make the information and
the application easily available;
(ii) process all applications submitted
promptly, in accordance with subparagraph
(3)(A)(ii);
(iii) in providing services or assistance to
non-public schools, ensure that services or
assistance is provided to any non-public school
that--
(I) is a non-public school described
in paragraph (3)(C);
(II) submits an application that
meets the requirements of paragraph
(3)(B); and
(III) requests services or
assistance allowable under paragraph
(4);
(iv) to the extent practicable, obligate all
funds provided under subsection (a)(2) for
services or assistance to non-public schools in
the State in an expedited and timely manner; and
(v) <<NOTE: Deadline.>> obligate funds to
provide services or assistance to non-public
schools in the State not later than 6 months after
receiving such funds under subsection (a)(2).
(3) Applications for services or assistance.--
(A) Application request and review.--A State
educational agency receiving funds from the Governor
under this subsection shall--
(i) make the application for services or
assistance described in subparagraph (B) available
to non-public schools by not later than 30 days
after the receipt of such funds; and
(ii) approve or deny an application not later
than 30 days after the receipt of the application.
(B) Application requirements.--Each non-public
school desiring services or assistance under this
subsection shall submit an application to the State
educational agency at such time, in such manner, and
accompanied by such
[[Page 134 STAT. 1927]]
information as the State educational agency may
reasonably require to ensure expedited and timely
provision of services or assistance to the non-public
school, which shall include--
(i) the number and percentage of students from
low-income families enrolled by such non-public
school in the 2019-2020 school year;
(ii) a description of the emergency services
authorized under paragraph (4) that such non-
public school requests to be provided by the State
educational agency; and
(iii) whether the non-public school requesting
services or assistance under this subsection
received a loan guaranteed under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C.
636(a)) that was made before the date of enactment
of this Act and the amount of any such loan
received.
(C) <<NOTE: Priority.>> Targeting.--A State
educational agency receiving funds under this subsection
shall prioritize services or assistance to non-public
schools that enroll low-income students and are most
impacted by the qualifying emergency.
(4) Types of services or assistance.--A non-public school
receiving services or assistance under this subsection shall use
such services or assistance to address educational disruptions
resulting from the qualifying emergency for--
(A) supplies to sanitize, disinfect, and clean
school facilities;
(B) personal protective equipment;
(C) improving ventilation systems, including windows
or portable air purification systems to ensure healthy
air in the non-public school;
(D) training and professional development for staff
on sanitation, the use of personal protective equipment,
and minimizing the spread of infectious diseases;
(E) physical barriers to facilitate social
distancing;
(F) other materials, supplies, or equipment to
implement public health protocols, including guidelines
and recommendations from the Centers for Disease Control
and Prevention for the reopening and operation of school
facilities to effectively maintain the health and safety
of students, educators, and other staff during the
qualifying emergency;
(G) expanding capacity to administer coronavirus
testing to effectively monitor and suppress coronavirus,
to conduct surveillance and contact tracing activities,
and to support other activities related to coronavirus
testing for students, teachers, and staff at the non-
public school;
(H) educational technology (including hardware,
software, connectivity, assistive technology, and
adaptive equipment) to assist students, educators, and
other staff with remote or hybrid learning;
(I) redeveloping instructional plans, including
curriculum development, for remote learning, hybrid
learning, or to address learning loss;
(J) leasing of sites or spaces to ensure safe social
distancing to implement public health protocols,
including
[[Page 134 STAT. 1928]]
guidelines and recommendations from the Centers for
Disease Control and Prevention;
(K) reasonable transportation costs;
(L) initiating and maintaining education and support
services or assistance for remote learning, hybrid
learning, or to address learning loss; or
(M) <<NOTE: Reimbursement.>> reimbursement for the
expenses of any services or assistance described in this
paragraph (except for subparagraphs (C) (except that
portable air purification systems shall be an allowable
reimbursable expense), (D), (I), and (L)) that the non-
public school incurred on or after the date of the
qualifying emergency, except that any non-public school
that has received a loan guaranteed under paragraph (36)
of section 7(a) of the Small Business Act (15 U.S.C.
636(a)) as of the day prior to the date of enactment of
this Act shall not be eligible for reimbursements
described in this paragraph for any expenses reimbursed
through such loan.
(5) Administration.--A State educational agency receiving
funds under this subsection may reserve not more than the
greater of $200,000 or one-half of 1 percent of such funds to
administer the services and assistance provided under this
subsection to non-public schools.
(6) <<NOTE: Time period.>> Reallocation.--Notwithstanding
paragraph (1)(A), each State educational agency receiving funds
under this subsection that complies with paragraph (2) but has
unobligated funds remaining 6 months after receiving funds under
this subsection shall return such remaining unobligated funds to
the Governor, to use for any use authorized under subsection
(c).
(7) Public control of funds.--
(A) In general.--The control of funds for the
services or assistance provided to a non-public school
under this subsection, and title to materials,
equipment, and property purchased with such funds, shall
be in a public agency, and a public agency shall
administer such funds, services, assistance, materials,
equipment, and property.
(B) Provision of services or assistance.--
(i) Provider.--The provision of services or
assistance to a non-public school under this
subsection shall be provided--
(I) by employees of a public agency;
or
(II) through contract by such public
agency with an individual, association,
agency, or organization.
(ii) Requirement.--In the provision of
services or assistance described in clause (i),
such employee, individual, association, agency, or
organization shall be independent of the non-
public school receiving such services or
assistance, and such employment and contracts
shall be under the control and supervision of such
public agency described in subparagraph (A).
(8) Secular, neutral, and non-ideological.--All services or
assistance provided under this subsection, including providing
equipment, materials, and any other items, shall be secular,
neutral, and non-ideological.
[[Page 134 STAT. 1929]]
(9) Interaction with paycheck protection program.--(A) In
general.-- <<NOTE: Records.>> In order to be eligible to receive
services or assistance under this subsection, a non-public
school shall submit to the State an assurance, including any
documentation required by the Secretary, that such non-public
school did not, and will not, apply for and receive a loan under
paragraphs (36) or (37) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)(37)) that is made on or after the date of
enactment of this Act.
(B) Allowance.--A non-public school that received a
loan guaranteed under paragraph (36) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) that was made
before the date of enactment of this Act shall be
eligible to receive services or assistance under this
subsection.
(e) Restrictions.--
(1) Funds provided under this section shall not be used--
(A) to provide direct or indirect financial
assistance to scholarship granting organizations or
related entities for elementary or secondary education;
or
(B) to provide or support vouchers, tuition tax
credit programs, education savings accounts,
scholarships, scholarship programs, or tuition-
assistance programs for elementary or secondary
education.
(2) Exception.--Notwithstanding paragraph (1), a State may
use funds provided under subsection (a)(1) to provide assistance
prohibited under paragraph (1) only to students who receive or
received such assistance with funds provided under section
18002(a) of division B of the CARES Act (20 U.S.C. 3401 note),
for the 2020-2021 school year and only for the same assistance
provided such students under such section.
(3) Rule of construction.--Nothing in this subsection shall
be interpreted to apply any additional restrictions to funds
provided in section 18002(a) of division B of the CARES Act (20
U.S.C. 3401 note).
(f) <<NOTE: Deadline.>> Reallocation.--Each Governor shall return
to the Secretary any funds received under paragraph (1) or (2) of
subsection (a) that the Governor does not award or obligate not later
than 1 year after the date of receipt of such funds, and the Secretary
shall reallocate such funds to the remaining States in accordance with
subsection (b) for uses authorized under subsection (c).
elementary and secondary school emergency relief fund
Sec. <<NOTE: Deadline.>> 313. (a) Grants.--From funds reserved
under section 311(b)(2) of this title, the Secretary shall make
supplemental elementary and secondary school emergency relief grants to
each State educational agency with an approved application under section
18003 of division B of the CARES Act (Public Law 116-136). The Secretary
shall award funds under this section to each State educational agency
with an approved application within 30 calendar days of the date of
enactment of this Act.
(b) Allocations to States.--The amount of each grant under
subsection (a) shall be allocated by the Secretary to each State in the
same proportion as each State received under part A of title I of the
ESEA of 1965 in the most recent fiscal year.
[[Page 134 STAT. 1930]]
(c) Subgrants to Local Educational Agencies.--Each State shall
allocate not less than 90 percent of the grant funds awarded to the
State under this section as subgrants to local educational agencies
(including charter schools that are local educational agencies) in the
State in proportion to the amount of funds such local educational
agencies and charter schools that are local educational agencies
received under part A of title I of the ESEA of 1965 in the most recent
fiscal year.
(d) Uses of Funds.--A local educational agency that receives funds
under this section may use the funds for any of the following:
(1) Any activity authorized by the ESEA of 1965, including
the Native Hawaiian Education Act and the Alaska Native
Educational Equity, Support, and Assistance Act (20 U.S.C. 6301
et seq.), the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) (``IDEA''), the Adult Education and Family
Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) (``the Perkins Act''), or subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.).
(2) <<NOTE: Coordination.>> Coordination of preparedness
and response efforts of local educational agencies with State,
local, Tribal, and territorial public health departments, and
other relevant agencies, to improve coordinated responses among
such entities to prevent, prepare for, and respond to
coronavirus.
(3) Providing principals and others school leaders with the
resources necessary to address the needs of their individual
schools.
(4) Activities to address the unique needs of low-income
children or students, children with disabilities, English
learners, racial and ethnic minorities, students experiencing
homelessness, and foster care youth, including how outreach and
service delivery will meet the needs of each population.
(5) Developing and implementing procedures and systems to
improve the preparedness and response efforts of local
educational agencies.
(6) Training and professional development for staff of the
local educational agency on sanitation and minimizing the spread
of infectious diseases.
(7) Purchasing supplies to sanitize and clean the facilities
of a local educational agency, including buildings operated by
such agency.
(8) <<NOTE: Coordination.>> Planning for, coordinating, and
implementing activities during long-term closures, including
providing meals to eligible students, providing technology for
online learning to all students, providing guidance for carrying
out requirements under the IDEA and ensuring other educational
services can continue to be provided consistent with all
Federal, State, and local requirements.
(9) Purchasing educational technology (including hardware,
software, and connectivity) for students who are served by the
local educational agency that aids in regular and substantive
educational interaction between students and their classroom
instructors, including low-income students and children with
disabilities, which may include assistive technology or adaptive
equipment.
(10) Providing mental health services and supports.
[[Page 134 STAT. 1931]]
(11) Planning and implementing activities related to summer
learning and supplemental afterschool programs, including
providing classroom instruction or online learning during the
summer months and addressing the needs of low-income students,
children with disabilities, English learners, migrant students,
students experiencing homelessness, and children in foster care.
(12) Addressing learning loss among students, including low-
income students, children with disabilities, English learners,
racial and ethnic minorities, students experiencing
homelessness, and children and youth in foster care, of the
local educational agency, including by--
(A) Administering and using high-quality assessments
that are valid and reliable, to accurately assess
students' academic progress and assist educators in
meeting students' academic needs, including through
differentiating instruction.
(B) Implementing evidence-based activities to meet
the comprehensive needs of students.
(C) Providing information and assistance to parents
and families on how they can effectively support
students, including in a distance learning environment.
(D) Tracking student attendance and improving
student engagement in distance education.
(13) School facility repairs and improvements to enable
operation of schools to reduce risk of virus transmission and
exposure to environmental health hazards, and to support student
health needs.
(14) Inspection, testing, maintenance, repair, replacement,
and upgrade projects to improve the indoor air quality in school
facilities, including mechanical and non-mechanical heating,
ventilation, and air conditioning systems, filtering,
purification and other air cleaning, fans, control systems, and
window and door repair and replacement.
(15) Other activities that are necessary to maintain the
operation of and continuity of services in local educational
agencies and continuing to employ existing staff of the local
educational agency.
(e) State Funding.--With funds not otherwise allocated under
subsection (c), a State may reserve not more than one-half of 1 percent
for administrative costs and the remainder for emergency needs as
determined by the state educational agency to address issues responding
to coronavirus, including measuring and addressing learning loss, which
may be addressed through the use of grants or contracts.
(f) Report.--A State receiving funds under this section shall submit
a report to the Secretary, not later than 6 months after receiving
funding provided in this Act, in such manner and with such subsequent
frequency as the Secretary may require, that provides a detailed
accounting of the use of funds provided under this section, including
how the State is using funds to measure and address learning loss among
students disproportionately affected by coronavirus and school closures,
including low-income students, children with disabilities, English
learners, racial and ethnic minorities, students experiencing
homelessness, and children and youth in foster care.
[[Page 134 STAT. 1932]]
(g) <<NOTE: Deadline.>> Reallocation.--A State shall return to the
Secretary any funds received under this section that the State does not
award within 1 year of receiving such funds and the Secretary shall
reallocate such funds to the remaining States in accordance with
subsection (b).
higher education emergency relief fund
Sec. 314. (a) <<NOTE: Allocations.>> In General.--From funds
reserved under section 311(b)(3) of this title the Secretary shall
allocate amounts to institutions of higher education with an approved
application as follows:
(1) 89 percent to each institution of higher education as
defined in section 101 or section 102(c) of the HEA to prevent,
prepare for, and respond to coronavirus, by apportioning it--
(A) 37.5 percent according to the relative share of
full-time equivalent enrollment of students who were
Federal Pell Grant recipients and who were not
exclusively enrolled in distance education courses prior
to the qualifying emergency;
(B) 37.5 percent according to the relative share of
the total number of students who were Federal Pell Grant
recipients and who were not exclusively enrolled in
distance education courses prior to the qualifying
emergency;
(C) 11.5 percent according to the relative share of
full-time equivalent enrollment of students who were not
Federal Pell Grant recipients and who were not
exclusively enrolled in distance education courses prior
to the qualifying emergency;
(D) 11.5 percent according to the relative share of
the total number of students who were not Federal Pell
Grant recipients and who were not exclusively enrolled
in distance education courses prior to the qualifying
emergency;
(E) 1 percent according to the relative share of
full-time equivalent enrollment of students who were
Federal Pell grant recipients and who were exclusively
enrolled in distance education courses prior to the
qualifying emergency; and
(F) 1 percent according to the relative share of the
total number of students who were Federal Pell grant
recipients and who were exclusively enrolled in distance
education courses prior to the qualifying emergency.
(2) 7.5 percent for additional awards under parts A and B of
title III, parts A and B of title V, and subpart 4 of part A of
title VII of the HEA to address needs directly related to
coronavirus, that shall be in addition to awards made in
subsection (a)(1), and allocated by the Secretary proportionally
to such programs based on the relative share of funding
appropriated to such programs in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) and distributed to
eligible institutions of higher education, except as otherwise
provided in subparagraphs (A) through (C), on the basis of the
formula described in subparagraphs (A) through (F) of subsection
(a)(1):
(A) Except as otherwise provided in subparagraph
(2)(B), for eligible institutions under part B of title
III and subpart 4 of part A of title VII of the HEA, the
[[Page 134 STAT. 1933]]
Secretary shall allot to each eligible institution an
amount using the following formula:
(i) 70 percent according to a ratio equivalent
to the number of Pell Grant recipients in
attendance at such institution at the end of the
school year preceding the beginning of the most
recent fiscal year and the total number of Pell
Grant recipients at all such institutions;
(ii) 20 percent according to a ratio
equivalent to the total number of students
enrolled at such institution at the end of the
school year preceding the beginning of that fiscal
year and the number of students enrolled at all
such institutions; and
(iii) 10 percent according to a ratio
equivalent to the total endowment size at all
eligible institutions at the end of the school
year preceding the beginning of that fiscal year
and the total endowment size at such institution;
(B) For eligible institutions under section 326 of
the HEA, the Secretary shall allot to each eligible
institution an amount in proportion to the award
received from funding for such institutions in the
Further Consolidated Appropriations Act, 2020 (Public
Law 116-94); and
(C) For eligible institutions under section 316 of
the HEA, the Secretary shall allot funding according to
the formula in section 316(d)(3) of the HEA.
(3) <<NOTE: Determination.>> 0.5 percent for part B of
title VII of the HEA for institutions of higher education that
the Secretary determines have, after allocating other funds
available under this section, the greatest unmet needs related
to coronavirus, including institutions of higher education with
large populations of graduate students and institutions of
higher education that did not otherwise receive an allocation
under this section. <<NOTE: Publication. Deadlines. Briefing.>>
In awarding funds under this paragraph, the Secretary shall
publish an application for such funds no later than 60 calendar
days of enactment of this Act, and shall provide a briefing to
the Committees on Appropriations of the House of Representatives
and the Senate no later than 7 days prior to publishing such
application.
(4) 3 percent to institutions of higher education as defined
in section 102(b) of the HEA allocated on the basis of the
formula described in subparagraphs (A) through (F) of subsection
(a)(1).
(b)(1) Distribution.--The funds made available to each institution
under subsection (a)(1) shall be distributed by the Secretary using the
same systems as the Secretary otherwise distributes funding to
institutions under title IV of the HEA.
(2) <<NOTE: Deadlines.>> The Secretary shall allocate
amounts to institutions of higher education under this section,
to the extent practicable, as follows:
(A) under subsections (a)(1) and (a)(4) within 30
calendar days of the date of enactment of this Act;
(B) under subsection (a)(2) within 60 calendar days
of the date of enactment of this Act; and
(C) under subsection (a)(3) within 120 calendar days
of enactment of this Act.
[[Page 134 STAT. 1934]]
(c) Uses of Funds.--An institution of higher education receiving
funds under this section may use the funds received to--
(1) defray expenses associated with coronavirus (including
lost revenue, reimbursement for expenses already incurred,
technology costs associated with a transition to distance
education, faculty and staff trainings, and payroll);
(2) carry out student support activities authorized by the
HEA that address needs related to coronavirus; or
(3) provide financial aid grants to students (including
students exclusively enrolled in distance education), which may
be used for any component of the student's cost of attendance or
for emergency costs that arise due to coronavirus, such as
tuition, food, housing, health care (including mental health
care), or child care. In making financial aid grants to
students, an institution of higher education shall prioritize
grants to students with exceptional need, such as students who
receive Pell Grants.
(d) Special Provisions.--
(1) A Historically Black College and University or a
Minority Serving Institution may use prior awards provided under
titles III, V, and VII of the Higher Education Act to prevent,
prepare for, and respond to coronavirus.
(2) An institution of higher education awarded funds under
section 18004 of division B of the CARES Act (Public Law 116-
136) prior to the date of enactment of this Act may use those
funds under the terms and conditions of section 314(c) of this
title, subject to the requirements in paragraph (5). Amounts
repurposed pursuant to this paragraph that were previously
designated by the Congress as an emergency requirement pursuant
to the Balanced Budget and Emergency Deficit Control Act of 1985
are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(3) No funds received by an institution of higher education
under this section shall be used to fund contractors for the
provision of pre-enrollment recruitment activities; marketing or
recruitment; endowments; capital outlays associated with
facilities related to athletics, sectarian instruction, or
religious worship; senior administrator or executive salaries,
benefits, bonuses, contracts, incentives; stock buybacks,
shareholder dividends, capital distributions, and stock options;
or any other cash or other benefit for a senior administrator or
executive.
(4) Any funds that remain available for obligation as of the
date of enactment of this Act to carry out section 18004(a)(1)
of the CARES Act (Public Law 116-136) or under the heading
``Safe Schools and Citizenship Education'' of such Act shall be
used by the Secretary to carry out section 314(a)(1) of this
title: Provided, That amounts repurposed pursuant to this
paragraph that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 134 STAT. 1935]]
(5) Institutions of higher education receiving allocations
under section 314(a)(1) of this title shall provide at least the
same amount of funding in emergency financial aid grants to
students as was required to be provided under sections
18004(a)(1) and (c) of division B of the CARES Act (Public Law
116-136). An institution of higher education that repurposes
funds pursuant to paragraph (2) shall ensure that not less than
50 percent of the funds received under section 18004(a)(1) of
division B of the CARES Act (Public Law 116-136) are used for
financial aid grants to students under either section 18004(c)
of division B of the CARES Act or section 314(c)(3) of this
title, or a combination of those sections: Provided, That
amounts repurposed pursuant to this paragraph that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(6)(A) An institution of higher education that was required
to remit payment to the Internal Revenue Service for the excise
tax based on investment income of private colleges and
universities under section 4968 of the Internal Revenue Code of
1986 for tax year 2019 shall have its allocation under this
section reduced by 50 percent and may only use funds for
activities described in paragraph (c)(3), or for sanitation,
personal protective equipment, or other expenses associated with
the general health and safety of the campus environment related
to the qualifying emergency. This paragraph shall not apply to
an institution of higher education designated by the Secretary
as an eligible institution under section 448 of the HEA.
(B) Waiver authority.--The Secretary may waive the
requirements of subparagraph (A) if, upon application,
an institution of higher education demonstrates need
(including need for additional funding for financial aid
grants to students, payroll expenses, or other
expenditures) for the total amount of funds such
institution is allocated under section 314(a)(1) of this
title. <<NOTE: Public information.>> The Secretary shall
provide and make publicly available a written
justification for the denial of any application for a
waiver under this subparagraph.
(7) An institution of higher education as defined in section
102(b) of the HEA may only use funds received under this section
for activities described in subsection (c)(3).
(8) An institution of higher education with an approved
application under section 18004(a) of division B of the CARES
Act (Public Law 116-136) prior to the date of enactment of this
Act shall not be required to submit a new or revised application
to receive funds under this section provided such funds are
subject to the terms and conditions of this section.
(9) An institution of higher education receiving funds under
subsections (a)(1)(E) or (F) may only use funds apportioned by
such subparagraphs for activities described in subsection
(c)(3).
(e) Report.--An institution receiving funds under this section shall
submit a report to the Secretary, not later than 6 months
[[Page 134 STAT. 1936]]
after receiving funding provided in this Act, in such manner and with
such subsequent frequency as the Secretary may require, that provides a
detailed accounting of the use of funds provided under this section.
(f) <<NOTE: Deadline.>> Reallocation.--Any funds allocated to an
institution of higher education under this section on the basis of a
formula described in subsections (a)(1), (a)(2), and (a)(4) but for
which an institution does not apply for funding within 90 days of the
publication of the notice inviting applications, shall be reallocated to
eligible institutions that had submitted an application by such date in
accordance with the formula described in subsection (a)(1).
continued payment to employees
Sec. 315. A local educational agency, State, institution of higher
education, or other entity that receives funds provided under the
heading ``Education Stabilization Fund'', shall, to the greatest extent
practicable, continue to pay its employees and contractors during the
period of any disruptions or closures related to coronavirus.
definitions
Sec. 316. Except as otherwise provided in sections 311 through 316
of this title, as used in such sections--
(1) the terms ``elementary education'' and ``secondary
education'' have the meaning given such terms under State law;
(2) the term ``institution of higher education'' has the
meaning given such term in title I of the HEA;
(3) the term ``Secretary'' means the Secretary of Education;
(4) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(5) the term ``cost of attendance'' has the meaning given
such term in section 472 of the HEA;
(6) the term ``Non-public school'' means a non-public
elementary and secondary school that--
(A) is accredited, licensed, or otherwise operates
in accordance with State law; and
(B) was in existence prior to the date of the
qualifying emergency for which grants are awarded under
this title;
(7) the term ``public school'' means a public elementary or
secondary school;
(8) any other term used that is defined in section 8101 of
the ESEA of 1965 shall have the meaning given the term in such
section; and
(9) the term ``qualifying emergency'' has the meaning given
the term in section 3502(a)(4) of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136).
maintenance of effort
Sec. 317. (a) At the time of award of funds to carry out sections
312 or 313 of this title, a State shall provide assurances that such
State will maintain support for elementary and secondary education, and
for higher education (which shall include State funding to institutions
of higher education and state need-based financial aid, and shall not
include support for capital projects or for research and development or
tuition and fees paid by students) in fiscal year 2022 at least at the
proportional levels of
[[Page 134 STAT. 1937]]
such State's support for elementary and secondary education and for
higher education relative to such State's overall spending, averaged
over fiscal years 2017, 2018, and 2019.
(b) <<NOTE: Waiver authority.>> The Secretary may waive the
requirement in subsection (a) for the purpose of relieving fiscal
burdens on States that have experienced a precipitous decline in
financial resources.
Gallaudet University
For an additional amount for ``Gallaudet University'', $11,000,000,
to remain available through September 30, 2022, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
to help defray the expenses directly caused by coronavirus and to enable
grants to students for expenses directly related to coronavirus and the
disruption of university operations: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Student Aid Administration
For an additional amount for ``Student Aid Administration'',
$30,000,000, to remain available through September 30, 2022, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Howard University
For an additional amount for ``Howard University'', $20,000,000, to
remain available through September 30, 2022, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
to help defray the expenses directly caused by coronavirus and to enable
grants to students for expenses directly related to coronavirus and the
disruption of university operations: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Technical Institute for the Deaf
For an additional amount for ``National Technical Institute for the
Deaf'', $11,000,000, to remain available through September 30, 2022, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including to help defray the expenses directly caused
by coronavirus and to enable grants to students for expenses directly
related to coronavirus and the disruption of university operations:
Provided, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 134 STAT. 1938]]
Institute of Education Sciences
For an additional amount for ``Institute of Education Sciences'',
$28,000,000, to remain available through September 30, 2022, to prevent,
prepare for and respond to coronavirus, domestically or internationally,
for carrying out the National Assessment of Educational Progress
Authorization Act: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Departmental Management
program administration
For an additional amount for ``Program Administration'',
$15,000,000, to remain available through September 30, 2023, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
office of the inspector general
For an additional amount for ``Office of the Inspector General'',
$5,000,000, to remain available until expended, to prevent, prepare for,
and respond to coronavirus, domestically or internationally, including
for salaries and expenses necessary for oversight, investigations, and
audits of programs, grants, and projects funded in this Act to respond
to coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
GENERAL PROVISION--THIS TITLE
Sec. <<NOTE: Deadlines. Spend plan. Estimates.>> 321. Not later
than 30 days after the date of enactment of this Act, the Secretaries of
Health and Human Services and Education shall provide a detailed spend
plan of anticipated uses of funds made available in this title,
including estimated personnel and administrative costs, to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, <<NOTE: Time period.>> That such plans shall be
updated and submitted to such Committees every 60 days until September
30, 2024: Provided further, <<NOTE: List. Contracts.>> That the spend
plans shall be accompanied by a listing of each contract obligation
incurred that exceeds $5,000,000 which has not previously been reported,
including the amount of each such obligation.
[[Page 134 STAT. 1939]]
TITLE IV
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
grants-in-aid for airports
(including transfer of funds)
For an additional amount for ``Grants-in-Aid for Airports''
$2,000,000,000, to prevent, prepare for, and respond to coronavirus:
Provided, That amounts made available under this heading in this Act
shall be derived from the general fund of the Treasury: Provided
further, That funds provided under this heading in this Act shall only
be available to airports in categories defined in section 47102 of title
49, United States Code: Provided further, That funds provided under
this heading in this Act shall not otherwise be subject to the
requirements of chapter 471 of such title: Provided further, That
notwithstanding <<NOTE: Applicability. Contracts.>> the preceding
proviso, except for project eligibility, the requirements of chapter 471
of such title shall apply to funds provided for any contract awarded
(after the date of enactment of this Act) for airport development and
funded under this heading: Provided further, That funds provided under
this heading in this Act may not be used for any purpose not directly
related to the airport: Provided further, That no additional funding
shall be provided from funds made available under this heading to any
airport that was allocated in excess of four years of operating funds
under Public Law 116-136: Provided further, That the Federal share
payable of the costs for which a grant is made under this heading in
this Act shall be 100 percent: Provided further, That, notwithstanding
any other provision of law, any funds appropriated under the heading
``Grants-In-Aid for Airports'' in Public Law 116-136 that are
unallocated as of the date of enactment of this Act shall be added to
and allocated under paragraph (1) of this heading in this Act: Provided
further, That any funds obligated under Public Law 116-136 that are
recovered by or returned to the FAA shall be allocated under paragraph
(1) of this heading in this Act: Provided further, That of the amounts
appropriated under this heading in this Act:
(1) Not less than $1,750,000,000 shall be available for
primary airports as defined in section 47102(16) of title 49,
United States Code, and certain cargo airports for costs related
to operations, personnel, cleaning, sanitization, janitorial
services, combating the spread of pathogens at the airport, and
debt service payments: Provided, That such funds shall not be
subject to the reduced apportionments of section 47114(f) of
title 49, United States Code: Provided further, That such funds
shall first be apportioned as set forth in sections
47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii),
47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49,
United States Code: Provided further, That there shall be no
maximum apportionment limit: Provided further, That any
remaining funds after such apportionment shall be distributed to
all sponsors of primary airports (as defined in section
47102(16) of title 49, United States Code) based on each such
airport's passenger enplanements compared to total passenger
enplanements of all airports defined in section 47102(16) of
[[Page 134 STAT. 1940]]
title 49, United States Code, for the most recent calendar year
enplanements upon which the Secretary has apportioned funds
pursuant to section 47114(c) of title 49, United States Code;
(2) Not less than $45,000,000 shall be for general aviation
and commercial service airports that are not primary airports as
defined in paragraphs (7), (8), and (16) of section 47102 of
title 49, United States Code, for costs related to operations,
personnel, cleaning, sanitization, janitorial services,
combating the spread of pathogens at the airport, and debt
service payments: Provided, That not less than $5,000,000 of
such funds shall be available to sponsors of non-primary
airports, divided equally, that participate in the FAA Contract
Tower Program defined in section 47124 of title 49, United
States Code, to cover lawful expenses to support FAA contract
tower operations: Provided
further, <<NOTE: Apportionment.>> That the Secretary shall
apportion the remaining funds to each non-primary airport based
on the categories published in the most current National Plan of
Integrated Airport Systems, reflecting the percentage of the
aggregate published eligible development costs for each such
category, and then dividing the allocated funds evenly among the
eligible airports in each category, rounding up to the nearest
thousand dollars: Provided
further, <<NOTE: Distribution.>> That any remaining funds under
this paragraph shall be distributed as described in paragraph
(1) under this heading in this Act;
(3) Not less than $200,000,000 shall be available to
sponsors of primary airports to provide relief from rent and
minimum annual guarantees to on-airport car rental, on-airport
parking, and in-terminal airport concessions (as defined in part
23 of title 49, Code of Federal Regulations) located at primary
airports: Provided, That such funds shall be distributed to all
sponsors of primary airports (as defined in section 47102(16) of
title 49, United States Code) based on each such airport's
passenger enplanements compared to total passenger enplanements
of all airports defined in section 47102(16) of title 49, United
States Code, for calendar year 2019: Provided
further, <<NOTE: Requirements.>> That as a condition of
approving a grant under this paragraph, the Secretary shall
require the sponsor to provide such relief from the date of
enactment of this Act until the sponsor has provided relief
equaling the total grant amount, to the extent practicable and
to the extent permissible under state laws, local laws, and
applicable trust indentures: Provided further, That the sponsor
shall provide relief from rent and minimum annual guarantee
obligations to each eligible airport concession in an amount
that reflects each eligible airport concession's proportional
share of the total amount of the rent and minimum annual
guarantees of all the eligible airport concessions at such
airport: Provided further, <<NOTE: Priority.>> That, to the
extent permissible under this paragraph, airport sponsors shall
prioritize relief from rent and minimum annual guarantee to
minority-owned businesses: Provided further, That only airport
concessions that have certified they have not received a second
draw or assistance for a covered loan under section 7(a)(37) of
the Small Business Act (15 U.S.C. 636(a)(37)) that has been
applied toward rent or minimum annual guarantee costs shall be
eligible for relief under this paragraph and such concessions
are hereby prohibited from applying for a covered loan under
[[Page 134 STAT. 1941]]
such section for rent or minimum annual guarantee costs:
Provided further, That sponsors of primary airports may retain
up to 2 percent of the funds provided under this paragraph to
administer the relief required under this paragraph; and
(4) Up to $5,000,000 shall be available and transferred to
``Office of the Secretary, Salaries and Expenses'' to carry out
the Small Community Air Service Development Program:
Provided, <<NOTE: Time periods. Priority.>> That in allocating
funding made available in this or any previous Acts for such
program for fiscal years 2019, 2020, and 2021, the Secretary of
Transportation shall give priority to communities or consortia
of communities that have had air carrier service reduced or
suspended as a result of the coronavirus pandemic: Provided
further, <<NOTE: Publication. Procedures. Deadline.>> That the
Secretary shall publish streamlined and expedited procedures for
the solicitation of applications for assistance under this
paragraph not later than 60 days after the date of enactment of
this Act and shall make awards as soon as practicable:
Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.1 percent of the funds provided under
this heading in this Act to fund the award and oversight by the
Administrator of grants made under this heading in this Act: Provided
further, That obligations of funds under this heading in this Act shall
not be subject to any limitations on obligations provided in any Act
making annual appropriations: Provided further, <<NOTE: Workforce
retention. Extension date.>> That all airports receiving funds under
this heading in this Act shall continue to employ, through February 15,
2021, at least 90 percent of the number of individuals employed (after
making adjustments for retirements or voluntary employee separations) by
the airport as of March 27, 2020: Provided further, <<NOTE: Waiver
authority. Determination.>> That the Secretary may waive the workforce
retention requirement in the preceding proviso, if the Secretary
determines the airport is experiencing economic hardship as a direct
result of the requirement, or the requirement reduces aviation safety or
security: Provided further, That the workforce retention requirement
shall not apply to nonhub airports or nonprimary airports receiving
funds under this heading in this Act: Provided further, That the
amounts repurposed under this heading in this Act that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Federal Highway Administration
highway infrastructure programs
For an additional amount for ``Highway Infrastructure Programs'',
$10,000,000,000, to remain available until September 30, 2024, to
prevent, prepare for, and respond to coronavirus: Provided, That the
funds made available under this heading in this Act shall be derived
from the general fund of the Treasury, shall be in addition to any funds
provided for fiscal year 2021 in this or any other Act for ``Federal-aid
Highways'' under chapters 1
[[Page 134 STAT. 1942]]
or 2 of title 23, United States Code, and shall not affect the
distribution or amount of funds provided in the Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act, 2021, or
any other Act: Provided further, <<NOTE: Applicability.>> That section
1101(b) of Public Law 114-94 shall apply to funds made available under
this heading in this Act: Provided further, That notwithstanding
chapter 1 or chapter 2 of title 23, United States Code, or any other
provision of law, in addition to other eligible uses described under
this heading in this Act, a State, territory, Puerto Rico, or Indian
Tribe may use funds made available under this heading in this Act for
costs related to preventive maintenance, routine maintenance,
operations, personnel, including salaries of employees (including those
employees who have been placed on administrative leave) or contractors,
debt service payments, availability payments, and coverage for other
revenue losses: Provided further, <<NOTE: Transfer authority.>> That a
State, territory, Puerto Rico, or Indian Tribe may transfer funds made
available under this heading in this Act to State, multi-state,
international, or local public tolling agencies that own or operate a
tolled facility that is a public road, bridge, or tunnel, or a ferry
system that provides a public transportation benefit, and that was in
operation within their State in fiscal year 2020: Provided further,
That funds transferred pursuant to the preceding proviso may be used for
costs related to operations, personnel, including salaries of employees
(including those employees who have been placed on administrative leave)
or contractors, debt service payments, availability payments, and
coverage for other revenue losses of a tolled facility or ferry system,
and that, notwithstanding the previous receipt of Federal funds for such
tolled facility or ferry system, for funds made available under this
heading in this Act, the limitations on the use of revenues in
subsections (a)(3) and (c)(4) of section 129 of title 23, United States
Code, shall not apply with respect to the tolled facilities or ferry
systems for which funding is transferred pursuant to the preceding
proviso: Provided further, That of the funds made available under this
heading in this Act, $9,840,057,332 shall be available for activities
eligible under section 133(b) of title 23, United States Code,
$114,568,862 shall be available for activities eligible under the Tribal
Transportation Program, as described in section 202 of such title,
$35,845,307 shall be available for activities eligible under the Puerto
Rico Highway Program, as described in section 165(b)(2)(C)(iii) of such
title; and $9,528,499 shall be available for activities eligible under
the Territorial Highway Program, as described in section 165(c)(6) of
such title: Provided further, <<NOTE: Definition.>> That for the
purposes of funds made available under this heading in this Act the term
``State'' means any of the 50 States or the District of Columbia:
Provided further, <<NOTE: Apportionment.>> That, except as otherwise
provided under this heading in this Act, the funds made available under
this heading in this Act shall be administered as if apportioned under
chapter 1 of title 23, United States Code, except that the funds made
available under this heading in this Act for activities eligible under
the Tribal Transportation Program shall be administered as if allocated
under chapter 2 of title 23, United States Code: Provided
further, <<NOTE: Apportionment. Deadline.>> That the funds made
available under this heading in this Act for activities eligible under
section 133(b) of title 23, United States Code, shall be apportioned to
the States in the same ratio as the obligation limitation for fiscal
year 2021 is distributed among the States in accordance with the formula
[[Page 134 STAT. 1943]]
specified in section 120(a)(5) of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021 and shall be
apportioned not later than 30 days after the date of enactment of this
Act: Provided further, <<NOTE: Suballocations.>> That funds apportioned
to a State under this heading in this Act shall be suballocated within
the State to each area described in subsection 133(d)(1)(A)(i) of title
23, United States Code, in the same ratio that funds suballocated to
that area for fiscal year 2021 bears to the combined amount of funds
apportioned to the State under section 104(b)(2) of such title for
fiscal years 2020 and 2021: Provided further, That of funds made
available under this heading in this Act for activities eligible under
section 133(b) of title 23, United States Code, any such activity shall
be subject to the requirements of section 133(i) of title 23, United
States Code: Provided further, <<NOTE: Allocation.>> That, except as
provided in the following proviso, the funds made available under this
heading in this Act for activities eligible under the Puerto Rico
Highway Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections 165(b) and
165(c), respectively, of title 23, United States Code: Provided
further, That the funds made available under this heading in this Act
for activities eligible under the Puerto Rico Highway Program shall not
be subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B)
of title 23, United States Code: Provided further, That for amounts
made available under this heading in this Act, the Federal share of the
costs shall be, at the option of the State, territory, Puerto Rico, or
Indian Tribe, up to 100 percent: Provided further, That funds made
available for preventive maintenance, routine maintenance, operations,
personnel, including salaries of employees (including those employees
who have been placed on administrative leave) or contractors, debt
service payments, availability payments, and coverage for other revenue
losses under this heading in this Act are not required to be included in
a metropolitan transportation plan, a long-range statewide
transportation plan, a transportation improvement program or a statewide
transportation improvement program under sections 134 or 135 of title
23, United States Code, or chapter 53 of title 49, United States Code,
as applicable: Provided further, That unless <<NOTE: Applicability.>>
otherwise specified, applicable requirements under title 23, United
States Code, shall apply to funds made available under this heading in
this Act: Provided further, That, subject to the following proviso, the
funds made available under this heading in this Act for activities
eligible under the Tribal Transportation Program, as described in
section 202 of title 23, United States Code, may not be set-aside for
administrative expenses as described in section 202(a)(6) of such title:
Provided further, That the Administrator of the Federal Highway
Administration may retain up to $10,000,000 of the total funds made
available under this heading in this Act, to fund the oversight by the
Administrator of activities carried out with funds made available under
this heading in this Act: Provided further, That the set-asides
described in subparagraph (C) of section 202(b)(3) of title 23, United
States Code, and subsections (a)(6), (c), (d), and (e) of section 202 of
such title shall not apply to funds made available under this heading in
this Act for activities eligible under the Tribal Transportation
Program: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
[[Page 134 STAT. 1944]]
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Federal Railroad Administration
northeast corridor grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'', $655,431,000, to remain
available until expended, to prevent, prepare for, and respond to
coronavirus, including to enable the Secretary of Transportation to make
or amend existing grants to the National Railroad Passenger Corporation
for activities associated with the Northeast Corridor, as authorized by
section 11101(a) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided, That not less than
$109,805,000 of the amounts made available under this heading in this
Act and the ``National Network Grants to the National Railroad Passenger
Corporation'' heading in this Act shall be made available for use by the
National Railroad Passenger Corporation in lieu of capital payments from
States and commuter rail passenger transportation providers subject to
the cost allocation policy developed pursuant to section 24905(c) of
title 49, United States Code: Provided further, That, notwithstanding
sections 24319(g) and 24905(c)(1)(A)(i) of title 49, United States Code,
such use of funds does not constitute cross-subsidization of commuter
rail passenger transportation: Provided further, That the Secretary may
retain up to $2,030,000 of the amounts made available under both this
heading in this Act and the ``National Network Grants to the National
Railroad Passenger Corporation'' heading in this Act to fund the costs
of project management and oversight of activities authorized by section
11101(c) of the Fixing America's Surface Transportation Act (division A
of Public Law 114-94): Provided further, That amounts made available
under this heading in this Act may be transferred to and merged with
amounts made available under the heading ``National Network Grants to
the National Railroad Passenger Corporation'' in this Act to prevent,
prepare for, and respond to coronavirus: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``National Network Grants to the
National Railroad Passenger Corporation'', $344,569,000, to remain
available until expended, to prevent, prepare for, and respond to
coronavirus, including to enable the Secretary of Transportation to make
or amend existing grants to the National Railroad Passenger Corporation
for activities associated with the National Network as authorized by
section 11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law
[[Page 134 STAT. 1945]]
114-94): Provided, That $174,850,000 of the amounts made available
under this heading in this Act shall be made available for use by the
National Railroad Passenger Corporation to be apportioned toward State
payments required by the cost methodology policy adopted pursuant to
section 209 of the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432): Provided further, That <<NOTE: Apportionment.>>
a State-supported route's share of such funding under the preceding
proviso shall consist of (1) 7 percent of the costs allocated to the
route in fiscal year 2019 under the cost methodology policy adopted
pursuant to section 209 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432), and (2) any remaining amounts under
the preceding proviso shall be apportioned to a route in proportion to
its passenger revenue and other revenue allocated to a State-supported
route in fiscal year 2019 divided by the total passenger revenue and
other revenue allocated to all State-supported routes in fiscal year
2019: Provided further, That State-supported routes which terminated
service on or before February 1, 2020, shall not be included in the cost
and revenue calculations made pursuant to the preceding proviso:
Provided further, That amounts made available under this heading in this
Act may be transferred to and merged with amounts made available under
the heading ``Northeast Corridor Grants to the National Railroad
Passenger Corporation'' in this Act to prevent, prepare for, and respond
to coronavirus: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Federal Transit Administration
transit infrastructure grants
For an additional amount for ``Transit Infrastructure Grants'',
$14,000,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That of the amounts
appropriated under this heading in this Act--
(1) <<NOTE: Apportionment.>> $13,271,310,572 shall be for
grants to recipients eligible under chapter 53 of title 49,
United States Code, and administered as if such funds were
provided under section 5307 of title 49, United States Code
(apportioned in accordance with section 5336 of such title
(other than subsections (h)(1) and (h)(4))), and section 5337 of
title 49, United States Code (apportioned in accordance with
such section), except that funds apportioned under section 5337
shall be added to funds apportioned under 5307 for
administration under 5307: Provided, That
the <<NOTE: Allocation. Deadline.>> Secretary of Transportation
(referred to under this heading in this Act as the
``Secretary'') shall allocate the amounts provided in the
preceding proviso under sections 5307 and 5337 of title 49,
United States Code, in the same ratio as funds were provided
under the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94; 133 Stat. 2534) and shall allocate such amounts not
later than 30 days after the date of enactment of this Act:
Provided further, That the amounts allocated to any urbanized
area from amounts made available under this paragraph in this
Act when combined with the amounts allocated to that urbanized
area from funds appropriated under this heading in title XII of
division B of
[[Page 134 STAT. 1946]]
the CARES Act (Public Law 116-136; 134 Stat. 599)) may not
exceed 75 percent of that urbanized area's 2018 operating costs
based on data contained in the National Transit Database:
Provided further, That <<NOTE: Distribution.>> for any
urbanized area for which the calculation in the preceding
proviso exceeds 75 percent of the urbanized area's 2018
operating costs, the Secretary shall distribute funds in excess
of such percent to urbanized areas for which the calculation in
the preceding proviso does not exceed 75 percent, in the same
proportion as amounts allocated under the first proviso of this
paragraph in this Act: Provided further, That no recipient in
an urbanized area may receive more than $4,000,000,000 from the
amounts allocated under this paragraph in this Act in
combination with the amounts provided under this heading in
title XII of division B of the CARES Act (Public Law 116-136;
134 Stat. 599) until 75 percent of the funds provided to the
recipient under this heading in such title XII are obligated and
only after the recipient certifies to the Secretary that the use
of such funds in excess of such amount is necessary to prevent
layoffs or furloughs directly related to demonstrated revenue
losses directly attributable to COVID-19;
(2) <<NOTE: Apportionment.>> $50,034,973 shall be for
grants to recipients or subrecipients eligible under section
5310 of title 49, United States Code, and the Secretary shall
apportion such funds in accordance with such section: Provided,
That <<NOTE: Allocation. Deadline.>> the Secretary shall
allocate such funds in the same ratio as funds were provided
under the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94; 133 Stat. 2534) and shall allocate such funds not
later than 30 days after the date of enactment of this Act; and
(3) $678,654,455 shall be for grants to recipients or
subrecipients eligible under section 5311 of title 49, United
States Code (other than subsections (b)(3), (c)(1)(A), and (f)),
and the Secretary shall apportion such funds in accordance with
such section: Provided, <<NOTE: Allocation. Deadline.>> That
the Secretary shall allocate such funds in the same ratio as
funds were provided under the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2534) and
shall allocate funds within 30 days of enactment of this Act:
Provided further, That the amounts allocated to any State (as
defined in section 5302 of title 49, United States Code) for
rural operating costs from amounts made available under this
heading in this Act when combined with the amounts allocated to
each such State for rural operating costs from funds
appropriated under this heading in title XII of division B of
the CARES Act (Public Law 116-136; 134 Stat. 599) may not exceed
125 percent of that State's combined 2018 rural operating costs
of the recipients and subrecipients in the State based on data
contained in the National Transit Database: Provided
further, <<NOTE: Distribution.>> That for any State for which
the calculation in the preceding proviso exceeds 125 percent of
the State's combined 2018 rural operating costs of the
recipients and subrecipients in the State, the Secretary shall
distribute funds in excess of such percent to States for which
the calculation in the preceding proviso does not exceed 125
percent in the same proportion as amounts allocated under the
first proviso of this paragraph in this Act:
[[Page 134 STAT. 1947]]
Provided further, That the Secretary shall not waive the requirements
of section 5333 of title 49, United States Code, for funds appropriated
under this heading in this Act or for funds previously made available
under section 5307 of title 49, United States Code, or section 5311,
5337, or 5340 of such title as a result of COVID-19: Provided further,
That the provision of funds under this heading in this Act shall not
affect the ability of any other agency of the Government, including the
Federal Emergency Management Agency, a State agency, or a local
governmental entity, organization, or person, to provide any other funds
otherwise authorized by law: Provided further, <<NOTE: Effective
date. Reimbursements.>> That notwithstanding subsection (a)(1) or (b) of
section 5307 of title 49, United States Code, section 5310(b)(2)(A) of
that title, or any provision of chapter 53 of that title, funds provided
under this heading in this Act are available for the operating expenses
of transit agencies related to the response to a COVID-19 public health
emergency, including, beginning on January 20, 2020, reimbursement for
operating costs to maintain service and lost revenue due to the COVID-19
public health emergency, including the purchase of personal protective
equipment, and paying the administrative leave of operations or
contractor personnel due to reductions in service: Provided
further, <<NOTE: Certification.>> That to the maximum extent possible,
funds made available under this heading in this Act and in title XII of
division B of the CARES Act (Public Law 116-136; 134 Stat. 599) shall be
directed to payroll and operations of public transit (including payroll
and expenses of private providers of public transportation), unless the
recipient certifies to the Secretary that the recipient has not
furloughed any employees: Provided further, That such operating
expenses are not required to be included in a transportation improvement
program, long-range transportation plan, statewide transportation plan,
or a statewide transportation improvement program: Provided
further, <<NOTE: Eligibility.>> That private providers of public
transportation shall be considered eligible subrecipients of funding
provided under this heading in this Act and in title XII of division B
of the CARES Act (Public Law 116-136; 134 Stat. 599): Provided
further, <<NOTE: Applicability.>> That unless otherwise specified,
applicable requirements under chapter 53 of title 49, United States
Code, shall apply to funding made available under this heading in this
Act, except that the Federal share of the costs for which any grant is
made under this heading in this Act shall be, at the option of the
recipient, up to 100 percent: Provided further, That the amount made
available under this heading in this Act shall be derived from the
general fund of the Treasury and shall not be subject to any limitation
on obligations for transit programs set forth in any Act: Provided
further, That the Federal share of costs for any unobligated grant funds
under section 5310 of title 49, United States Code, as of the date of
enactment of this Act shall be, at the option of the recipient, up to
100 percent: Provided further, That of the amounts made available under
this heading in this Act, up to $10,000,000 may be retained by the
Administrator of the Federal Transit Administration to fund ongoing
program management and oversight activities described in sections 5334
and 5338(f)(2) of title 49, United States Code, and shall be in addition
to any other appropriations for such purpose: Provided further, That
the amounts repurposed under this heading in this Act that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are
[[Page 134 STAT. 1948]]
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 401. Amounts made available in this Act under the headings
``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National Railroad
Passenger Corporation'' shall be used under the same conditions as
section 22002 of title XII of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136), except as otherwise
noted in this Act: Provided, That the amounts made available in this
Act under such headings shall be used by the National Railroad Passenger
Corporation, to: (1) prevent further employee furloughs that are a
result of efforts to prevent, prepare for, and respond to coronavirus;
and (2) prevent further reductions to the frequency of rail service on
any long-distance route (as defined in section 24102 of title 49, United
States Code) except in an emergency or during maintenance or
construction outages impacting such routes: Provided further, That the
coronavirus shall not qualify as an emergency in the preceding proviso:
Provided <<NOTE: Furloughs.>> further, That in the event of any
National Railroad Passenger Corporation employee furloughs as a result
of efforts to prevent, prepare for, and respond to coronavirus, the
National Railroad Passenger Corporation shall provide such employees the
opportunity to be recalled to work in accordance with their seniority
and classification of work, regardless of their time in the National
Railroad Passenger Corporation's service, as intercity passenger rail
service is restored: Provided further, That the National Railroad
Passenger Corporation shall be prohibited from contracting out any
scope-covered work conducted by an employee who was furloughed through
reductions in the workforce as a result of efforts to prevent, prepare
for, and respond to coronavirus, unless such contracting was in place
prior to March 1, 2020 or is done by agreement with the Labor
Organization representing such employee.
TITLE V
GENERAL PROVISIONS--THIS ACT
Sec. 501. Each amount appropriated or made available by this Act is
in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. Unless otherwise provided for by this Act, the additional
amounts appropriated by this Act to appropriations accounts shall be
available under the authorities and conditions applicable to such
appropriations accounts for fiscal year 2021.
Sec. 504. <<NOTE: President.>> Any amount appropriated by this Act,
designated by the Congress as an emergency requirement pursuant to
section
[[Page 134 STAT. 1949]]
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985 and subsequently so designated by the President, and transferred
pursuant to transfer authorities provided by this Act shall retain such
designation.
Sec. 505. Solely for the purpose of calculating a breach within a
category for fiscal year 2021 pursuant to section 251(a) or section 254
of the Balanced Budget and Emergency Deficit Control Act of 1985, and
notwithstanding any other provision of this division, the budgetary
effects from this division shall be counted as amounts designated as
being for an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
This division may be cited as the ``Coronavirus Response and Relief
Supplemental Appropriations Act, 2021''.
DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
TITLE I--HEALTHCARE
SEC. 101. <<NOTE: Fee schedules.>> SUPPORTING PHYSICIANS AND
OTHER PROFESSIONALS IN ADJUSTING TO
MEDICARE PAYMENT CHANGES DURING 2021.
(a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
1395w-4) is amended by adding at the end the following new subsection:
``(t) Supporting Physicians and Other Professionals in Adjusting to
Medicare Payment Changes During 2021.--
``(1) <<NOTE: Time period.>> In general.--In order to
support physicians and other professionals in adjusting to
changes in payment for physicians' services during 2021, the
Secretary shall increase fee schedules under subsection (b) that
establish payment amounts for such services furnished on or
after January 1, 2021, and before January 1, 2022, by 3.75
percent.
``(2) Implementation.--
``(A) Administration.--Notwithstanding any other
provision of law, the Secretary may implement this
subsection by program instruction or otherwise.
``(B) Limitation.--There shall be no administrative
or judicial review under section 1869, 1878 or otherwise
of the fee schedules that establish payment amounts
calculated pursuant to this subsection.
``(C) <<NOTE: Determination.>> Application only for
2021.--The increase in fee schedules that establish
payment amounts under this subsection shall not be taken
into account in determining such fee schedules that
establish payment amounts for services furnished in
years after 2021.
``(3) Funding.--For purposes of increasing the fee schedules
that establish payment amounts pursuant to this subsection--
``(A) <<NOTE: Transfer authority.>> there shall be
transferred from the General Fund of the Treasury to the
Federal Supplementary Medical Insurance Trust Fund under
section 1841, $3,000,000,000, to remain available until
expended; and
``(B) <<NOTE: Determination.>> in the event the
Secretary determines additional amounts are necessary,
such amounts shall be available
[[Page 134 STAT. 1950]]
from the Federal Supplementary Medical Insurance Trust
Fund.''.
(b) Exemption of Additional Expenditures From Physician Fee Schedule
Budget-neutrality.--Such section 1848 is amended, in subsection
(c)(2)(B)(iv)--
(1) in subclause (III), by striking ``and'' at the end;
(2) in subclause (IV), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subclause:
``(V) subsection (t) shall not be
taken into account in applying clause
(ii)(II) for 2021.''.
(c) Report.--Not later than April 1, 2022, the Secretary of Health
and Human Services shall submit a report to the Committee on Finance of
the Senate and the Committee on Ways and Means and the Committee on
Energy and Commerce of the House of Representatives on the increase in
fee schedules that establish payment amounts for physicians' services
under section 1848(t) of the Social Security Act, as added by subsection
(a). Such report shall include the aggregate amount of the increase in
payment amounts under such section, including information regarding any
payments made in excess of the amount of funding provided under
paragraph (3)(A) of such section.
SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE
SEQUESTRATION.
(a) In General.--Section 3709(a) of division A of the CARES Act (2
U.S.C. 901a note) is <<NOTE: Ante, p. 421.>> amended by striking
``December 31, 2020'' and inserting ``March 31, 2021''.
(b) <<NOTE: 2 USC 901a note.>> Effective Date.--The amendment made
by subsection (a) shall take effect as if enacted as part of the CARES
Act (Public Law 116-136).
TITLE II--ASSISTANCE TO INDIVIDUALS, FAMILIES, AND BUSINESSES
Subtitle A--Unemployment Insurance
CHAPTER 1 <<NOTE: Continued Assistance for Unemployed Workers Act of
2020.>> --CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
SEC. 200. <<NOTE: 15 USC 9001 note.>> SHORT TITLE.
This chapter may be cited as the ``Continued Assistance for
Unemployed Workers Act of 2020''.
Subchapter I--Extension of CARES Act Unemployment Provisions
SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
9021(c)) <<NOTE: Ante, p. 313.>> is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) in subparagraph (A)(ii), by striking ``December
31, 2020'' and inserting ``March 14, 2021''; and
[[Page 134 STAT. 1951]]
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Transition rule for individuals remaining entitled to
pandemic unemployment assistance as of march 14, 2021.--
``(A) In general.--Subject to subparagraph (B), in
the case of any individual who, as of the date specified
in paragraph (1)(A)(ii), is receiving pandemic
unemployment assistance but has not yet exhausted all
rights to such assistance under this section, pandemic
unemployment assistance shall continue to be payable to
such individual for any week beginning on or after such
date for which the individual is otherwise eligible for
pandemic unemployment assistance.
``(B) Termination.--Notwithstanding any other
provision of this subsection, no pandemic unemployment
assistance shall be payable for any week beginning after
April 5, 2021.''.
(b) Increase in Number of Weeks.--Section 2102(c)(2) of the CARES
Act (15 U.S.C. 9021(c)(2)) is amended--
(1) by striking ``39 weeks'' and inserting ``50 weeks''; and
(2) by striking ``39-week period'' and inserting ``50-week
period''.
(c) Appeals.--
(1) In general.--Section 2102(c) of the CARES Act (15 U.S.C.
9021(c)), as amended by subsections (a) and (b), is amended by
adding at the end the following:
``(5) Appeals by an individual.--
``(A) In general.--An individual may appeal any
determination or redetermination regarding the rights to
pandemic unemployment assistance under this section made
by the State agency of any of the States.
``(B) Procedure.--All levels of appeal filed under
this paragraph in the 50 states, the District of
Columbia, the Commonwealth of Puerto Rico, and the
Virgin Islands--
``(i) shall be carried out by the applicable
State that made the determination or
redetermination; and
``(ii) shall be conducted in the same manner
and to the same extent as the applicable State
would conduct appeals of determinations or
redeterminations regarding rights to regular
compensation under State law.
``(C) Procedure for certain territories.--With
respect to any appeal filed in Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the
Federated States of Micronesia, Republic of the Marshall
Islands, and the Republic of Palau--
``(i) lower level appeals shall be carried out
by the applicable entity within the State;
``(ii) if a higher level appeal is allowed by
the State, the higher level appeal shall be
carried out by the applicability entity within the
State; and
``(iii) appeals described in clauses (i) and
(ii) shall be conducted in the same manner and to
the same extent as appeals of regular unemployment
compensation are conducted under the unemployment
compensation law of Hawaii.''.
[[Page 134 STAT. 1952]]
(2) <<NOTE: 15 USC 9021 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as if enacted
as part of division A of the CARES Act (Public Law 116-136),
except that any decision issued on appeal or review before the
date of enactment of this Act shall not be affected by the
amendment made by paragraph (1).
(d) Waiver Authority for Certain Overpayments of Pandemic
Unemployment Assistance.--Section 2102(d) of the CARES Act (15 U.S.C.
9021(d)) is amended by adding at the end the following:
``(4) <<NOTE: Requirement. Determination.>> Waiver
authority.--In the case of individuals who have received amounts
of pandemic unemployment assistance to which they were not
entitled, the State shall require such individuals to repay the
amounts of such pandemic unemployment assistance to the State
agency, except that the State agency may waive such repayment if
it determines that--
``(A) the payment of such pandemic unemployment
assistance was without fault on the part of any such
individual; and
``(B) such repayment would be contrary to equity and
good conscience.''.
(e) <<NOTE: Determination. 15 USC 9021 note.>> Hold Harmless for
Proper Administration.--In the case of an individual who is eligible to
receive pandemic unemployment assistance under section 2102 the CARES
Act (15 U.S.C. 9021) as of the day before the date of enactment of this
Act and on the date of enactment of this Act becomes eligible for
pandemic emergency unemployment compensation under section 2107 of the
CARES Act (15 U.S.C. 9025) by reason of the amendments made by section
206(b) of this subtitle, any payment of pandemic unemployment assistance
under such section 2102 made after the date of enactment of this Act to
such individual during an appropriate period of time, as determined by
the Secretary of Labor, that should have been made under such section
2107 shall not be considered to be an overpayment of assistance under
such section 2102, except that an individual may not receive payment for
assistance under section 2102 and a payment for assistance under section
2107 for the same week of unemployment.
(f) <<NOTE: Applicability. 15 USC 9021 note.>> Limitation.--In the
case of a covered individual whose first application for pandemic
unemployment assistance under section 2102 of the CARES Act (15 U.S.C.
9021) is filed after the date of enactment of this Act, subsection
(c)(1)(A)(i) of such section 2102 shall be applied by substituting
``December 1, 2020'' for ``January 27, 2020''.
(g) <<NOTE: Applicability. 15 USC 9021 note.>> Effective Date.--The
amendments made by subsections (a), (b), (c), and (d) shall apply as if
included in the enactment of the CARES Act (Public Law 116-136), except
that no amount shall be payable by virtue of such amendments with
respect to any week of unemployment commencing before the date of the
enactment of this Act.
SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR
GOVERNMENTAL ENTITIES AND NONPROFIT
ORGANIZATIONS.
Section 903(i)(1)(D) of the Social Security Act (42 U.S.C.
1103(i)(1)(D)) is amended by striking ``December 31, 2020'' and
inserting ``March 14, 2021''.
[[Page 134 STAT. 1953]]
SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(e) of the CARES Act (15 U.S.C.
9023(e)) is amended to read as follows:
``(e) <<NOTE: Time periods.>> Applicability.--An agreement entered
into under this section shall apply--
``(1) to weeks of unemployment beginning after the date on
which such agreement is entered into and ending on or before
July 31, 2020; and
``(2) to weeks of unemployment beginning after December 26,
2020 (or, if later, the date on which such agreement is entered
into), and ending on or before March 14, 2021.''.
(b) Amount.--
(1) In general.--Section 2104(b) of the CARES Act (15 U.S.C.
9023(b)) is amended--
(A) in paragraph (1)(B), by striking ``of $600'' and
inserting ``equal to the amount specified in paragraph
(3)''; and
(B) by adding at the end the following new
paragraph:
``(3) Amount of federal pandemic unemployment
compensation.--
``(A) <<NOTE: Time periods.>> In general.--The
amount specified in this paragraph is the following
amount:
``(i) For weeks of unemployment beginning
after the date on which an agreement is entered
into under this section and ending on or before
July 31, 2020, $600.
``(ii) For weeks of unemployment beginning
after December 26, 2020 (or, if later, the date on
which such agreement is entered into), and ending
on or before March 14, 2021, $300.''.
(2) Technical amendment regarding application to short-time
compensation programs and agreements.--Section 2104(i)(2) of the
CARES Act (15 U.S.C. 9023(i)(2)) is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) short-time compensation under a short-time
compensation program (as defined in section 3306(v) of
the Internal Revenue Code of 1986).''.
SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST WEEK OF
COMPENSABLE REGULAR UNEMPLOYMENT FOR
STATES WITH NO WAITING WEEK.
Section 2105 of the CARES Act (15 U.S.C. 9024) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``There shall be
paid'' and inserting ``Except as provided in paragraph
(3), there shall be paid''; and
(B) by adding at the end the following:
``(3) <<NOTE: Applicability.>> Partial reimbursement.--With
respect to compensation paid to individuals for weeks of
unemployment ending after December 31, 2020, paragraph (1) shall
be applied by substituting `50 percent' for `100 percent'.'';
and
[[Page 134 STAT. 1954]]
(2) in subsection (e)(2), by striking ``December 31, 2020''
and inserting ``March 14, 2021''.
SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY.
Section 4102(b) of the Families First Coronavirus Response Act (26
U.S.C. 3304 note), in the second sentence, is amended by striking
``December 31, 2020'' and inserting ``March 14, 2021''.
SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2107(g) of the CARES Act (15 U.S.C.
9025(g)) is amended to read as follows:
``(g) Applicability.--
``(1) <<NOTE: Time period.>> In general.--Except as
provided in paragraphs (2) and (3), an agreement entered into
under this section shall apply to weeks of unemployment--
``(A) beginning after the date on which such
agreement is entered into; and
``(B) ending on or before March 14, 2021.
``(2) Transition rule for individuals remaining entitled to
pandemic emergency unemployment compensation as of march 14,
2021.--In the case of any individual who, as of the date
specified in paragraph (1)(B), is receiving Pandemic Emergency
Unemployment Compensation but has not yet exhausted all rights
to such assistance under this section, Pandemic Emergency
Unemployment Compensation shall continue to be payable to such
individual for any week beginning on or after such date for
which the individual is otherwise eligible for Pandemic
Emergency Unemployment Compensation.
``(3) Termination.--Notwithstanding any other provision of
this subsection, no Pandemic Emergency Unemployment Compensation
shall be payable for any week beginning after April 5, 2021.''.
(b) Increase in Number of Weeks.--Section 2107(b)(2) of the CARES
Act (15 U.S.C. 9025(b)(2)) is amended by striking ``13'' and inserting
``24''.
(c) Coordination Rules.--
(1) Coordination of pandemic emergency unemployment
compensation with regular compensation.--Section 2107(b) of the
CARES Act (15 U.S.C. 9025(b)) is amended by adding at the end
the following:
``(4) Coordination of pandemic emergency unemployment
compensation with regular compensation.--
``(A) <<NOTE: Determination.>> In general.--If--
``(i) an individual has been determined to be
entitled to pandemic emergency unemployment
compensation with respect to a benefit year;
``(ii) that benefit year has expired;
``(iii) that individual has remaining
entitlement to pandemic emergency unemployment
compensation with respect to that benefit year;
and
``(iv) that individual would qualify for a new
benefit year in which the weekly benefit amount of
regular compensation is at least $25 less than the
individual's weekly benefit amount in the benefit
year referred to in clause (i),
then the State shall determine eligibility for
compensation as provided in subparagraph (B).
[[Page 134 STAT. 1955]]
``(B) Determination of eligibility.--For individuals
described in subparagraph (A), the State shall determine
whether the individual is to be paid pandemic emergency
unemployment compensation or regular compensation for a
week of unemployment using one of the following methods:
``(i) The State shall, if permitted by State
law, establish a new benefit year, but defer the
payment of regular compensation with respect to
that new benefit year until exhaustion of all
pandemic emergency unemployment compensation
payable with respect to the benefit year referred
to in subparagraph (A)(i).
``(ii) The State shall, if permitted by State
law, defer the establishment of a new benefit year
(which uses all the wages and employment which
would have been used to establish a benefit year
but for the application of this subparagraph),
until exhaustion of all pandemic emergency
unemployment compensation payable with respect to
the benefit year referred to in subparagraph
(A)(i).
``(iii) The State shall pay, if permitted by
State law--
``(I) regular compensation equal to
the weekly benefit amount established
under the new benefit year; and
``(II) pandemic emergency
unemployment compensation equal to the
difference between that weekly benefit
amount and the weekly benefit amount for
the expired benefit year.
``(iv) The State shall determine rights to
pandemic emergency unemployment compensation
without regard to any rights to regular
compensation if the individual elects to not file
a claim for regular compensation under the new
benefit year.''.
(2) Coordination of pandemic emergency unemployment
compensation with extended compensation.--
(A) Individuals receiving extended compensation as
of the date of enactment.--Section 2107(a)(5) of the
CARES Act (15 U.S.C. 9025(a)(5)) is amended--
(i) by striking ``Rule.--An agreement'' and
inserting the following: ``Rules.--
``(A) In general.--Subject to subparagraph (B), an
agreement''; and
(ii) by adding at the end the following:
``(B) Special rule.--In the case of an individual
who is receiving extended compensation under the State
law for the week that includes the date of enactment of
this subparagraph (without regard to the amendments made
by subsections (a) and (b) of section 206 of the
Continued Assistance for Unemployed Workers Act of
2020), such individual shall not be eligible to receive
pandemic emergency unemployment compensation by reason
of such amendments until such individual has exhausted
all rights to such extended benefits.''.
(B) Eligibility for extended compensation.--Section
2107(a) of the CARES Act (15 U.S.C. 9025(a)) is amended
by adding at the end the following:
[[Page 134 STAT. 1956]]
``(8) <<NOTE: Time period.>> Special rule for extended
compensation.--At the option of a State, for any weeks of
unemployment beginning after the date of the enactment of this
paragraph and before April 12, 2021, an individual's eligibility
period (as described in section 203(c) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note)) shall, for purposes of any determination of eligibility
for extended compensation under the State law of such State, be
considered to include any week which begins--
``(A) after the date as of which such individual
exhausts all rights to pandemic emergency unemployment
compensation; and
``(B) during an extended benefit period that began
on or before the date described in subparagraph (A).''.
(d) <<NOTE: Applicability. 15 USC 9025 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply as if included in
the enactment of the CARES Act (Public Law 116-136), except that
no amount shall be payable by virtue of such amendments with
respect to any week of unemployment commencing before the date
of the enactment of this Act.
(2) Coordination rules.--The amendments made by subsection
(c)(1) shall apply to individuals whose benefit years, as
described in section 2107(b)(4)(A)(ii) of the CARES Act, expire
after the date of enactment of this Act.
SEC. 207. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
COMPENSATION PAYMENTS IN STATES WITH
PROGRAMS IN LAW.
Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is
amended by striking ``December 31, 2020'' and inserting ``March 14,
2021''.
SEC. 208. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
COMPENSATION AGREEMENTS FOR STATES
WITHOUT PROGRAMS IN LAW.
Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is
amended by striking ``December 31, 2020'' and inserting ``March 14,
2021''.
SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO REGULATION IN CARES
ACT.
(a) In General.--Section 2102(h) of the CARES Act (Public Law 116-
136) <<NOTE: Ante, p. 317.>> is amended by striking ``section 625'' in
each place it appears and inserting ``part 625''.
(b) <<NOTE: 15 USC 9021 note.>> Effective Date.--The amendment made
by this section shall take effect as if included in section 2102 of the
CARES Act (Public Law 116-136).
Subchapter II--Extension of FFCRA Unemployment Provisions
SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH
ADVANCES.
Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
1322(b)(10)(A)) is amended by striking ``December 31, 2020'' and
inserting ``March 14, 2021''.
[[Page 134 STAT. 1957]]
SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED
UNEMPLOYMENT COMPENSATION.
Section 4105 of the Families First Coronavirus Response Act (26
U.S.C. 3304 note) is amended--
(1) in subsection (a), by striking ``December 31, 2020'' and
inserting ``March 14, 2021''; and
(2) in subsection (b), by striking ``ending on or before
December 31, 2020'' and inserting ``before March 14, 2021''.
Subchapter III-- <<NOTE: Continued Assistance to Rail Workers Act of
2020.>> Continued Assistance to Rail Workers
SEC. 231. <<NOTE: 45 USC 367 note.>> SHORT TITLE.
This subchapter may be cited as the ``Continued Assistance to Rail
Workers Act of 2020''.
SEC. 232. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) <<NOTE: Time periods.>> In General.--Section 2(a)(5)(A) of the
Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is
amended--
(1) in the first sentence--
(A) by inserting ``and for registration periods
beginning after December 26, 2020, but on or before
March 14, 2021,'' after ``July 31, 2020,'';
(B) by striking ``in the amount of $1,200''; and
(C) by striking ``July 1, 2019'' and inserting
``July 1, 2019, or July 1, 2020''; and
(2) by adding at the end the following: ``For registration
periods beginning on or after April 1, 2020, but on or before
July 31, 2020, the recovery benefit payable under this
subparagraph shall be in the amount of $1,200. For registration
periods beginning after December 26, 2020, but on or before
March 14, 2021, the recovery benefit payable under this
subparagraph shall be in the amount of $600.''.
(b) <<NOTE: 45 USC 352 note.>> Clarification on Authority to Use
Funds.--Funds appropriated under subparagraph (B) of section 2(a)(5) of
the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be
available to cover the cost of recovery benefits provided under such
section 2(a)(5) by reason of the amendments made by subsection (a) as
well as to cover the cost of such benefits provided under such section
2(a)(5) as in effect on the day before the date of enactment of this
Act.
SEC. 233. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) In General.--Section 2(c)(2)(D) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``130 days'' and
inserting ``185 days'';
(B) in subclause (II), by striking ``13 consecutive
14-day periods'' and inserting ``19 consecutive 14-day
periods, except that no extended benefit period shall
end before 6 consecutive 14-day periods after the date
of enactment of the Continued Assistance for Unemployed
Workers Act of 2020 have elapsed'';
[[Page 134 STAT. 1958]]
(2) in clause (ii), by striking ``if such clause had not
been enacted.'' and inserting ``if such clause had not been
enacted and if--
``(A) subparagraph (A) were applied
by substituting `120 days of
unemployment' for `65 days of
unemployment'; and
``(B) subparagraph (B) were applied
by inserting `(or, in the case of
unemployment benefits, 12 consecutive
14-day periods, except that no extended
benefit period shall end before 6
consecutive 14-day periods after the
date of enactment of the Continued
Assistance for Unemployed Workers Act of
2020 have elapsed)' after `7 consecutive
14-day periods'.''; and
(3) in clause (iii)--
(A) by striking ``June 30, 2020'' and inserting
``June 30, 2021'';
(B) by striking ``no extended benefit period under
this paragraph shall begin after December 31, 2020'' and
inserting ``the provisions of clauses (i) and (ii) shall
not apply to any employee whose extended benefit period
under subparagraph (B) begins after March 14, 2021, and
shall not apply to any employee with respect to any
registration period beginning after April 5, 2021.'';
and
(C) by striking ``clause (iv)'' and inserting
``clause (v)'';
(4) by redesignating clause (iv) as clause (v); and
(5) by inserting after clause (iii) the following:
``(iv) Treatment of certain calendar days.--No
calendar day occurring during the period beginning
on the first date with respect to which the
employee has exhausted all rights to extended
unemployment benefits under this paragraph as in
effect on the day before the date of enactment of
the Continued Assistance for Unemployed Workers
Act of 2020 and ending with the date of such
enactment may be treated as a day of unemployment
for purposes of the payment of extended
unemployment benefits under this paragraph.''.
(b) <<NOTE: 45 USC 352 note.>> Application.--The amendments made by
subsection (a) shall apply as if included in the enactment of the CARES
Act (15 U.S.C. 9001 et seq.).
(c) <<NOTE: 45 USC 352 note.>> Clarification on Authority to Use
Fund.--Funds appropriated under either the first or second sentence of
clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance
Act (as redesignated by subsection (a)(4)) shall be available to cover
the cost of additional extended unemployment benefits provided under
such section 2(c)(2)(D) by reason of the amendments made by subsection
(a) as well as to cover the cost of such benefits provided under such
section 2(c)(2)(D) as in effect on the day before the date of enactment
of this Act.
SEC. 234. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR
BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.
(a) In General.--Section 2112(a) of the CARES Act (15 U.S.C.
9030(a)) is amended by striking ``December 31, 2020'' and inserting
``March 14, 2021''.
[[Page 134 STAT. 1959]]
(b) <<NOTE: 15 USC 9030 note.>> Operating Instructions and
Regulations.--The Railroad Retirement Board may prescribe any operating
instructions or regulations necessary to carry out this section.
(c) <<NOTE: 15 USC 9030 note.>> Clarification on Authority To Use
Funds.--Funds appropriated under section 2112(c) of the CARES Act (15
U.S.C. 9030(c)) shall be available to cover the cost of additional
benefits payable due to section 2112(a) of such Act by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits payable due to such section 2112(a) as in effect on the day
before the date of enactment of this Act.
SEC. 235. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT
INSURANCE ACCOUNT.
(a) In General.--Section 256(i)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any payment made from the Railroad Unemployment
Insurance Account (established by section 10 of the Railroad
Unemployment Insurance Act) for the purpose of carrying out the
Railroad Unemployment Insurance Act, and funds appropriated or
transferred to or otherwise deposited in such Account,''.
(b) <<NOTE: 2 USC 906 note.>> Effective Date.--The treatment of
payments made from the Railroad Unemployment Insurance Account pursuant
to the amendment made by subsection (a)--
(1) shall take effect 7 days after the date of the enactment
of this Act; and
(2) <<NOTE: Applicability. Time period.>> shall apply only
to obligations incurred during the period beginning on the
effective date described in paragraph (1) and ending on the date
that is 30 days after the date on which the national emergency
concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020, under the National
Emergencies Act (50 U.S.C. 1601 et seq.) terminates.
(c) <<NOTE: Repeal. 2 USC 906 and note.>> Sunset.--The amendments
made by subsection (a) shall be repealed on the date that is 30 days
after the date on which the national emergency concerning the novel
coronavirus disease (COVID-19) outbreak declared by the President on
March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et
seq.) terminates.
Subchapter IV--Improvements to Pandemic Unemployment Assistance to
Strengthen Program Integrity
SEC. 241. REQUIREMENT TO SUBSTANTIATE EMPLOYMENT OR SELF-
EMPLOYMENT AND WAGES EARNED OR PAID TO
CON-
FIRM ELIGIBILITY FOR PANDEMIC
UNEMPLOYMENT
ASSISTANCE.
(a) In General.--Section 2102(a)(3)(A) of the CARES Act (15 U.S.C.
9021(a)(3)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) by inserting after clause (ii) the following:
[[Page 134 STAT. 1960]]
``(iii) <<NOTE: Deadline.>> provides
documentation to substantiate employment or self-
employment or the planned commencement of
employment or self-employment not later than 21
days after the later of the date on which the
individual submits an application for pandemic
unemployment assistance under this section or the
date on which an individual is directed by the
State Agency to submit such documentation in
accordance with section 625.6(e) of title 20, Code
of Federal Regulations, or any successor thereto,
except that such deadline may be extended if the
individual has shown good cause under applicable
State law for failing to submit such
documentation; and''.
(b) <<NOTE: 15 USC 9021 note.>> Applicability.--
(1) <<NOTE: Effective date.>> In general.--Subject to
paragraphs (2) and (3), the amendments made by subsection (a)
shall apply to any individual who files a new application for
pandemic unemployment assistance or claims pandemic unemployment
assistance for any week of unemployment under section 2102 of
the CARES Act (15 U.S.C. 9021) on or after January 31, 2021.
(2) Special rule.--An individual who received pandemic
unemployment assistance under section 2102 of the CARES Act (15
U.S.C. 9021) for any week ending before the date of enactment of
this Act shall not be considered ineligible for such assistance
for such week solely by reason of failure to submit
documentation described in clause (iii) of subsection (a)(3)(A)
of such section 2102, as added by subsection (a).
(3) <<NOTE: Time period.>> Prior applicants.--With respect
to an individual who applied for pandemic unemployment
assistance under section 2102 of the CARES Act (15 U.S.C. 9021)
before January 31, 2021, and receives such assistance on or
after the date of enactment of this Act, clause (iii) of
subsection (a)(3)(A) of such section shall be applied by
substituting ``90 days'' for ``21 days''.
SEC. 242. REQUIREMENT FOR STATES TO VERIFY IDENTITY OF APPLICANTS
FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(f) of the CARES Act (15 U.S.C.
9021(f)) is amended--
(1) in paragraph (1), by inserting ``, including procedures
for identity verification or validation and for timely payment,
to the extent reasonable and practicable'' before the period at
the end; and
(2) in paragraph (2)(B), by inserting ``and expenses related
to identity verification or validation and timely and accurate
payment'' before the period at the end.
(b) <<NOTE: Effective date. 15 USC 9021 note.>> Applicability.--The
requirements imposed by the amendments made by this section shall apply,
with respect to agreements made under section 2102 of the CARES Act,
beginning on the date that is 30 days after the date of enactment of
this Act.
[[Page 134 STAT. 1961]]
Subchapter V--Return to Work Reporting Requirement
SEC. 251. RETURN TO WORK REPORTING FOR CARES ACT AGREEMENTS.
(a) In General.--Subtitle A of title II of division A of the CARES
Act (Public Law 116-136) is amended by adding at the end the following:
``SEC. 2117. <<NOTE: 15 USC 9033.>> RETURN TO WORK REPORTING.
``Each State participating in an agreement under any of the
preceding sections of this subtitle shall have in effect a method to
address any circumstances in which, during any period during which such
agreement is in effect, claimants of unemployment compensation refuse to
return to work or to accept an offer of suitable work without good
cause. Such method shall include the following:
``(1) <<NOTE: Notification.>> A reporting method for
employers, such as through a phone line, email, or online
portal, to notify the State agency when an individual refuses an
offer of employment.
``(2) <<NOTE: Notice.>> A plain-language notice provided to
such claimants about State return to work laws, rights to refuse
to return to work or to refuse suitable work, including what
constitutes suitable work, and a claimant's right to refuse work
that poses a risk to the claimant's health or safety, and
information on contesting the denial of a claim that has been
denied due to a report by an employer that the claimant refused
to return to work or refused suitable work.''.
(b) <<NOTE: 15 USC 9033 note.>> Effective Date.--The requirements
imposed by this section shall take effect 30 days from the date of
enactment of this Act.
Subchapter VI--Other Related Provisions and Technical Corrections
SECTION 261. MIXED EARNER UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(b) of the CARES Act (15 U.S.C.
9023(b)(1)), as amended by section 1103, is further amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period at
the end and inserting ``, plus''; and
(B) by adding at the end the following:
``(C) an additional amount of $100 (in this section
referred to as `Mixed Earner Unemployment Compensation')
in any case in which the individual received at least
$5,000 of self-employment income (as defined in section
1402(b) of the Internal Revenue Code of 1986) in the
most recent taxable year ending prior to the
individual's application for regular compensation.'';
and
(2) by adding at the end the following:
``(4) Certain documentation required.--An agreement under
this section shall include a requirement, similar to the
requirement under section 2102(a)(3)(A)(iii), for the
substantiation of self-employment income with respect to each
applicant for Mixed Earner Unemployment Compensation under
paragraph (1)(C).''.
(b) Conforming Amendments.--
(1) Federal pandemic unemployment compensation.--Section
2104 of such Act is amended--
[[Page 134 STAT. 1962]]
(A) by inserting ``or Mixed Earner Unemployment
Compensation'' after ``Federal Pandemic Unemployment
Compensation'' each place such term appears in
subsection (b)(2), (c), or (f) of such section;
(B) in subsection (d), by inserting ``and Mixed
Earner Unemployment Compensation'' after ``Federal
Pandemic Unemployment Compensation''; and
(C) <<NOTE: Applicability.>> in subsection (g), by
striking ``provide that'' and all that follows through
the end and inserting ``provide that--
``(1) the purposes of the preceding provisions of this
section, as such provisions apply with respect to Federal
Pandemic Unemployment Compensation, shall be applied with
respect to unemployment benefits described in subsection (i)(2)
to the same extent and in the same manner as if those benefits
were regular compensation; and
``(2) the purposes of the preceding provisions of this
section, as such provisions apply with respect to Mixed Earner
Unemployment Compensation, shall be applied with respect to
unemployment benefits described in subparagraph (A), (B), (D),
or (E) of subsection (i)(2) to the same extent and in the same
manner as if those benefits were regular compensation.''.
(2) Pandemic emergency unemployment compensation.--Section
2107(a)(4)(A) of such Act is amended--
(A) in clause (i), by striking ``and'';
(B) in clause (ii), by striking ``section 2104;''
and inserting ``section 2104(b)(1)(B); and''; and
(C) by adding at the end the following:
``(iii) the amount (if any) of Mixed Earner
Unemployment Compensation under section
2104(b)(1)(C);''.
(c) <<NOTE: Applicability. Effective date. 15 USC 9023 note.>>
State's Right of Non-participation.--Any State participating in an
agreement under section 2104 of the CARES Act may elect to continue
paying Federal Pandemic Unemployment Compensation under such agreement
without providing Mixed Earner Unemployment Compensation pursuant to the
amendments made by this section. Such amendments shall apply with
respect to such a State only if the State so elects, in which case such
amendments shall apply with respect to weeks of unemployment beginning
on or after the later of the date of such election or the date of
enactment of this section.
SEC. 262. <<NOTE: 42 USC 5174 note.>> LOST WAGES ASSISTANCE
RECOUPMENT FAIRNESS.
(a) Definitions.--In this section--
(1) the term ``covered assistance'' means assistance
provided for supplemental lost wages payments under subsections
(e)(2) and (f) of section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174), as
authorized under the emergency declaration issued by the
President on March 13, 2020, pursuant to section 501(b) of such
Act (42 U.S.C. 5191(b)) and under any subsequent major disaster
declaration under section 401 of such Act (42 U.S.C. 5170) that
supersedes such emergency declaration; and
(2) the term ``State'' has the meaning given the term in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
[[Page 134 STAT. 1963]]
(b) <<NOTE: Requirement. Determination.>> Waiver Authority for
State Liability.--In the case of any individual who has received amounts
of covered assistance to which the individual is not entitled, the State
shall require the individual to repay the amounts of such assistance to
the State agency, except that the State agency may waive such repayment
if the State agency determines that--
(1) the payment of such covered assistance was without fault
on the part of the individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Waiver Authority for Federal Liability.--Any waiver of debt
issued by a State under subsection (b) shall also waive the debt owed to
the United States.
(d) Reporting.--
(1) State reporting.--If a State issues a waiver of debt
under subsection (b), the State shall report such waiver to the
Administrator of the Federal Emergency Management Agency.
(2) <<NOTE: Assessment.>> OIG reporting.--Not later than 6
months after the date of enactment of this Act, the Inspector
General of the Department of Homeland Security shall submit a
report that assesses the efforts of the States to waive
recoupment related to lost wages assistance under section 408 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, and the
Subcommittee on Homeland Security of the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure, Committee on Ways and Means, and the
Subcommittee on Homeland Security of the Committee on
Appropriations of the House of Representatives.
SEC. 263. CONTINUING ELIGIBILITY FOR CERTAIN RECIPIENTS OF
PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
9021(c)), as amended by section 201, is further amended by adding at the
end the following:
``(6) <<NOTE: Certification.>> Continued eligibility for
assistance.--As a condition of continued eligibility for
assistance under this section, a covered individual shall submit
a recertification to the State for each week after the
individual's 1st week of eligibility that certifies that the
individual remains an individual described in subsection
(a)(3)(A)(ii) for such week.''.
(b) <<NOTE: Applicability. 15 USC 9021 note.>> Effective Date;
Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to weeks beginning on or after the date that
is 30 days after the date of enactment of this section.
(2) Special rule.--In the case of any State that made a good
faith effort to implement section 2102 of division A of the
CARES Act (15 U.S.C. 9021) in accordance with rules similar to
those provided in section 625.6 of title 20, Code of Federal
Regulations, for weeks ending before the effective date
specified in paragraph (1), an individual who received pandemic
unemployment assistance from such State for any such week shall
not be considered ineligible for such assistance
[[Page 134 STAT. 1964]]
for such week solely by reason of failure to submit a
recertification described in subsection (c)(5) of such section
2102.
SEC. 264. TECHNICAL CORRECTION FOR NONPROFIT ORGANIZATIONS
CLASSIFIED AS FEDERAL TRUST
INSTRUMENTALITIES.
(a) In General.--Section 903(i)(1) of the Social Security Act (42
U.S.C. 1103(i)(1)) is amended--
(1) in subparagraph (B), in the first sentence, by inserting
``and to service provided by employees of an entity created by
Public Law 85-874 (20 U.S.C. 76h et seq.)'' after ``of such Code
applies''; and
(2) in subparagraph (C), by inserting ``or an entity created
by Public Law 85-874 (20 U.S.C. 76h et seq.)'' before the period
at the end.
(b) <<NOTE: 42 USC 1103 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the enactment
of section 2103 of the CARES Act (Public Law 116-136).
SEC. 265. <<NOTE: 15 USC 9021 note.>> TECHNICAL CORRECTION FOR
THE COMMONWEALTH OF NORTHERN MARIANA
ISLANDS.
A Commonwealth Only Transitional Worker (as defined in section
6(i)(2) of the Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America', and for
other purposes'' (48 U.S.C. 1806)) shall be considered a qualified alien
under section 431 of Public Law 104-193 (8 U.S.C. 1641) for purposes of
eligibility for a benefit under section 2102 or 2104 of the CARES Act.
SEC. 266. <<NOTE: Determinations. 26 USC 3304 note.>> WAIVER TO
PRESERVE ACCESS TO EXTENDED BENEFITS IN
HIGH UNEMPLOYMENT STATES.
(a) <<NOTE: Time period. Applicability.>> In General.--For purposes
of determining the beginning of an extended benefit period (or a high
unemployment period) under the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note) during the period
beginning on November 1, 2020, and ending December 31, 2021, section 203
of such Act may be applied without regard to subsection (b)(1)(B) of
such section.
(b) Rulemaking Authority; Technical Assistance.--The Secretary of
Labor shall issue such rules or other guidance as the Secretary
determines may be necessary for the implementation of subsection (a),
and shall provide technical assistance to States as needed to facilitate
such implementation.
Subtitle B <<NOTE: COVID-related Tax Relief Act of 2020.>> --COVID-
related Tax Relief Act of 2020
SEC. 271. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 26 USC 1 note.>> Short Title.--This subtitle may be
cited as the ``COVID-related Tax Relief Act of 2020''.
(b) Amendment of 1986 Code.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
[[Page 134 STAT. 1965]]
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 271. Short title; table of contents.
Sec. 272. Additional 2020 recovery rebates for individuals.
Sec. 273. Amendments to recovery rebates under the CARES Act.
Sec. 274. Extension of certain deferred payroll taxes.
Sec. 275. Regulations or guidance clarifying application of educator
expense tax deduction.
Sec. 276. Clarification of tax treatment of forgiveness of covered
loans.
Sec. 277. Emergency financial aid grants.
Sec. 278. Clarification of tax treatment of certain loan forgiveness and
other business financial assistance under the CARES Act.
Sec. 279. Authority to waive certain information reporting requirements.
Sec. 280. Application of special rules to money purchase pension plans.
Sec. 281. Election to waive application of certain modifications to
farming losses.
Sec. 282. Oversight and audit reporting.
Sec. 283. Disclosures to identify tax receivables not eligible for
collection pursuant to qualified tax collection contracts.
Sec. 284. Modification of certain protections for taxpayer return
information.
Sec. 285. 2020 election to terminate transfer period for qualified
transfers from pension plan for covering future retiree
costs.
Sec. 286. Extension of credits for paid sick and family leave.
Sec. 287. Election to use prior year net earnings from self-employment
in determining average daily self-employment income for
purposes of credits for paid sick and family leave.
Sec. 288. Certain technical improvements to credits for paid sick and
family leave.
SEC. 272. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of subtitle F is amended
by inserting after section 6428 the following new section:
``SEC. 6428A. <<NOTE: 26 USC 6428A.>> ADDITIONAL 2020 RECOVERY
REBATES FOR INDIVIDUALS.
``(a) <<NOTE: Effective date.>> In General.--In addition to the
credit allowed under section 6428, in the case of an eligible
individual, there shall be allowed as a credit against the tax imposed
by subtitle A for the first taxable year beginning in 2020 an amount
equal to the sum of--
``(1) $600 ( $1,200 in the case of eligible individuals
filing a joint return), plus
``(2) an amount equal to the product of $600 multiplied by
the number of qualifying children (within the meaning of section
24(c)) of the taxpayer.
``(b) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowed by subsection (a) (determined without regard to this
subsection and subsection (e)) shall be reduced (but not below zero) by
5 percent of so much of the taxpayer's adjusted gross income as
exceeds--
``(1) $150,000 in the case of a joint return or a surviving
spouse (as defined in section 2(a)),
``(2) $112,500 in the case of a head of household (as
defined in section 2(b)), and
``(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any nonresident alien individual,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
[[Page 134 STAT. 1966]]
year beginning in the calendar year in which the individual's
taxable year begins, and
``(3) an estate or trust.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of the credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--Except as otherwise provided by the
Secretary, in the case of a refund or credit made or allowed
under subsection (f) with respect to a joint return, half of
such refund or credit shall be treated as having been made or
allowed to each individual filing such return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning in
2019 shall be treated as having made a payment against the tax
imposed by chapter 1 for such taxable year in an amount equal to
the advance refund amount for such taxable year.
``(2) Advance refund amount.--For purposes of paragraph (1),
the advance refund amount is the amount that would have been
allowed as a credit under this section for such taxable year if
this section (other than subsection (e) and this subsection) had
applied to such taxable year. <<NOTE: Determination.>> For
purposes of determining the advance refund amount with respect
to such taxable year--
``(A) any individual who was deceased before January
1, 2020, shall be treated for purposes of applying
subsection (g) in the same manner as if the valid
identification number of such person was not included on
the return of tax for such taxable year, and
``(B) no amount shall be determined under this
subsection with respect to any qualifying child of the
taxpayer if--
``(i) the taxpayer was deceased before January
1, 2020, or
``(ii) in the case of a joint return, both
taxpayers were deceased before January 1, 2020.
``(3) Timing and manner of payments.--
``(A) Timing.--
``(i) In general.--The Secretary shall,
subject to the provisions of this title, refund or
credit any overpayment attributable to this
subsection as rapidly as possible.
``(ii) Deadline.--
``(I) In general.--Except as
provided in subclause (II), no refund or
credit shall be made or allowed under
this subsection after January 15, 2021.
``(II) Exception for mirror code
possessions.--In the case of a
possession of the United States which
has a mirror code tax system (as such
terms are defined in section 272(c) of
the
[[Page 134 STAT. 1967]]
COVID-related Tax Relief Act of 2020),
no refund or credit shall be made or
allowed under this subsection after the
earlier of--
``(aa) <<NOTE: Determination.>>
such date as is determined
appropriate by the Secretary, or
``(bb) September 30, 2021.
``(B) <<NOTE: Certification. Disbursement.>>
Delivery of payments.--Notwithstanding any other
provision of law, the Secretary may certify and disburse
refunds payable under this subsection electronically
to--
``(i) any account to which the payee
authorized, on or after January 1, 2019, the
delivery of a refund of taxes under this title or
of a Federal payment (as defined in section 3332
of title 31, United States Code),
``(ii) any account belonging to a payee from
which that individual, on or after January 1,
2019, made a payment of taxes under this title, or
``(iii) any Treasury-sponsored account (as
defined in section 208.2 of title 31, Code of
Federal Regulations).
``(C) Waiver of certain rules.--Notwithstanding
section 3325 of title 31, United States Code, or any
other provision of law, with respect to any payment of a
refund under this subsection, a disbursing official in
the executive branch of the United States Government may
modify payment information received from an officer or
employee described in section 3325(a)(1)(B) of such
title for the purpose of facilitating the accurate and
efficient delivery of such payment. Except in cases of
fraud or reckless neglect, no liability under sections
3325, 3527, 3528, or 3529 of title 31, United States
Code, shall be imposed with respect to payments made
under this subparagraph.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.
``(5) <<NOTE: Definitions.>> Application to certain
individuals who do not file a return of tax for 2019.--
``(A) In general.--In the case of a specified
individual who, at the time of any determination made
pursuant to paragraph (3), has not filed a tax return
for the year described in paragraph (1), the Secretary
may use information with respect to such individual
which is provided by--
``(i) in the case of a specified social
security beneficiary or a specified supplemental
security income recipient, the Commissioner of
Social Security,
``(ii) in the case of a specified railroad
retirement beneficiary, the Railroad Retirement
Board, and
``(iii) in the case of a specified veterans
beneficiary, the Secretary of Veterans Affairs (in
coordination with, and with the assistance of, the
Commissioner of Social Security if appropriate).
``(B) Specified individual.--For purposes of this
paragraph, the term `specified individual' means any
individual who is--
``(i) a specified social security beneficiary,
``(ii) a specified supplemental security
income recipient,
[[Page 134 STAT. 1968]]
``(iii) a specified railroad retirement
beneficiary, or
``(iv) a specified veterans beneficiary.
``(C) Specified social security beneficiary.--
``(i) In general.--For purposes of this
paragraph, the term `specified social security
beneficiary' means any individual who, for the
last month for which the Secretary has available
information as of the date of enactment of this
section, is entitled to any monthly insurance
benefit payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.), including
payments made pursuant to sections 202(d), 223(g),
and 223(i)(7) of such Act.
``(ii) Exception.--For purposes of this
paragraph, the term `specified social security
beneficiary' shall not include any individual if
such benefit is not payable for such month by
reason of section 202(x)(1)(A) of the Social
Security Act (42 U.S.C. 402(x)(1)(A)) or section
1129A of such Act (42 U.S.C. 1320a-8a).
``(D) Specified supplemental security income
recipient.--
``(i) In general.--For purposes of this
paragraph, the term `specified supplemental
security income recipient' means any individual
who, for the last month for which the Secretary
has available information as of the date of
enactment of this section, is eligible for a
monthly benefit payable under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.),
including--
``(I) payments made pursuant to
section 1614(a)(3)(C) of such Act (42
U.S.C. 1382c(a)(3)(C)),
``(II) payments made pursuant to
section 1619(a) (42 U.S.C. 1382h(a)) or
subsections (a)(4), (a)(7), or (p)(7) of
section 1631 (42 U.S.C. 1383) of such
Act, and
``(III) State supplementary payments
of the type referred to in section
1616(a) of such Act (42 U.S.C. 1382e(a))
(or payments of the type described in
section 212(a) of Public Law 93-66)
which are paid by the Commissioner under
an agreement referred to in such section
1616(a) (or section 212(a) of Public Law
93-66).
``(ii) Exception.--For purposes of this
paragraph, the term `specified supplemental
security income recipient' shall not include any
individual if such monthly benefit is not payable
for such month by reason of section 1611(e)(1)(A)
of the Social Security Act (42 U.S.C.
1382(e)(1)(A)) or section 1129A of such Act (42
U.S.C. 1320a-8a).
``(E) Specified railroad retirement beneficiary.--
For purposes of this paragraph, the term `specified
railroad retirement beneficiary' means any individual
who, for the last month for which the Secretary has
available information as of the date of enactment of
this section, is entitled to a monthly annuity or
pension payment payable (without regard to section
5(a)(ii) of the Railroad Retirement Act of 1974 (45
U.S.C. 231d(a)(ii))) under--
[[Page 134 STAT. 1969]]
``(i) section 2(a)(1) of such Act (45 U.S.C.
231a(a)(1)),
``(ii) section 2(c) of such Act (45 U.S.C.
231a(c)),
``(iii) section 2(d)(1) of such Act (45 U.S.C.
231a(d)(1)), or
``(iv) section 7(b)(2) of such Act (45 U.S.C.
231f(b)(2)) with respect to any of the benefit
payments described in subparagraph (C)(i).
``(F) Specified veterans beneficiary.--
``(i) In general.--For purposes of this
paragraph, the term `specified veterans
beneficiary' means any individual who, for the
last month for which the Secretary has available
information as of the date of enactment of this
section, is entitled to a compensation or pension
payment payable under--
``(I) section 1110, 1117, 1121,
1131, 1141, or 1151 of title 38, United
States Code,
``(II) section 1310, 1312, 1313,
1315, 1316, or 1318 of title 38, United
States Code,
``(III) section 1513, 1521, 1533,
1536, 1537, 1541, 1542, or 1562 of title
38, United States Code, or
``(IV) section 1805, 1815, or 1821
of title 38, United States Code,
to a veteran, surviving spouse, child, or parent
as described in paragraph (2), (3), (4)(A)(ii), or
(5) of section 101, title 38, United States Code.
``(ii) Exception.--For purposes of this
paragraph, the term `specified veterans
beneficiary' shall not include any individual if
such compensation or pension payment is not
payable, or was reduced, for such month by reason
of section 1505 or 5313 of title 38, United States
Code.
``(G) Subsequent determinations and redeterminations
not taken into account.--For purposes of this section,
any individual's status as a specified social security
beneficiary, a specified supplemental security income
recipient, a specified railroad retirement beneficiary,
or a specified veterans beneficiary shall be unaffected
by any determination or redetermination of any
entitlement to, or eligibility for, any benefit,
payment, or compensation, if such determination or
redetermination occurs after the last month for which
the Secretary has available information as of the date
of enactment of this section.
``(H) Payment to representative payees and
fiduciaries.--
``(i) In general.--If the benefit, payment, or
compensation referred to in subparagraph (C)(i),
(D)(i), (E), or (F)(i) with respect to any
specified individual is paid to a representative
payee or fiduciary, payment by the Secretary under
paragraph (3) with respect to such specified
individual shall be made to such individual's
representative payee or fiduciary and the entire
payment shall be used only for the benefit of the
individual who is entitled to the payment.
``(ii) Application of enforcement
provisions.--
[[Page 134 STAT. 1970]]
``(I) In the case of a payment
described in clause (i) which is made
with respect to a specified social
security beneficiary or a specified
supplemental security income recipient,
section 1129(a)(3) of the Social
Security Act (42 U.S.C. 1320a-8(a)(3))
shall apply to such payment in the same
manner as such section applies to a
payment under title II or XVI of such
Act.
``(II) In the case of a payment
described in clause (i) which is made
with respect to a specified railroad
retirement beneficiary, section 13 of
the Railroad Retirement Act (45 U.S.C.
231l) shall apply to such payment in the
same manner as such section applies to a
payment under such Act.
``(III) In the case of a payment
described in clause (i) which is made
with respect to a specified veterans
beneficiary, sections 5502, 6106, and
6108 of title 38, United States Code,
shall apply to such payment in the same
manner as such sections apply to a
payment under such title.
``(I) Ineligibility for special rule not to be
interpreted as general ineligibility.--An individual
shall not fail to be treated as an eligible individual
for purposes of this subsection or subsection (a) merely
because such individual is not a specified individual
(including by reason of subparagraph (C)(ii), (D)(ii),
or (F)(ii)).
``(6) Notice to taxpayer.--As soon as practicable after the
date on which the Secretary distributed any payment to an
eligible taxpayer pursuant to this subsection, the Secretary
shall send notice by mail to such taxpayer's last known address.
Such notice shall indicate the method by which such payment was
made, the amount of such payment, and a phone number for the
appropriate point of contact at the Internal Revenue Service to
report any failure to receive such payment.
``(g) Identification Number Requirement.--
``(1) In general.--In the case of a return other than a
joint return, the $600 amount in subsection (a)(1) shall be
treated as being zero unless the taxpayer includes the valid
identification number of the taxpayer on the return of tax for
the taxable year.
``(2) Joint returns.--In the case of a joint return, the
$1,200 amount in subsection (a)(1) shall be treated as being--
``(A) $600 if the valid identification number of
only 1 spouse is included on the return of tax for the
taxable year, and
``(B) zero if the valid identification number of
neither spouse is so included.
``(3) Qualifying child.--A qualifying child of a taxpayer
shall not be taken into account under subsection (a)(2) unless--
``(A) the taxpayer includes the valid identification
number of such taxpayer (or, in the case of a joint
return, the valid identification number of at least 1
spouse) on the return of tax for the taxable year, and
``(B) the valid identification number of such
qualifying child is included on the return of tax for
the taxable year.
``(4) <<NOTE: Definitions.>> Valid identification number.--
[[Page 134 STAT. 1971]]
``(A) In general.--For purposes of this subsection,
the term `valid identification number' means a social
security number (as such term is defined in section
24(h)(7)).
``(B) Adoption taxpayer identification number.--For
purposes of paragraph (3)(B), in the case of a
qualifying child who is adopted or placed for adoption,
the term `valid identification number' shall include the
adoption taxpayer identification number of such child.
``(5) Special rule for members of the armed forces.--
Paragraph (2) shall not apply in the case where at least 1
spouse was a member of the Armed Forces of the United States at
any time during the taxable year and the valid identification
number of at least 1 spouse is included on the return of tax for
the taxable year.
``(6) Coordination with certain advance payments.--In the
case of any payment under subsection (f) which is based on
information provided under paragraph (5) of such subsection, a
valid identification number shall be treated for purposes of
this subsection as included on the taxpayer's return of tax if
such valid identification number is provided pursuant to
subsection (f)(5).
``(7) Mathematical or clerical error authority.--Any
omission of a correct valid identification number required under
this subsection shall be treated as a mathematical or clerical
error for purposes of applying section 6213(g)(2) to such
omission.
``(h) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary to carry out the purposes of this
section, including any such measures as are deemed appropriate to avoid
allowing multiple credits or rebates to a taxpayer.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) is
amended by striking ``and 6428'' and inserting ``6428, and
6428A''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) is amended by striking ``or 6428'' and inserting
``6428, or 6428A''.
(c) <<NOTE: 26 USC 6428A note.>> Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possession.--The Secretary of the
Treasury shall pay to each possession of the United
States which has a mirror code tax system amounts equal
to the loss (if any) to that possession by reason of the
amendments made by this
section. <<NOTE: Determination.>> Such amounts shall be
determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(B) <<NOTE: Estimate.>> Other possessions.--The
Secretary of the Treasury shall pay to each possession
of the United States which does not have a mirror code
tax system amounts estimated by the Secretary of the
Treasury as being equal to the aggregate benefits (if
any) that would have been provided to residents of such
possession by reason of the amendments made by this
section if a mirror code tax system had been in effect
in such possession. <<NOTE: Plan.>> The preceding
sentence shall not apply unless the respective
possession
[[Page 134 STAT. 1972]]
has a plan, which has been approved by the Secretary of
the Treasury, under which such possession will promptly
distribute such payments to its residents.
(2) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United States
income taxes under section 6428A of the Internal Revenue Code of
1986 (as added by this section) to any person--
(A) to whom a credit is allowed against taxes
imposed by the possession by reason of the amendments
made by this section, or
(B) who is eligible for a payment under a plan
described in paragraph (1)(B).
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States, the
income tax system of such possession if the income tax
liability of the residents of such possession under such
system is determined by reference to the income tax laws
of the United States as if such possession were the
United States.
(C) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, the payments under
this subsection shall be treated in the same manner as a
refund due from a credit provision referred to in
subsection (b)(2) of such section.
(d) <<NOTE: 26 USC 6428A note.>> Administrative Provisions.--
(1) Exception from reduction or offset.--Any refund payable
by reason of section 6428A(f) of the Internal Revenue Code of
1986 (as added by this section), or any such refund payable by
reason of subsection (c) of this section, shall not be--
(A) subject to reduction or offset pursuant to
section 3716 or 3720A of title 31, United States Code,
(B) subject to reduction or offset pursuant to
subsection (c), (d), (e), or (f) of section 6402 of the
Internal Revenue Code of 1986, or
(C) reduced or offset by other assessed Federal
taxes that would otherwise be subject to levy or
collection.
(2) Assignment of benefits.--
(A) In general.--The right of any person to any
applicable payment shall not be transferable or
assignable, at law or in equity, and no applicable
payment shall be subject to, execution, levy,
attachment, garnishment, or other legal process, or the
operation of any bankruptcy or insolvency law.
(B) Encoding of payments.--In the case of an
applicable payment described in subparagraph (E)(iii)(I)
that is paid electronically by direct deposit through
the Automated Clearing House (ACH) network, the
Secretary of the Treasury (or the Secretary's delegate)
shall--
[[Page 134 STAT. 1973]]
(i) issue the payment using a unique
identifier that is reasonably sufficient to allow
a financial institution to identify the payment as
an applicable payment, and
(ii) further encode the payment pursuant to
the same specifications as required for a benefit
payment defined in section 212.3 of title 31, Code
of Federal Regulations.
(C) Garnishment.--
(i) Encoded payments.--In the case of a
garnishment order that applies to an account that
has received an applicable payment that is encoded
as provided in subparagraph (B), a financial
institution shall follow the requirements and
procedures set forth in part 212 of title 31, Code
of Federal Regulations, except--
(I) notwithstanding section 212.4 of
title 31, Code of Federal Regulations
(and except as provided in subclause
(II)), a financial institution shall not
fail to follow the procedures of
sections 212.5 and 212.6 of such title
with respect to a garnishment order
merely because such order has attached,
or includes, a notice of right to
garnish federal benefits issued by a
State child support enforcement agency,
and
(II) a financial institution shall
not, with regard to any applicable
payment, be required to provide the
notice referenced in sections 212.6 and
212.7 of title 31, Code of Federal
Regulations.
(ii) Other payments.--In the case of a
garnishment order (other than an order that has
been served by the United States) that has been
received by a financial institution and that
applies to an account into which an applicable
payment that has not been encoded as provided in
subparagraph (B) has been deposited electronically
on any date during the lookback period or into
which an applicable payment that has been
deposited by check on any date in the lookback
period, the financial institution, upon the
request of the account holder, shall treat the
amount of the funds in the account at the time of
the request, up to the amount of the applicable
payment (in addition to any amounts otherwise
protected under part 212 of title 31, Code of
Federal Regulations), as exempt from a garnishment
order without requiring the consent of the party
serving the garnishment order or the judgment
creditor.
(iii) Liability.--A financial institution that
acts in good faith in reliance on clauses (i) or
(ii) shall not be subject to liability or
regulatory action under any Federal or State law,
regulation, court or other order, or regulatory
interpretation for actions concerning any
applicable payments.
(D) No reclamation rights.--This paragraph shall not
alter the status of applicable payments as tax refunds
or other nonbenefit payments for purpose of any
reclamation rights of the Department of the Treasury or
the
[[Page 134 STAT. 1974]]
Internal Revenue Service as per part 210 of title 31,
Code of Federal Regulations.
(E) Definitions.--For purposes of this paragraph--
(i) Account holder.--The term ``account
holder'' means a natural person whose name appears
in a financial institution's records as the direct
or beneficial owner of an account.
(ii) Account review.--The term ``account
review'' means the process of examining deposits
in an account to determine if an applicable
payment has been deposited into the account during
the lookback period. The financial institution
shall perform the account review following the
procedures outlined in section 212.5 of title 31,
Code of Federal Regulations and in accordance with
the requirements of section 212.6 of title 31,
Code of Federal Regulations.
(iii) Applicable payment.--The term
``applicable payment'' means--
(I) any advance refund amount paid
pursuant to section 6428A(f) of Internal
Revenue Code of 1986 (as added by this
section),
(II) any payment made by a
possession of the United States with a
mirror code tax system (as defined in
subsection (c) of this section) pursuant
to such subsection which corresponds to
a payment described in subclause (I),
and
(III) any payment made by a
possession of the United States without
a mirror code tax system (as so defined)
pursuant to subsection (c) of this
section.
(iv) Garnishment.--The term ``garnishment''
means execution, levy, attachment, garnishment, or
other legal process.
(v) Garnishment order.--The term ``garnishment
order'' means a writ, order, notice, summons,
judgment, levy, or similar written instruction
issued by a court, a State or State agency, a
municipality or municipal corporation, or a State
child support enforcement agency, including a lien
arising by operation of law for overdue child
support or an order to freeze the assets in an
account, to effect a garnishment against a debtor.
(vi) Lookback period.--The term ``lookback
period'' means the two month period that begins on
the date preceding the date of account review and
ends on the corresponding date of the month two
months earlier, or on the last date of the month
two months earlier if the corresponding date does
not exist.
(3) Agency information sharing and assistance.--
(A) In general.--The Commissioner of Social
Security, the Railroad Retirement Board, and the
Secretary of Veterans Affairs shall each provide the
Secretary of the Treasury (or the Secretary's delegate)
such information and assistance as the Secretary of the
Treasury (or the Secretary's delegate) may require for
purposes of--
[[Page 134 STAT. 1975]]
(i) making payments under section 6428A(f) of
the Internal Revenue Code of 1986 to individuals
described in paragraph (5)(A) thereof, or
(ii) providing administrative assistance to a
possession of the United States (as defined in
subsection (c)(3)(A)) to allow such possession to
promptly distribute payments under subsection (c)
to its residents.
(B) Exchange of information with possessions.--Any
information provided to the Secretary of the Treasury
(or the Secretary's delegate) pursuant to subparagraph
(A)(ii) may be exchanged with a possession of the United
States in accordance with the applicable tax
coordination agreement for information exchange and
administrative assistance that the Internal Revenue
Service has agreed to with such possession.
(e) <<NOTE: Coordination. 26 USC 6428A note.>> Public Awareness
Campaign.--The Secretary of the Treasury (or the Secretary's delegate)
shall conduct a public awareness campaign, in coordination with the
Commissioner of Social Security and the heads of other relevant Federal
agencies, to provide information regarding the availability of the
credit and rebate allowed under section 6428A of the Internal Revenue
Code of 1986 (as added by this section), including information with
respect to individuals who may not have filed a tax return for taxable
year 2019.
(f) Appropriations to Carry Out Rebates and Address COVID-related
Tax Administration Issues.--
(1) In general.--Immediately upon the enactment of this Act,
the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021:
(A) Department of the treasury.--
(i) For an additional amount for ``Department
of the Treasury--Internal Revenue Service--
Taxpayer Services'', $178,335,000, to remain
available until September 30, 2021.
(ii) For an additional amount for ``Department
of the Treasury--Internal Revenue Service--
Operations Support'', $273,237,000, to remain
available until September 30, 2021.
(iii) For an additional amount for
``Department of Treasury--Internal Revenue
Service--Enforcement'', $57,428,000, to remain
available until September 30, 2021.
Amounts <<NOTE: Transfer authority. Notification.>>
made available in appropriations under this subparagraph
may be transferred between such appropriations upon the
advance notification of the Committees on Appropriations
of the House of Representatives and the Senate. Such
transfer authority is in addition to any other transfer
authority provided by law.
(B) Social security administration.--For an
additional amount for ``Social Security Administration--
Limitation on Administrative Expenses'', $38,000,000, to
remain available until September 30, 2021.
(C) Railroad retirement board.--For an additional
amount for ``Railroad Retirement Board--Limitation on
Administration'', $8,300, to remain available until
September 30, 2021.
[[Page 134 STAT. 1976]]
(2) <<NOTE: Plan.>> Reports.--No later than 15 days after
enactment of this Act, the Secretary of the Treasury shall
submit a plan to the Committees on Appropriations of the House
of Representatives and the Senate detailing the expected use of
the funds provided by paragraph (1)(A). <<NOTE: Time
period.>> Beginning 90 days after enactment of this Act, the
Secretary of the Treasury shall submit a quarterly report to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the actual expenditure of funds provided by
paragraph (1)(A) and the expected expenditure of such funds in
the subsequent quarter.
(g) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``6428A,'' after ``6428,''.
(2) The table of sections for subchapter B of chapter 65 of
subtitle F <<NOTE: 26 USC 6411 prec.>> is amended by inserting
after the item relating to section 6428 the following:
``Sec. 6428A. Additional 2020 recovery rebates for individuals.''.
SEC. 273. AMENDMENTS TO RECOVERY REBATES UNDER THE CARES ACT.
(a) Amendments to Section 6428 of the Internal Revenue Code of
1986.--Section 6428 <<NOTE: 26 USC 6428.>> is amended--
(1) in subsection (c)(1), by inserting ``or a surviving
spouse (as defined in section 2(a))'' after ``joint return'',
(2) in subsection (f)--
(A) in paragraph (3)(A), by striking ``section'' and
inserting ``subsection'',
(B) in paragraph (4), by striking ``section'' and
inserting ``subsection'', and
(C) by redesignating paragraph (6) as paragraph (7)
and by inserting after paragraph (5) the following new
paragraph:
``(6) Payment to representative payees and fiduciaries.--
``(A) In general.--In the case of any individual for
which payment information is provided to the Secretary
by the Commissioner of Social Security, the Railroad
Retirement Board, or the Secretary of Veterans Affairs,
the payment by the Secretary under paragraph (3) with
respect to such individual may be made to such
individual's representative payee or fiduciary and the
entire payment shall be--
``(i) provided to the individual who is
entitled to the payment, or
``(ii) used only for the benefit of the
individual who is entitled to the payment.
``(B) Application of enforcement provisions.--
``(i) In the case of a payment described in
subparagraph (A) which is made with respect to a
social security beneficiary or a supplemental
security income recipient, section 1129(a)(3) of
the Social Security Act (42 U.S.C. 1320a-8(a)(3))
shall apply to such payment in the same manner as
such section applies to a payment under title II
or XVI of such Act.
[[Page 134 STAT. 1977]]
``(ii) In the case of a payment described in
subparagraph (A) which is made with respect to a
railroad retirement beneficiary, section 13 of the
Railroad Retirement Act (45 U.S.C. 231l) shall
apply to such payment in the same manner as such
section applies to a payment under such Act.
``(iii) In the case of a payment described in
subparagraph (A) which is made with respect to a
veterans beneficiary, sections 5502, 6106, and
6108 of title 38, United States Code, shall apply
to such payment in the same manner as such
sections apply to a payment under such title.'',
and
(3) by striking subsection (g) and inserting the following:
``(g) Identification Number Requirement.--
``(1) <<NOTE: Applicability.>> Requirements for credit.--
Subject to paragraph (2), with respect to the credit allowed
under subsection (a), the following provisions shall apply:
``(A) In general.--In the case of a return other
than a joint return, the $1,200 amount in subsection
(a)(1) shall be treated as being zero unless the
taxpayer includes the valid identification number of the
taxpayer on the return of tax for the taxable year.
``(B) Joint returns.--In the case of a joint return,
the $2,400 amount in subsection (a)(1) shall be treated
as being--
``(i) $1,200 if the valid identification
number of only 1 spouse is included on the return
of tax for the taxable year, and
``(ii) zero if the valid identification number
of neither spouse is so included.
``(C) Qualifying child.--A qualifying child of a
taxpayer shall not be taken into account under
subsection (a)(2) unless--
``(i) the taxpayer includes the valid
identification number of such taxpayer (or, in the
case of a joint return, the valid identification
number of at least 1 spouse) on the return of tax
for the taxable year, and
``(ii) the valid identification number of such
qualifying child is included on the return of tax
for the taxable year.
``(2) Requirements for advance refunds.--No refund shall be
payable under subsection (f) to an eligible individual who does
not include on the return of tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any qualifying child taken into
account under subsection (a)(2), the valid
identification number of such qualifying child.
``(3) Valid identification number.--
``(A) <<NOTE: Definition.>> In general.--For
purposes of this subsection, the term `valid
identification number' means a social security number
(as such term is defined in section 24(h)(7)).
``(B) Adoption taxpayer identification number.--For
purposes of paragraphs (1)(C) and (2)(C), in the case
[[Page 134 STAT. 1978]]
of a qualifying child who is adopted or placed for
adoption, the term `valid identification number' shall
include the adoption taxpayer identification number of
such child.
``(4) Special rule for members of the armed forces.--
Paragraphs (1)(B) and (2)(B) shall not apply in the case where
at least 1 spouse was a member of the Armed Forces of the United
States at any time during the taxable year and the valid
identification number of at least 1 spouse is included on the
return of tax for the taxable year.
``(5) Mathematical or clerical error authority.--Any
omission of a correct valid identification number required under
this subsection shall be treated as a mathematical or clerical
error for purposes of applying section 6213(g)(2) to such
omission.''.
(b) Amendments to Section 2201 of the CARES Act.--Section 2201 of
the CARES Act is amended--
(1) in subsection (d), <<NOTE: Ante, p. 338.>> by striking
``Any credit or refund allowed or made to any individual by
reason of section 6428 of the Internal Revenue Code of 1986 (as
added by this section) or by reason of subsection (c) of this
section'' and inserting ``Any refund payable by reason of
section 6428(f) of the Internal Revenue Code of 1986 (as added
by this section), or any such refund payable by reason of
subsection (c) of this section,'', and
(2) in subsection (f)(1)(A)(i), <<NOTE: Ante, p. 339.>> by
inserting after ``September 30, 2021'' the following: ``, of
which up to $63,000,000 may be transferred to the ``Department
of the Treasury--Bureau of the Fiscal Service--Debt Collection''
for necessary expenses related to the implementation and
operation of Governmentwide debt collection activities pursuant
to sections 3711(g), 3716, and 3720A of title 31, United States
Code, and subsections (c) through (f) of section 6402 of the
Internal Revenue Code of 1986 to offset the loss resulting from
the coronavirus pandemic of debt collection receipts collected
pursuant to such sections: Provided, That amounts transferred
pursuant to this clause shall be in addition to any other funds
made available for this purpose''.
(c) <<NOTE: 26 USC 6428 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in section 2201 of
the CARES Act.
SEC. 274. <<NOTE: 26 USC 7508A note.>> EXTENSION OF CERTAIN
DEFERRED PAYROLL TAXES.
The <<NOTE: Applicability.>> Secretary of the Treasury (or the
Secretary's delegate) shall ensure that Internal Revenue Service Notice
2020-65 (entitled ``Relief with Respect to Employment Tax Deadlines
Applicable to Employers Affected by the Ongoing Coronavirus (COVID-19)
Disease 2019 Pandemic'') and any successor or related regulation,
notice, or guidance is applied--
(1) by substituting ``December 31, 2021'' for ``April 30,
2021'' each place it appears therein, and
(2) by substituting ``January 1, 2022'' for ``May 1, 2021''
each place it appears therein.
SEC. 275. <<NOTE: 26 USC 62 note.>> REGULATIONS OR GUIDANCE
CLARIFYING APPLICATION OF EDUCATOR
EXPENSE TAX DEDUCTION.
Not <<NOTE: Deadline.>> later than February 28, 2021, the Secretary
of the Treasury (or the Secretary's delegate) shall by regulation or
other guidance clarify that personal protective equipment, disinfectant,
and other
[[Page 134 STAT. 1979]]
supplies used for the prevention of the spread of COVID-19 are treated
as described in section 62(a)(2)(D)(ii) of the Internal Revenue Code of
1986. <<NOTE: Applicability. Effective date.>> Such regulations or other
guidance shall apply to expenses paid or incurred after March 12, 2020.
SEC. 276. CLARIFICATION OF TAX TREATMENT OF FORGIVENESS OF COVERED
LOANS.
(a) Original Paycheck Protection Program Loans.--
(1) In general.--Subsection (i) of section 7A of the Small
Business Act, as redesignated, transferred, and amended by the
Economic Aid to Hard-Hit Small Businesses, Nonprofits, and
Venues Act, <<NOTE: 15 USC 636m.>> is amended to read as
follows:
``(i) Tax Treatment.--For purposes of the Internal Revenue Code of
1986--
``(1) no amount shall be included in the gross income of the
eligible recipient by reason of forgiveness of indebtedness
described in subsection (b),
``(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason of
the exclusion from gross income provided by paragraph (1), and
``(3) in the case of an eligible recipient that is a
partnership or S corporation--
``(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal
Revenue Code of 1986, and
``(B) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), any increase in
the adjusted basis of a partner's interest in a
partnership under section 705 of the Internal Revenue
Code of 1986 with respect to any amount described in
subparagraph (A) shall equal the partner's distributive
share of deductions resulting from costs giving rise to
forgiveness described in subsection (b).''.
(2) <<NOTE: 15 USC 636m note.>> Effective date.--The
amendment made by this subsection shall apply to taxable years
ending after the date of the enactment of the CARES Act.
(b) <<NOTE: 15 USC 636 note.>> Subsequent Paycheck Protection
Program Loans.--For purposes of the Internal Revenue Code of 1986, in
the case of any taxable year ending after the date of the enactment of
this Act--
(1) no amount shall be included in the gross income of an
eligible entity (within the meaning of subparagraph (J) of
section 7(a)(37) of the Small Business Act) by reason of
forgiveness of indebtedness described in clause (ii) of such
subparagraph,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of the
exclusion from gross income provided by paragraph (1), and
(3) in the case of an eligible entity that is a partnership
or S corporation--
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal
Revenue Code of 1986, and
[[Page 134 STAT. 1980]]
(B) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), any increase in
the adjusted basis of a partner's interest in a
partnership under section 705 of the Internal Revenue
Code of 1986 with respect to any amount described in
subparagraph (A) shall equal the partner's distributive
share of deductions resulting from costs giving rise to
the forgiveness of indebtedness referred to in paragraph
(1).
SEC. 277. <<NOTE: 20 USC 1001 note.>> EMERGENCY FINANCIAL AID
GRANTS.
(a) In General.--In the case of a student receiving a qualified
emergency financial aid grant--
(1) such grant shall not be included in the gross income of
such individual for purposes of the Internal Revenue Code of
1986, and
(2) such grant shall not be treated as described in
subparagraph (A), (B), or (C) of section 25A(g)(2) of such Code.
(b) Definitions.--For purposes of this subsection, the term
``qualified emergency financial aid grant'' means--
(1) any emergency financial aid grant awarded by an
institution of higher education under section 3504 of the CARES
Act,
(2) any emergency financial aid grant from an institution of
higher education made with funds made available under section
18004 of the CARES Act, and
(3) any other emergency financial aid grant made to a
student from a Federal agency, a State, an Indian tribe, an
institution of higher education, or a scholarship-granting
organization (including a tribal organization, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C.5304)) for the purpose of providing
financial relief to students enrolled at institutions of higher
education in response to a qualifying emergency (as defined in
section 3502(a)(4) of the CARES Act).
(c) Limitation.--This section shall not apply to that portion of any
amount received which represents payment for teaching, research, or
other services required as a condition for receiving the qualified
emergency financial aid grant.
(d) Effective Date.--This section shall apply to qualified emergency
financial aid grants made after March 26, 2020.
SEC. 278. <<NOTE: 15 USC 9008 note.>> CLARIFICATION OF TAX
TREATMENT OF CERTAIN LOAN FORGIVENESS
AND OTHER BUSINESS FINANCIAL ASSISTANCE.
(a) United States Treasury Program Management Authority.--For
purposes of the Internal Revenue Code of 1986--
(1) no amount shall be included in the gross income of a
borrower by reason of forgiveness of indebtedness described in
section 1109(d)(2)(D) of the CARES Act,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of the
exclusion from gross income provided by paragraph (1), and
(3) in the case of a borrower that is a partnership or S
corporation--
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
[[Page 134 STAT. 1981]]
purposes of sections 705 and 1366 of the Internal
Revenue Code of 1986, and
(B) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), any increase in
the adjusted basis of a partner's interest in a
partnership under section 705 of the Internal Revenue
Code of 1986 with respect to any amount described in
subparagraph (A) shall equal the partner's distributive
share of deductions resulting from costs giving rise to
forgiveness described in section 1109(d)(2)(D) of the
CARES Act.
(b) Emergency EIDL Grants and Targeted EIDL Advances.--For purposes
of the Internal Revenue Code of 1986--
(1) any advance described in section 1110(e) of the CARES
Act or any funding under section 331 of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not
be included in the gross income of the person that receives such
advance or funding,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of the
exclusion from gross income provided by paragraph (1), and
(3) in the case of a partnership or S corporation that
receives such advance or funding--
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal
Revenue Code of 1986, and
(B) <<NOTE: Regulations. Determination.>> the
Secretary of the Treasury (or the Secretary's delegate)
shall prescribe rules for determining a partner's
distributive share of any amount described in
subparagraph (A) for purposes of section 705 of the
Internal Revenue Code of 1986.
(c) Subsidy for Certain Loan Payments.--For purposes of the Internal
Revenue Code of 1986--
(1) any payment described in section 1112(c) of the CARES
Act shall not be included in the gross income of the person on
whose behalf such payment is made,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of the
exclusion from gross income provided by paragraph (1), and
(3) in the case of a partnership or S corporation on whose
behalf of a payment described in section 1112(c) of the CARES
Act is made--
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal
Revenue Code of 1986, and
(B) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), any increase in
the adjusted basis of a partner's interest in a
partnership under section 705 of the Internal Revenue
Code of 1986 with respect to any amount described in
subparagraph (A) shall equal the sum of the partner's
distributive share of deductions resulting from interest
and fees described in section 1112(c) of the CARES Act
and the partner's share, as determined under section 752
of the Internal Revenue Code of 1986,
[[Page 134 STAT. 1982]]
of principal described in section 1112(c) of the CARES
Act.
(d) Grants for Shuttered Venue Operators.--For purposes of the
Internal Revenue Code of 1986--
(1) any grant made under section 324 of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not
be included in the gross income of the person that receives such
grant,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of the
exclusion from gross income provided by paragraph (1), and
(3) in the case of a partnership or S corporation that
receives such grant--
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal
Revenue Code of 1986, and
(B) <<NOTE: Regulations. Determination.>> the
Secretary of the Treasury (or the Secretary's delegate)
shall prescribe rules for determining a partner's
distributive share of any amount described in
subparagraph (A) for purposes of section 705 of the
Internal Revenue Code of 1986.
(e) <<NOTE: Applicability.>> Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, subsections (a), (b), and (c) shall apply to taxable
years ending after the date of the enactment of the CARES Act.
(2) Grants for shuttered venue operators; targeted eidl
advances.--Subsection (d), and so much of subsection (b) as
relates to funding under section 331 of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and Venues Act, shall
apply to taxable years ending after the date of the enactment of
this Act.
SEC. 279. <<NOTE: 26 USC 6031 note prec.>> AUTHORITY TO WAIVE
CERTAIN INFORMATION REPORTING
REQUIREMENTS.
The Secretary of the Treasury (or the Secretary's delegate) may
provide an exception from any requirement to file an information return
otherwise required by chapter 61 of the Internal Revenue Code of 1986
with respect to any amount excluded from gross income by reason of
section 7A(i) of the Small Business Act or section 276(b), 277, or 278
of this subtitle.
SEC. 280. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE PENSION
PLANS.
(a) In General.--Section 2202(a)(6)(B) of the CARES
Act <<NOTE: Ante, p. 342.>> is amended by inserting ``, and, in the
case of a money purchase pension plan, a coronavirus-related
distribution which is an in-service withdrawal shall be treated as
meeting the distribution rules of section 401(a) of the Internal Revenue
Code of 1986'' before the period.
(b) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendment made
by this section shall apply as if included in the enactment of section
2202 of the CARES Act.
[[Page 134 STAT. 1983]]
SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN MODIFICATIONS
TO FARMING LOSSES.
(a) In General.--Section 2303 of the CARES Act is amended by adding
at the end the following new subsection:
``(e) <<NOTE: 26 USC 172 note.>> Special Rules With Respect to
Farming Losses.--
``(1) Election to disregard application of amendments made
by subsections (a) and (b).--
``(A) In general.--If a taxpayer who has a farming
loss (within the meaning of section 172(b)(1)(B)(ii) of
the Internal Revenue Code of 1986) for any taxable year
beginning in 2018, 2019, or 2020 makes an election under
this paragraph, then--
``(i) the amendments made by subsection (a)
shall not apply to any taxable year beginning in
2018, 2019, or 2020, and
``(ii) the amendments made by subsection (b)
shall not apply to any net operating loss arising
in any taxable year beginning in 2018, 2019, or
2020.
``(B) Election.--
``(i) In general.--Except as provided in
clause (ii)(II), an election under this paragraph
shall be made in such manner as may be prescribed
by the Secretary. Such election, once made, shall
be irrevocable.
``(ii) Time for making election.--
``(I) In general.--An election under
this paragraph shall be made by the due
date (including extensions of time) for
filing the taxpayer's return for the
taxpayer's first taxable year ending
after the date of the enactment of the
COVID-related Tax Relief Act of 2020.
``(II) Previously filed returns.--In
the case of any taxable year for which
the taxpayer has filed a return of
Federal income tax before the date of
the enactment of the COVID-related Tax
Relief Act of 2020 which disregards the
amendments made by subsections (a) and
(b), such taxpayer shall be treated as
having made an election under this
paragraph unless the taxpayer amends
such return to reflect such amendments
by the due date (including extensions of
time) for filing the taxpayer's return
for the first taxable year ending after
the date of the enactment of the COVID-
related Tax Relief Act of 2020.
``(C) Regulations.--The Secretary of the Treasury
(or the Secretary's delegate) shall issue such
regulations and other guidance as may be necessary to
carry out the purposes of this paragraph, including
regulations and guidance relating to the application of
the rules of section 172(a) of the Internal Revenue Code
of 1986 (as in effect before the date of the enactment
of the CARES Act) to taxpayers making an election under
this paragraph.
``(2) Revocation of election to waive carryback.--The last
sentence of section 172(b)(3) of the Internal Revenue Code of
1986 and the last sentence of section 172(b)(1)(B) of such Code
shall not apply to any election--
``(A) which was made before the date of the
enactment of the COVID-related Tax Relief Act of 2020,
and
[[Page 134 STAT. 1984]]
``(B) which relates to the carryback period provided
under section 172(b)(1)(B) of such Code with respect to
any net operating loss arising in taxable years
beginning in 2018 or 2019.''.
(b) <<NOTE: 26 USC 172 note.>> Effective Date.--The amendment made
by this section shall take effect as if included in section 2303 of the
CARES Act.
SEC. 282. OVERSIGHT AND AUDIT REPORTING.
Section 19010(a)(1) of the CARES Act <<NOTE: Ante, p. 579.>> is
amended by striking ``and'' at the end of subparagraph (F), by striking
``and'' at the end of subparagraph (G), and by adding at the end the
following new subparagraphs:
``(H) the Committee on Finance of the Senate; and
``(I) the Committee on Ways and Means of the House
of Representatives; and''.
SEC. 283. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
COLLECTION PURSUANT TO QUALIFIED
TAX COLLECTION CONTRACTS.
(a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
1306) is amended by adding at the end the following:
``(g) Notwithstanding any other provision of this section, the
Commissioner of Social Security shall enter into an agreement with the
Secretary of the Treasury under which--
``(1) if the Secretary provides the Commissioner with the
information described in section 6103(k)(15) of the Internal
Revenue Code of 1986 with respect to any individual, the
Commissioner shall indicate to the Secretary as to whether such
individual receives disability insurance benefits under section
223 or supplemental security income benefits under title XVI
(including State supplementary payments of the type referred to
in section 1616(a) or payments of the type described in section
212(a) of Public Law 93-66);
``(2) appropriate safeguards are included to assure that the
indication described in paragraph (1) will be used solely for
the purpose of determining if tax receivables involving such
individual are not eligible for collection pursuant to a
qualified tax collection contract by reason of section
6306(d)(3)(E) of the Internal Revenue Code of 1986; and
``(3) the Secretary shall pay the Commissioner of Social
Security the full costs (including systems and administrative
costs) of providing the indication described in paragraph
(1).''.
(b) Authorization of Disclosure by Secretary of the Treasury.--
(1) In general.--Section 6103(k) <<NOTE: 26 USC 6103.>> is
amended by adding at the end the following new paragraph:
``(15) Disclosures to social security administration to
identify tax receivables not eligible for collection pursuant to
qualified tax collection contracts.--
<<NOTE: Determination.>> In the case of any individual involved
with a tax receivable which the Secretary has identified for
possible collection pursuant to a qualified tax collection
contract (as defined in section 6306(b)), the Secretary may
disclose the taxpayer identity and date of birth of such
individual to officers, employees, and contractors of the Social
Security Administration to determine if such tax receivable is
not eligible for collection pursuant
[[Page 134 STAT. 1985]]
to such a qualified tax collection contract by reason of section
6306(d)(3)(E).''.
(2) Conforming amendments related to safeguards.--
(A) Section 6103(a)(3) is amended by striking ``or
(14)'' and inserting ``(14), or (15)''.
(B) Section 6103(p)(4) is amended--
(i) by striking ``(k)(8), (10) or (11)'' both
places it appears and inserting ``(k)(8), (10),
(11), or (15)'', and
(ii) by striking ``any other person described
in subsection (k)(10)'' each place it appears and
inserting ``any other person described in
subsection (k)(10) or (15)''.
(C) Section 7213(a)(2) <<NOTE: 26 USC 7213.>> is
amended by striking ``(k)(10), (13), or (14)'' and
inserting ``(k)(10), (13), (14), or (15)''.
(c) <<NOTE: 26 USC 6103 note.>> Effective Date.--The amendments
made by this section shall apply to disclosures made on or after the
date of the enactment of this Act.
SEC. 284. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
INFORMATION.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--Subparagraph (D) of section <<NOTE: 26 USC
6103.>> 6103(l)(13) is amended--
(A) by inserting at the end of clause (iii) the
following new sentence: <<NOTE: Consultation.>> ``Under
such terms and conditions as may be prescribed by the
Secretary, after consultation with the Department of
Education, an institution of higher education described
in subclause (I) or a State higher education agency
described in subclause (II) may designate a contractor
of such institution or state agency to receive return
information on behalf of such institution or state
agency to administer aspects of the institution's or
state agency's activities for the application, award,
and administration of such financial aid.'', and
(B) by adding at the end the following:
``(iv) Redisclosure to office of inspector
general, independent auditors, and contractors.--
Any return information which is redisclosed under
clause (iii)--
``(I) may be further disclosed by
persons described in subclauses (I),
(II), or (III) of clause (iii) or
persons designated in the last sentence
of clause (iii) to the Office of
Inspector General of the Department of
Education and independent auditors
conducting audits of such person's
administration of the programs for which
the return information was received, and
``(II) may be further disclosed by
persons described in subclauses (I),
(II), or (III) of clause (iii) to
contractors of such entities,
but only to the extent necessary in carrying out
the purposes described in such clause (iii).
``(v) Redisclosure to family members.--In
addition to the purposes for which information is
disclosed and used under subparagraphs (A) and
(C), or redisclosed under clause (iii), any return
information so
[[Page 134 STAT. 1986]]
disclosed or redisclosed may be further disclosed
to any individual certified by the Secretary of
Education as having provided approval under
paragraph (1) or (2) of section 494(a) of the
Higher Education Act of 1965, as the case may be,
for disclosure related to the income-contingent or
income-based repayment plan under subparagraph (A)
or the eligibility for, and amount of, Federal
student financial aid described in subparagraph
(C).
``(vi) Redisclosure of fafsa information.--
Return information received under subparagraph (C)
may be redisclosed in accordance with subsection
(c) of section 494 of the Higher Education Act of
1965 (as in effect on the date of enactment of the
COVID-related Tax Relief Act of 2020) to carry out
the purposes specified in such subsection.''.
(2) Conforming amendment.--Subparagraph (F) of section
6103(l)(13) is amended by inserting ``, and any redisclosure
authorized under clause (iii), (iv) (v), or (vi) of subparagraph
(D),'' after `` or (C)''.
(3) Confidentiality of return information.--
(A) Section 6103(a)(3), as amended by section
3516(a)(1) of the CARES Act, is amended by striking
``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and inserting
``(13) (other than subparagraphs (D)(v) and (D)(vi)
thereof),''.
(B) Section 6103(p)(3)(A), as amended by section
3516(a)(2) of such Act, is amended by striking
``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and inserting
``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
(4) <<NOTE: 26 USC 6103 note.>> Effective date.--The
amendments made by this subsection shall apply to disclosures
made after the date of the enactment of the FUTURE Act (Public
Law 116-91).
(b) Amendments to the Higher Education Act of 1965.--
(1) In general.--Section 494 of the Higher Education Act of
1965 (20 U.S.C. 1098h(a)) is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A),
by inserting ``, including return information,''
after ``financial information'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking
``subparagraph (B), the'' and
inserting the following:
``subparagraph (B)--
``(I) the''; and
(bb) by adding at the end
the following:
``(II) the return information of
such individuals may be redisclosed
pursuant to clauses (iii), (iv), (v),
and (vi) of section 6103(l)(13)(D) of
the Internal Revenue Code of 1986, for
the relevant purposes described in such
section; and''; and
(II) in clause (ii), by striking
``such disclosure'' and inserting ``the
disclosures described in subclauses (I)
and (II) of clause (i)''; and
[[Page 134 STAT. 1987]]
(iii) in subparagraph (B), by striking
``disclosure described in subparagraph (A)(i)''
and inserting ``disclosures described in
subclauses (I) and (II) of subparagraph (A)(i)'';
(B) in subsection (a)(2)(A)(ii), by striking
``affirmatively approve the disclosure described in
paragraph (1)(A)(i) and agree that such approval shall
serve as an ongoing approval of such disclosure until
the date on which the individual elects to opt out of
such disclosure'' and inserting ``affirmatively approve
the disclosures described in subclauses (I) and (II) of
paragraph (1)(A)(i), to the extent applicable, and agree
that such approval shall serve as an ongoing approval of
such disclosures until the date on which the individual
elects to opt out of such disclosures''; and
(C) by adding at the end the following:
``(c) Access to FAFSA Information.--
``(1) Redisclosure of information.--The information in a
complete, unredacted Student Aid Report (including any return
information disclosed under section 6103(l)(13) of the Internal
Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an
application described in subsection (a)(1) of an applicant for
Federal student financial aid--
``(A) upon request for such information by such
applicant, shall be provided to such applicant by--
``(i) the Secretary; or
``(ii) in a case in which the Secretary has
requested that institutions of higher education
carry out the requirements of this subparagraph,
an institution of higher education that has
received such information; and
``(B) with the written consent by the applicant to
an institution of higher education, may be provided by
such institution of higher education as is necessary to
a scholarship granting organization (including a tribal
organization (defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304))), or to an organization assisting the applicant
in applying for and receiving Federal, State, local, or
tribal assistance, that is designated by the applicant
to assist the applicant in applying for and receiving
financial assistance for any component of the
applicant's cost of attendance (defined in section 472)
at that institution.
``(2) Discussion of information.--A discussion of the
information in an application described in subsection (a)(1)
(including any return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(13)) of an applicant between an institution of higher
education and the applicant may, with the written consent of the
applicant, include an individual selected by the applicant (such
as an advisor) to participate in such discussion.
``(3) Restriction on disclosing information.--A person
receiving information under paragraph (1)(B) or (2) with respect
to an applicant shall not use the information for any purpose
other than the express purpose for which consent was granted by
the applicant and shall not disclose such information to any
other person without the express permission of, or request by,
the applicant.
[[Page 134 STAT. 1988]]
``(4) Definitions.--In this subsection:
``(A) Student aid report.--The term `Student Aid
Report' has the meaning given the term in section 668.2
of title 34, Code of Federal Regulations (or successor
regulations).
``(B) Written consent.--The term `written consent'
means a separate, written document that is signed and
dated (which may include by electronic format) by an
applicant, which--
``(i) indicates that the information being
disclosed includes return information disclosed
under section 6103(l)(13) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(l)(13)) with respect
to the applicant;
``(ii) states the purpose for which the
information is being disclosed; and
``(iii) states that the information may only
be used for the specific purpose and no other
purposes.
``(5) Record keeping requirement.--An institution of higher
education shall--
``(A) <<NOTE: Time period.>> keep a record of each
written consent made under this subsection for a period
of at least 3 years from the date of the student's last
date of attendance at the institution; and
``(B) <<NOTE: Review.>> make each such record
readily available for review by the Secretary.''.
(2) Conforming amendment.--Section 494(a)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by
striking ``paragraph (1)(A)(i)'' both places the term appears
and inserting ``paragraph (1)(A)(i)(I)''.
SEC. 285. 2020 ELECTION TO TERMINATE TRANSFER PERIOD FOR QUALIFIED
TRANSFERS FROM PENSION PLAN FOR COVERING
FUTURE RETIREE COSTS.
(a) In General.--Section 420(f) <<NOTE: 26 USC 420.>> is amended by
adding at the end the following new paragraph:
``(7) <<NOTE: Applicability.>> Election to end transfer
period.--
``(A) <<NOTE: Deadline.>> In general.--In the case
of an employer maintaining a plan which has made a
qualified future transfer under this subsection, such
employer may, not later than December 31, 2021, elect to
terminate the transfer period with respect to such
transfer effective as of any taxable year specified by
the taxpayer that begins after the date of such
election.
``(B) Amounts transferred to plan on termination.--
Any assets transferred to a health benefits account, or
an applicable life insurance account, in a qualified
future transfer (and any income allocable thereto) which
are not used as of the effective date of the election to
terminate the transfer period with respect to such
transfer under subparagraph (A), shall be transferred
out of the account to the transferor plan within a
reasonable period of time. The transfer required by this
subparagraph shall be treated as an employer reversion
for purposes of section 4980 (other than subsection (d)
thereof), unless before the end of the 5-year period
beginning after the original transfer period an
equivalent amount is transferred back to such health
benefits account, or applicable
[[Page 134 STAT. 1989]]
life insurance account, as the case may be. Any such
transfer back pursuant to the preceding sentence may be
made without regard to section 401(h)(1).
``(C) Minimum cost requirements continue.--The
requirements of subsection (c)(3) and paragraph (2)(D)
shall apply with respect to a qualified future transfer
without regard to any election under subparagraph (A)
with respect to such transfer.
``(D) Modified maintenance of funded status during
original transfer period.--The requirements of paragraph
(2)(B) shall apply without regard to any such election,
and clause (i) thereof shall be applied by substituting
`100 percent' for `120 percent' during the original
transfer period.
``(E) Continued maintenance of funding status after
original transfer period.--
``(i) In general.--In the case of a plan with
respect to which there is an excess described in
paragraph (2)(B)(ii) as of the valuation date of
the plan year in the last year of the original
transfer period, paragraph (2)(B) shall apply for
5 years after the original transfer period in the
same manner as during a transfer period by
substituting the applicable percentage for `120
percent' in clause (i) thereof.
``(ii) Applicable percentage.--For purposes of
this subparagraph, the applicable percentage shall
be determined under the following table:
``For the valuation date oThe applicable percentage is:
year in the following year
after the original transfer
period:
1st..................................................104 percent
2nd..................................................108 percent
3rd..................................................112 percent
4th..................................................116 percent
5th..................................................120 percent
``(iii) Early termination of continued
maintenance period when 120 percent funding
reached.--If, as of the valuation date of any plan
year in the first 4 years after the original
transfer period with respect to a qualified future
transfer, there would be no excess determined
under this subparagraph were the applicable
percentage 120 percent, then this subparagraph
shall cease to apply with respect to the plan.
``(F) <<NOTE: Definition.>> Original transfer
period.--For purposes of this paragraph, the term
`original transfer period' means the transfer period
under this subsection with respect to a qualified future
transfer determined without regard to the election under
subparagraph (A).''.
(b) <<NOTE: 26 USC 420 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2019.
SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND FAMILY LEAVE.
(a) In General.--Sections 7001(g), 7002(e), 7003(g), and 7004(e) of
the Families First Coronavirus Response Act <<NOTE: Ante, pp. 212, 214,
216, 218.>> are each amended by striking ``December 31, 2020'' and
inserting ``March 31, 2021''.
(b) Coordination With Termination of Mandate.--
[[Page 134 STAT. 1990]]
(1) Payroll credit for paid sick leave.--Section 7001(c) of
the Families First Coronavirus Response Act <<NOTE: Ante, p.
211.>> is amended by striking ``paid by an employer which'' and
all that follows and inserting ``paid by an employer--
``(1) which are required to be paid by reason of the
Emergency Paid Sick Leave Act, or
``(2) both--
``(A) which would be so required to be paid if such
Act were applied--
``(i) by substituting `March 31, 2021' for
`December 31, 2020' in section 5109 thereof, and
``(ii) without regard to section 5102(b)(3)
thereof, and
``(B) with respect to which all requirements of such
Act (other than subsections (a) and (b) of section 5105
thereof, and determined by substituting `To be compliant
with section 5102, an employer may not' for `It shall be
unlawful for any employer to' in section 5104 thereof)
which would apply if so required are satisfied.''.
(2) Credit for sick leave of self-employed individuals.--
Section 7002(b)(2) of the Families First Coronavirus Response
Act <<NOTE: Ante, p. 212.>> is amended to read as follows:
``(2) either--
``(A) would be entitled to receive paid leave during
the taxable year pursuant to the Emergency Paid Sick
Leave Act if the individual were an employee of an
employer (other than himself or herself), or
``(B) would be so entitled if--
``(i) such Act were applied by substituting
`March 31, 2021' for `December 31, 2020' in
section 5109 thereof, and
``(ii) the individual were an employee of an
employer (other than himself or herself).''.
(3) Payroll credit for paid family leave.--Section 7003(c)
of the Families First Coronavirus Response Act <<NOTE: Ante, p.
215.>> is amended by striking ``paid by an employer which'' and
all that follows and inserting ``paid by an employer--
``(1) which are required to be paid by reason of the
Emergency Family and Medical Leave Expansion Act (including the
amendments made by such Act), or
``(2) both--
``(A) which would be so required to be paid if
section 102(a)(1)(F) of the Family and Medical Leave Act
of 1993, as amended by the Emergency Family and Medical
Leave Expansion Act, were applied by substituting `March
31, 2021' for `December 31, 2020', and
``(B) with respect to which all requirements of the
Family and Medical Leave Act of 1993 (other than section
107 thereof, and determined by substituting `To be
compliant with section 102(a)(1)(F), an employer may
not' for `It shall be unlawful for any employer to' each
place it appears in subsection (a) of section 105
thereof, by substituting `made unlawful in this title or
described in this section' for `made unlawful by this
title' in paragraph (2) of such subsection, and by
substituting `To be compliant with section 102(a)(1)(F),
an employer may not' for `It shall be unlawful for any
person to' in subsection (b) of such
[[Page 134 STAT. 1991]]
section) which relate to such section 102(a)(1)(F), and
which would apply if so required, are satisfied.''.
(4) Credit for family leave of self-employed individuals.--
Section 7004(b)(2) of the Families First Coronavirus Response
Act <<NOTE: Ante, p. 217.>> is amended to read as follows:
``(2) either--
``(A) would be entitled to receive paid leave during
the taxable year pursuant to the Emergency Family and
Medical Leave Expansion Act if the individual were an
employee of an employer (other than himself or herself),
or
``(B) would be so entitled if--
``(i) section 102(a)(1)(F) of the Family and
Medical Leave Act of 1993, as amended by the
Emergency Family and Medical Leave Expansion Act,
were applied by substituting `March 31, 2021' for
`December 31, 2020', and
``(ii) the individual were an employee of an
employer (other than himself or herself).''.
(5) <<NOTE: Time period.>> Coordination with certain
employment taxes.--Section 7005(a) of the Families First
Coronavirus Response Act <<NOTE: Ante, p. 219>> is amended by
inserting ``(or, in the case of wages paid after December 31,
2020, and before April 1, 2021, with respect to which a credit
is allowed under section 7001 or 7003)'' before ``shall not be
considered''.
(c) <<NOTE: 26 USC 1401 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the provisions
of the Families First Coronavirus Response Act to which they relate.
SEC. 287. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
EMPLOYMENT IN DETERMINING AVERAGE DAILY
SELF-EMPLOYMENT INCOME FOR PURPOSES OF
CREDITS FOR PAID SICK AND FAMILY LEAVE.
(a) Credit for Sick Leave.--Section 7002(c) of the Families First
Coronavirus Response Act <<NOTE: Ante, p. 212.>> is amended by adding
at the end the following new paragraph:
``(4) <<NOTE: Applicability.>> Election to use prior year
net earnings from self-employment income.--In the case of an
individual who elects (at such time and in such manner as the
Secretary, or the Secretary's delegate, may provide) the
application of this paragraph, paragraph (2)(A) shall be applied
by substituting `the prior taxable year' for `the taxable
year'.''.
(b) Credit for Family Leave.--Section 7004(c) of the Families First
Coronavirus Response Act <<NOTE: Ante, p. 217.>> is amended by adding
at the end the following new paragraph:
``(4) <<NOTE: Applicability.>> Election to use prior year
net earnings from self-employment income.--In the case of an
individual who elects (at such time and in such manner as the
Secretary, or the Secretary's delegate, may provide) the
application of this paragraph, paragraph (2)(A) shall be applied
by substituting `the prior taxable year' for `the taxable
year'.''.
(c) <<NOTE: 26 USC 1401 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the provisions
of the Families First Coronavirus Response Act to which they relate.
[[Page 134 STAT. 1992]]
SEC. 288. CERTAIN TECHNICAL IMPROVEMENTS TO CREDITS FOR PAID SICK
AND FAMILY LEAVE.
(a) Coordination With Application of Certain Definitions.--
(1) In general.--Sections 7001(c) and 7003(c) of the
Families First Coronavirus Response Act <<NOTE: Ante, pp. 211,
215.>> are each amended--
(A) by inserting ``, determined without regard to
paragraphs (1) through (22) of section 3121(b) of such
Code'' after ``as defined in section 3121(a) of the
Internal Revenue Code of 1986'', and
(B) by inserting ``, determined without regard to
the sentence in paragraph (1) thereof which begins `Such
term does not include remuneration' '' after ``as
defined in section 3231(e) of the Internal Revenue
Code''.
(2) Conforming amendments.--Sections 7001(e)(3) and
7003(e)(3) of the Families First Coronavirus Response
Act <<NOTE: Ante, pp. 211, 215.>> are each amended by striking
``Any term'' and inserting ``Except as otherwise provided in
this section, any term''.
(b) Coordination With Exclusion From Employment Taxes.--Sections
7001(c) and 7003(c) of the Families First Coronavirus Response Act, as
amended by subsection (a), are each amended--
(1) by inserting ``and section 7005(a) of this Act,'' after
``determined without regard to paragraphs (1) through (22) of
section 3121(b) of such Code'', and
(2) by inserting ``and without regard to section 7005(a) of
this Act'' after ``which begins `Such term does not include
remuneration' ''.
(c) Clarification of Applicable Railroad Retirement Tax for Paid
Leave Credits.--Sections 7001(e) and 7003(e) of the Families First
Coronavirus Response Act, as amended by the preceding provisions of this
Act, are each amended by adding at the end the following new paragraph:
``(4) References to railroad retirement tax.--Any reference
in this section to the tax imposed by section 3221(a) of the
Internal Revenue Code of 1986 shall be treated as a reference to
so much of such tax as is attributable to the rate in effect
under section 3111(a) of such Code.''.
(d) Clarification of Treatment of Paid Leave for Applicable Railroad
Retirement Tax.--Section 7005(a) of the Families First Coronavirus
Response Act <<NOTE: Ante, p. 219.>> is amended by adding the following
sentence at the end of such subsection: ``Any reference in this
subsection to the tax imposed by section 3221(a) of such Code shall be
treated as a reference to so much of the tax as is attributable to the
rate in effect under section 3111(a) of such Code.''.
(e) Clarification of Applicable Railroad Retirement Tax for Hospital
Insurance Tax Credit.--Section 7005(b)(1) of the Families First
Coronavirus Response Act <<NOTE: Ante, p. 219.>> is amended to read as
follows:
``(1) In general.--The credit allowed by section 7001 and
the credit allowed by section 7003 shall each be increased by
the amount of the tax imposed by section 3111(b) of the Internal
Revenue Code of 1986 and so much of the taxes imposed under
section 3221(a) of such Code as are attributable to the rate in
effect under section 3111(b) of such Code on qualified sick
leave wages, or qualified family leave wages,
[[Page 134 STAT. 1993]]
for which credit is allowed under such section 7001 or 7003
(respectively).''.
(f) <<NOTE: 26 USC 3111 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the provisions
of the Families First Coronavirus Response Act to which they relate.
TITLE III <<NOTE: Economic Aid to Hard-Hit Small Businesses, Nonprofits,
and Venues Act.>> --CONTINUING THE PAYCHECK PROTECTION PROGRAM AND OTHER
SMALL BUSINESS SUPPORT
SEC. 301. <<NOTE: 15 USC 9001 note.>> SHORT TITLE.
This title may be cited as the ``Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act''.
SEC. 302. <<NOTE: 15 USC 9001 note.>> DEFINITIONS.
In this Act:
(1) Administration; administrator.--The terms
``Administration'' and ``Administrator'' mean the Small Business
Administration and the Administrator thereof, respectively.
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 303. <<NOTE: Deadline. 15 USC 9012 note.>> EMERGENCY
RULEMAKING AUTHORITY.
Not later than 10 days after the date of enactment of this Act, the
Administrator shall issue regulations to carry out this Act and the
amendments made by this Act without regard to the notice requirements
under section 553(b) of title 5, United States Code.
SEC. 304. ADDITIONAL ELIGIBLE EXPENSES.
(a) Allowable Use of PPP Loan.--Section 7(a)(36)(F)(i) of the Small
Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended--
(1) in subclause (VI), by striking ``and'' at the end;
(2) in subclause (VII), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(VIII) covered operations
expenditures, as defined in section
7A(a);
``(IX) covered property damage
costs, as defined in section 7A(a);
``(X) covered supplier costs, as
defined in section 7A(a); and
``(XI) covered worker protection
expenditures, as defined in section
7A(a).''.
(b) Loan Forgiveness.--
(1) Transfer of section to small business act.--
(A) In general.--Section 1106 of the CARES Act (15
U.S.C. 9005) <<NOTE: 15 USC 636m.>> is redesignated as
section 7A, transferred to the Small Business Act (15
U.S.C. 631 et seq.), and inserted so as to appear after
section 7 of the Small Business Act (15 U.S.C. 636).
(B) Conforming amendments to transferred section.--
Section 7A of the Small Business Act, as redesignated
and transferred by subparagraph (A) of this paragraph,
is amended--
[[Page 134 STAT. 1994]]
(i) in subsection (a)(1), by striking ``under
paragraph (36) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as added by
section 1102'' and inserting ``under section
7(a)(36)''; and
(ii) in subsection (c), by striking ``of the
Small Business Act (15 U.S.C. 636(a))'' each place
it appears.
(C) Other conforming amendments.--
(i) Section 1109(d)(2)(D) of the CARES Act (15
U.S.C. 9008(d)(2)(D)) is amended by striking
``section 1106 of this Act'' and inserting
``section 7A of the Small Business Act''.
(ii) Section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)) is amended--
(I) in subparagraph (K), by striking
``section 1106 of the CARES Act'' and
inserting ``section 7A''; and
(II) in subparagraph (M)--
(aa) by striking ``section
1106 of the CARES Act'' each
place it appears and inserting
``section 7A''; and
(bb) in clause (v), by
striking ``section 1106(a) of
the CARES Act'' and inserting
``section 7A(a)''.
(2) Additional eligible expenses.--Section 7A of the Small
Business Act, as redesignated and transferred by paragraph (1)
of this subsection, is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (6), (7), and
(8) as paragraphs (10), (11), and (12),
respectively;
(ii) by redesignating paragraph (5) as
paragraph (8);
(iii) by redesignating paragraph (4) as
paragraph (6);
(iv) by redesignating paragraph (3) as
paragraph (4);
(v) by inserting after paragraph (2) the
following:
``(3) <<NOTE: Definition.>> the term `covered operations
expenditure' means a payment for any business software or cloud
computing service that facilitates business operations, product
or service delivery, the processing, payment, or tracking of
payroll expenses, human resources, sales and billing functions,
or accounting or tracking of supplies, inventory, records and
expenses;'';
(vi) by inserting after paragraph (4), as so
redesignated, the following:
``(5) <<NOTE: Definition.>> the term `covered property
damage cost' means a cost related to property damage and
vandalism or looting due to public disturbances that occurred
during 2020 that was not covered by insurance or other
compensation;'';
(vii) by inserting after paragraph (6), as so
redesignated, the following:
``(7) <<NOTE: Definition.>> the term `covered supplier
cost' means an expenditure made by an entity to a supplier of
goods for the supply of goods that--
``(A) are essential to the operations of the entity
at the time at which the expenditure is made; and
``(B) is made pursuant to a contract, order, or
purchase order--
[[Page 134 STAT. 1995]]
``(i) in effect at any time before the covered
period with respect to the applicable covered
loan; or
``(ii) with respect to perishable goods, in
effect before or at any time during the covered
period with respect to the applicable covered
loan;'';
(viii) by inserting after paragraph (8), as so
redesignated, the following:
``(9) <<NOTE: Definition.>> the term `covered worker
protection expenditure'--
``(A) <<NOTE: Time period.>> means an operating or
a capital expenditure to facilitate the adaptation of
the business activities of an entity to comply with
requirements established or guidance issued by the
Department of Health and Human Services, the Centers for
Disease Control, or the Occupational Safety and Health
Administration, or any equivalent requirements
established or guidance issued by a State or local
government, during the period beginning on March 1, 2020
and ending the date on which the national emergency
declared by the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) expires related to
the maintenance of standards for sanitation, social
distancing, or any other worker or customer safety
requirement related to COVID-19;
``(B) may include--
``(i) the purchase, maintenance, or renovation
of assets that create or expand--
``(I) a drive-through window
facility;
``(II) an indoor, outdoor, or
combined air or air pressure ventilation
or filtration system;
``(III) a physical barrier such as a
sneeze guard;
``(IV) an expansion of additional
indoor, outdoor, or combined business
space;
``(V) an onsite or offsite health
screening capability; or
``(VI) other assets relating to the
compliance with the requirements or
guidance described in subparagraph (A),
as determined by the Administrator in
consultation with the Secretary of
Health and Human Services and the
Secretary of Labor; and
``(ii) the purchase of--
``(I) covered materials described in
section 328.103(a) of title 44, Code of
Federal Regulations, or any successor
regulation;
``(II) particulate filtering
facepiece respirators approved by the
National Institute for Occupational
Safety and Health, including those
approved only for emergency use
authorization; or
``(III) other kinds of personal
protective equipment, as determined by
the Administrator in consultation with
the Secretary of Health and Human
Services and the Secretary of Labor; and
``(C) does not include residential real property or
intangible property;''; and
(ix) in paragraph (11), as so redesignated--
[[Page 134 STAT. 1996]]
(I) in subparagraph (C), by striking
``and'' at the end;
(II) in subparagraph (D), by
striking ``and'' at the end; and
(III) by adding at the end the
following:
``(E) covered operations expenditures;
``(F) covered property damage costs;
``(G) covered supplier costs; and
``(H) covered worker protection expenditures; and'';
(B) in subsection (b), by adding at the end the
following:
``(5) Any covered operations expenditure.
``(6) Any covered property damage cost.
``(7) Any covered supplier cost.
``(8) Any covered worker protection expenditure.'';
(C) in subsection (d)(8), by inserting ``any payment
on any covered operations expenditure, any payment on
any covered property damage cost, any payment on any
covered supplier cost, any payment on any covered worker
protection expenditure,'' after ``rent obligation,'';
and
(D) in subsection (e)--
(i) in paragraph (2)--
(I) by inserting ``purchase orders,
orders, invoices,'' before ``or other
documents''; and
(II) by striking ``covered lease
obligations,'' and inserting ``covered
rent obligations, payments on covered
operations expenditures, payments on
covered property damage costs, payments
on covered supplier costs, payments on
covered worker protection
expenditures,''; and
(ii) in paragraph (3)(B), by inserting ``make
payments on covered operations expenditures, make
payments on covered property damage costs, make
payments on covered supplier costs, make payments
on covered worker protection expenditures,'' after
``rent obligation,''.
(c) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall be effective as
if included in the CARES Act (Public Law 116-136; 134 Stat. 281)
and shall apply to any loan made pursuant to section 7(a)(36) of
the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
after the date of enactment of this Act, including forgiveness
of such a loan.
(2) Exclusion of loans already forgiven.--The amendments
made by subsections (a) and (b) shall not apply to a loan made
pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) for which the borrower received forgiveness
before the date of enactment of this Act under section 1106 of
the CARES Act, as in effect on the day before such date of
enactment.
SEC. 305. HOLD HARMLESS.
(a) In General.--Subsection (h) of section 7A of the Small Business
Act, as redesignated and transferred by section 304 of this Act, is
amended to read as follows:
``(h) Hold Harmless.--
[[Page 134 STAT. 1997]]
``(1) Definition.--In this subsection, the term `initial or
second draw PPP loan' means a covered loan or a loan under
paragraph (37) of section 7(a).
``(2) Reliance.--A lender may rely on any certification or
documentation submitted by an applicant for an initial or second
draw PPP loan or an eligible recipient or eligible entity
receiving initial or second draw PPP loan that--
``(A) is submitted pursuant to all applicable
statutory requirements, regulations, and guidance
related to initial or second draw PPP loan, including
under paragraph (36) or (37) of section 7(a) and under
this section; and
``(B) attests that the applicant, eligible
recipient, or eligible entity, as applicable, has
accurately provided the certification or documentation
to the lender in accordance with the statutory
requirements, regulations, and guidance described in
subparagraph (A).
``(3) No enforcement action.--With respect to a lender that
relies on a certification or documentation described in
paragraph (2) related to an initial or second draw PPP loan, an
enforcement action may not be taken against the lender, and the
lender shall not be subject to any penalties relating to loan
origination or forgiveness of the initial or second draw PPP
loan, if--
``(A) the lender acts in good faith relating to loan
origination or forgiveness of the initial or second draw
PPP loan based on that reliance; and
``(B) all other relevant Federal, State, local, and
other statutory and regulatory requirements applicable
to the lender are satisfied with respect to the initial
or second draw PPP loan.''.
(b) <<NOTE: 15 USC 636m note.>> Effective Date; Applicability.--The
amendment made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
SEC. 306. SELECTION OF COVERED PERIOD FOR FORGIVENESS.
Section 7A of the Small Business Act, as redesignated and
transferred by section 304 of this Act, is amended--
(A) by amending paragraph (4) of subsection (a), as
so redesignated by section 304(b) of this Act, to read
as follows:
``(4) <<NOTE: Definition.>> the term `covered period' means
the period--
``(A) beginning on the date of the origination of a
covered loan; and
``(B) ending on a date selected by the eligible
recipient of the covered loan that occurs during the
period--
``(i) beginning on the date that is 8 weeks
after such date of origination; and
``(ii) ending on the date that is 24 weeks
after such date of origination;''; and
(1) by striking subsection (l).
[[Page 134 STAT. 1998]]
SEC. 307. SIMPLIFIED FORGIVENESS APPLICATION.
(a) In General.--Section 7A of the Small Business Act, as
redesignated and transferred by section 304 of this Act, and as amended
by section 306 of this Act, is amended--
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ``An eligible'' and inserting ``Except as
provided in subsection (l), an eligible'';
(2) in subsection (f), by inserting ``or the certification
required under subsection (l), as applicable'' after
``subsection (e)''; and
(3) by adding at the end the following:
``(l) Simplified Application.--
``(1) Covered loans up to $150,000.--
``(A) In general .--With respect to a covered loan
made to an eligible recipient that is not more than
$150,000, the covered loan amount shall be forgiven
under this section if the eligible recipient--
``(i) <<NOTE: Certification. Deadline.>>
signs and submits to the lender a certification,
to be established by the Administrator not later
than 24 days after the date of enactment of the
Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act, which--
``(I) shall be not more than 1 page
in length; and
``(II) shall only require the
eligible recipient to provide--
``(aa) a description of the
number of employees the eligible
recipient was able to retain
because of the covered loan;
``(bb) the estimated amount
of the covered loan amount spent
by the eligible recipient on
payroll costs; and
``(cc) the total loan value;
``(ii) attests that the eligible recipient
has--
``(I) accurately provided the
required certification; and
``(II) complied with the
requirements under section 7(a)(36); and
``(iii) <<NOTE: Records. Time periods.>>
retains records relevant to the form that prove
compliance with such requirements--
``(I) with respect to employment
records, for the 4-year period following
submission of the form; and
``(II) with respect to other
records, for the 3-year period following
submission of the form.
``(B) Limitation on requiring additional
materials.--An eligible recipient of a covered loan that
is not more than $150,000 shall not, at the time of the
application for forgiveness, be required to submit any
application or documentation in addition to the
certification and information required to substantiate
forgiveness.
``(C) Records for other requirements.--Nothing in
subparagraph (A) or (B) shall be construed to exempt an
eligible recipient from having to provide documentation
independently to a lender to satisfy relevant Federal,
State, local, or other statutory or regulatory
requirements, or
[[Page 134 STAT. 1999]]
in connection with an audit as authorized under
subparagraph (E).
``(D) Demographic information.--The certification
established by the Administrator under subparagraph (A)
shall include a means by which an eligible recipient
may, at the discretion of the eligible recipient, submit
demographic information of the owner of the eligible
recipient, including the sex, race, ethnicity, and
veteran status of the owner.
``(E) Audit authority.--The Administrator may--
``(i) <<NOTE: Review.>> review and audit
covered loans described in subparagraph (A);
``(ii) <<NOTE: Records.>> access any records
described in subparagraph (A)(iii); and
``(iii) in the case of fraud, ineligibility,
or other material noncompliance with applicable
loan or loan forgiveness requirements, modify--
``(I) the amount of a covered loan
described in subparagraph (A); or
``(II) the loan forgiveness amount
with respect to a covered loan described
in subparagraph (A).
``(2) Covered loans of more than $150,000.--
``(A) In general.--With respect to a covered loan in
an amount that is more than $150,000, the eligible
recipient shall submit to the lender that is servicing
the covered loan the documentation described in
subsection (e).
``(B) Demographic information.--The process for
submitting the documentation described in subsection (e)
shall include a means by which an eligible recipient
may, at the discretion of the eligible recipient, submit
demographic information of the owner of the eligible
recipient, including the sex, race, ethnicity, and
veteran status of the owner.
``(3) Forgiveness audit plan.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 45 days after the date of enactment of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
Act, the Administrator shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of
Representatives an audit plan that details--
``(i) the policies and procedures of the
Administrator for conducting forgiveness reviews
and audits of covered loans; and
``(ii) <<NOTE: Determination.>> the metrics
that the Administrator shall use to determine
which covered loans will be audited.
``(B) Reports.--Not later than 30 days after the
date on which the Administrator submits the audit plan
required under subparagraph (A), and each month
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the forgiveness review
and audit activities of the Administrator under this
subsection, which shall include--
``(i) the number of active reviews and audits;
[[Page 134 STAT. 2000]]
``(ii) <<NOTE: Time period.>> the number of
reviews and audits that have been ongoing for more
than 60 days; and
``(iii) any substantial changes made to the
audit plan submitted under subparagraph (A).''.
(b) <<NOTE: 15 USC 636m note.>> Effective Date; Applicability.--The
amendments made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
SEC. 308. SPECIFIC GROUP INSURANCE PAYMENTS AS PAYROLL COSTS.
(a) In General.--Section 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small
Business Act (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by
inserting ``or group life, disability, vision, or dental insurance''
before ``benefits''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--The
amendment made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
SEC. 309. <<NOTE: 15 USC 636 note.>> DEMOGRAPHIC INFORMATION.
On and after the date of enactment of this Act, any loan origination
application for a loan under paragraph (36) or (37) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)), as amended and added by this
division, shall include a means by which the applicant for the loan may,
at the discretion of the applicant, submit demographic information of
the owner of the recipient of the loan, including the sex, race,
ethnicity, and veteran status of the owner.
SEC. 310. CLARIFICATION OF AND ADDITIONAL LIMITATIONS ON
ELIGIBILITY.
(a) Date in Operation.--
(1) In general.--Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) is amended by adding at the end the
following:
``(T) Requirement for date in operation.--A business
or organization that was not in operation on February
15, 2020 shall not be eligible for a loan under this
paragraph.''.
(2) <<NOTE: 15 USC 636 note.>> Effective date;
applicability.--The amendment made by paragraph (1) shall be
effective as if included in the CARES Act (Public Law 116-136;
134 Stat. 281) and shall apply to any loan made pursuant to
section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
(b) Exclusion of Entities Receiving Shuttered Venue Operator
Grants.--Section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)), as amended by subsection (a) of this section, is amended by
adding at the end the following:
``(U) Exclusion of entities receiving shuttered
venue operator grants.--An eligible person or entity (as
defined under of section 24 of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues Act)
[[Page 134 STAT. 2001]]
that receives a grant under such section 24 shall not be
eligible for a loan under this paragraph.''.
SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following:
``(37) Paycheck protection program second draw loans.--
``(A) Definitions.--In this paragraph--
``(i) the terms `eligible self-employed
individual', `housing cooperative', `nonprofit
organization', `payroll costs', `seasonal
employer', and `veterans organization' have the
meanings given those terms in paragraph (36),
except that `eligible entity' shall be substituted
for `eligible recipient' each place it appears in
the definitions of those terms;
``(ii) the term `covered loan' means a loan
made under this paragraph;
``(iii) the terms `covered mortgage
obligation', `covered operating expenditure',
`covered property damage cost', `covered rent
obligation', `covered supplier cost', `covered
utility payment', and `covered worker protection
expenditure' have the meanings given those terms
in section 7A(a);
``(iv) the term `eligible entity'--
``(I) <<NOTE: Time periods.>> means
any business concern, nonprofit
organization, housing cooperative,
veterans organization, Tribal business
concern, eligible self-employed
individual, sole proprietor, independent
contractor, or small agricultural
cooperative that--
``(aa) employs not more than
300 employees; and
``(bb)(AA) except as
provided in subitems (BB), (CC),
and (DD), had gross receipts
during the first, second, third,
or, only with respect to an
application submitted on or
after January 1, 2021, fourth
quarter in 2020 that demonstrate
not less than a 25 percent
reduction from the gross
receipts of the entity during
the same quarter in 2019;
``(BB) if the entity was not
in business during the first or
second quarter of 2019, but was
in business during the third and
fourth quarter of 2019, had
gross receipts during the first,
second, third, or, only with
respect to an application
submitted on or after January 1,
2021, fourth quarter of 2020
that demonstrate not less than a
25 percent reduction from the
gross receipts of the entity
during the third or fourth
quarter of 2019;
``(CC) if the entity was not
in business during the first,
second, or third quarter of
2019, but was in business during
the fourth quarter of 2019, had
gross receipts during the first,
second, third, or, only with
respect to an application
submitted on or after January
[[Page 134 STAT. 2002]]
1, 2021, fourth quarter of 2020
that demonstrate not less than a
25 percent reduction from the
gross receipts of the entity
during the fourth quarter of
2019; or
``(DD) if the entity was not
in business during 2019, but was
in operation on February 15,
2020, had gross receipts during
the second, third, or, only with
respect to an application
submitted on or after January 1,
2021, fourth quarter of 2020
that demonstrate not less than a
25 percent reduction from the
gross receipts of the entity
during the first quarter of
2020;
``(II) includes a business concern
or organization made eligible for a loan
under paragraph (36) under clause
(iii)(II), (iv)(IV), or (vii) of
subparagraph (D) of paragraph (36) and
that meets the requirements described in
items (aa) and (bb) of subclause (I);
and
``(III) does not include--
``(aa) any entity that is a
type of business concern (or
would be, if such entity were a
business concern) described in
section 120.110 of title 13,
Code of Federal Regulations (or
in any successor regulation or
other related guidance or rule
that may be issued by the
Administrator) other than a
business concern described in
subsection (a) or (k) of such
section; or
``(bb) any business concern
or entity primarily engaged in
political or lobbying
activities, which shall include
any entity that is organized for
research or for engaging in
advocacy in areas such as public
policy or political strategy or
otherwise describes itself as a
think tank in any public
documents;
``(cc) any business concern
or entity--
``(AA) for which an
entity created in or
organized under the laws of
the People's Republic of
China or the Special
Administrative Region of
Hong Kong, or that has
significant operations in
the People's Republic of
China or the Special
Administrative Region of
Hong Kong, owns or holds,
directly or indirectly, not
less than 20 percent of the
economic interest of the
business concern or entity,
including as equity shares
or a capital or profit
interest in a limited
liability company or
partnership; or
``(BB) that retains, as
a member of the board of
directors of the business
concern, a person who is a
resident of the People's
Republic of China;
``(dd) any person required
to submit a registration
statement under section 2 of the
Foreign Agents Registration Act
of 1938 (22 U.S.C. 612); or
[[Page 134 STAT. 2003]]
``(ee) an eligible person or
entity (as defined under section
24 of the Economic Aid to Hard-
Hit Small Businesses,
Nonprofits, and Venues Act) that
receives a grant under such
section 24; and
``(v) <<NOTE: Definition.>> the term `Tribal
business concern' means a Tribal business concern
described in section 31(b)(2)(C).
``(B) Loans.--Except as otherwise provided in this
paragraph, the Administrator may guarantee covered loans
to eligible entities under the same terms, conditions,
and processes as a loan made under paragraph (36).
``(C) Maximum loan amount.--
``(i) In general.--Except as otherwise
provided in this subparagraph, the maximum amount
of a covered loan made to an eligible entity is
the lesser of--
``(I) the product obtained by
multiplying--
``(aa) at the election of
the eligible entity, the average
total monthly payment for
payroll costs incurred or paid
by the eligible entity during--
``(AA) <<NOTE: Time
period.>> the 1-year period
before the date on which the
loan is made; or
``(BB) calendar year
2019; by
``(bb) 2.5; or
``(II) $2,000,000.
``(ii) Seasonal employers.--The maximum amount
of a covered loan made to an eligible entity that
is a seasonal employer is the lesser of--
``(I) the product obtained by
multiplying--
``(aa) <<NOTE: Time
period.>> at the election of
the eligible entity, the average
total monthly payments for
payroll costs incurred or paid
by the eligible entity for any
12-week period between February
15, 2019 and February 15, 2020;
by
``(bb) 2.5; or
``(II) $2,000,000.
``(iii) New entities.--The maximum amount of a
covered loan made to an eligible entity that did
not exist during the 1-year period preceding
February 15, 2020 is the lesser of--
``(I) the product obtained by
multiplying--
``(aa) the quotient obtained
by dividing--
``(AA) the sum of the
total monthly payments by
the eligible entity for
payroll costs paid or
incurred by the eligible
entity as of the date on
which the eligible entity
applies for the covered
loan; by
``(BB) the number of
months in which those
payroll costs were paid or
incurred; by
``(bb) 2.5; or
``(II) $2,000,000.
``(iv) NAICS 72 entities.--The maximum amount
of a covered loan made to an eligible entity that
is assigned a North American Industry
Classification System code beginning with 72 at
the time of disbursal is the lesser of--
[[Page 134 STAT. 2004]]
``(I) the product obtained by
multiplying--
``(aa) at the election of
the eligible entity, the average
total monthly payment for
payroll costs incurred or paid
by the eligible entity during--
``(AA) the 1-year period
before the date on which the
loan is made; or
``(BB) calendar year
2019; by
``(bb) 3.5; or
``(II) $2,000,000.
``(D) Business concerns with more than 1 physical
location.--
``(i) In general.--For a business concern with
more than 1 physical location, the business
concern shall be an eligible entity if the
business concern would be eligible for a loan
under paragraph (36) pursuant to clause (iii) of
subparagraph (D) of such paragraph, as applied in
accordance with clause (ii) of this subparagraph,
and meets the revenue reduction requirements
described in item (bb) of subparagraph (A)(iv)(I).
``(ii) Size limit.--For purposes of applying
clause (i), the Administrator shall substitute
`not more than 300 employees' for `not more than
500 employees' in paragraph (36)(D)(iii).
``(E) <<NOTE: Applicability.>> Waiver of
affiliation rules.--
``(i) <<NOTE: Determination.>> In general.--
The waiver described in paragraph (36)(D)(iv)
shall apply for purposes of determining
eligibility under this paragraph.
``(ii) Size limit.--For purposes of applying
clause (i), the Administrator shall substitute
`not more than 300 employees' for `not more than
500 employees' in subclause (I) and (IV) of
paragraph (36)(D)(iv).
``(F) Loan number limitation.--An eligible entity
may only receive 1 covered loan.
``(G) Exception from certain certification
requirements.--An eligible entity applying for a covered
loan shall not be required to make the certification
described in clause (iii) or (iv) of paragraph (36)(G).
``(H) Fee waiver.--With respect to a covered loan--
``(i) in lieu of the fee otherwise applicable
under paragraph (23)(A), the Administrator shall
collect no fee; and
``(ii) in lieu of the fee otherwise applicable
under paragraph (18)(A), the Administrator shall
collect no fee.
``(I) Gross receipts and simplified certification of
revenue test.--
``(i) Loans of up to $150,000.--For a covered
loan of not more than $150,000, the eligible
entity--
``(I) may submit a certification
attesting that the eligible entity meets
the applicable revenue loss requirement
under subparagraph (A)(iv)(I)(bb); and
``(II) if the eligible entity
submits a certification under subclause
(I), shall, on or before the date on
which the eligible entity submits an
[[Page 134 STAT. 2005]]
application for forgiveness under
subparagraph (J), produce adequate
documentation that the eligible entity
met such revenue loss standard.
``(ii) For nonprofit and veterans
organizations.--For purposes of calculating gross
receipts under subparagraph (A)(iv)(I)(bb) for an
eligible entity that is a nonprofit organization,
a veterans organization, or an organization
described in subparagraph (A)(iv)(II), gross
receipts means gross receipts within the meaning
of section 6033 of the Internal Revenue Code of
1986.
``(J) Loan forgiveness.--
``(i) Definition of covered period.--In this
subparagraph, the term `covered period' has the
meaning given that term in section 7A(a).
``(ii) Forgiveness generally.--Except as
otherwise provided in this subparagraph, an
eligible entity shall be eligible for forgiveness
of indebtedness on a covered loan in the same
manner as an eligible recipient with respect to a
loan made under paragraph (36) of this section, as
described in section 7A.
``(iii) Forgiveness amount.--An eligible
entity shall be eligible for forgiveness of
indebtedness on a covered loan in an amount equal
to the sum of the following costs incurred or
expenditures made during the covered period:
``(I) <<NOTE: Determinations.>>
Payroll costs, excluding any payroll
costs that are--
``(aa) qualified wages, as
defined in subsection (c)(3) of
section 2301 of the CARES Act
(26 U.S.C. 3111 note), taken
into account in determining the
credit allowed under such
section; or
``(bb) qualified wages taken
into account in determining the
credit allowed under subsection
(a) or (d) of section 303 of the
Taxpayer Certainty and Disaster
Relief Act of 2020.
``(II) Any payment of interest on
any covered mortgage obligation (which
shall not include any prepayment of or
payment of principal on a covered
mortgage obligation).
``(III) Any covered operations
expenditure.
``(IV) Any covered property damage
cost.
``(V) Any payment on any covered
rent obligation.
``(VI) Any covered utility payment.
``(VII) Any covered supplier cost.
``(VIII) Any covered worker
protection expenditure.
``(iv) Limitation on forgiveness for all
eligible entities.--Subject to any reductions
under section 7A(d), the forgiveness amount under
this subparagraph shall be equal to the lesser
of--
``(I) the amount described in clause
(ii); and
``(II) the amount equal to the
quotient obtained by dividing--
[[Page 134 STAT. 2006]]
``(aa) the amount of the
covered loan used for payroll
costs during the covered period;
and
``(bb) 0.60.
``(v) Submission of materials for
forgiveness.--For
purposes <<NOTE: Applicability.>> of applying
subsection (l)(1) of section 7A to a covered loan
of not more than $150,000 under this paragraph, an
eligible entity may be required to provide, at the
time of the application for forgiveness,
documentation required to substantiate revenue
loss in accordance with subparagraph (I).
``(K) Lender eligibility.--Except as otherwise
provided in this paragraph, a lender approved to make
loans under paragraph (36) may make covered loans under
the same terms and conditions as in paragraph (36).
``(L) Reimbursement for loan processing and
servicing.--The Administrator shall reimburse a lender
authorized to make a covered loan--
``(i) for a covered loan of not more than
$50,000, in an amount equal to the lesser of--
``(I) 50 percent of the balance of
the financing outstanding at the time of
disbursement of the covered loan; or
``(II) $2,500;
``(ii) at a rate, based on the balance of the
financing outstanding at the time of disbursement
of the covered loan, of--
``(I) 5 percent for a covered loan
of more than $50,000 and not more than
$350,000; and
``(II) 3 percent for a covered loan
of more than $350,000.
``(M) <<NOTE: Deadline.>> Publication of
guidance.--Not later than 10 days after the date of
enactment of this paragraph, the Administrator shall
issue guidance addressing barriers to accessing capital
for minority, underserved, veteran, and women-owned
business concerns for the purpose of ensuring equitable
access to covered loans.
``(N) Standard operating procedure.--The
Administrator shall, to the maximum extent practicable,
allow a lender approved to make covered loans to use
existing program guidance and standard operating
procedures for loans made under this subsection.
``(O) Supplemental covered loans.--A covered loan
under this paragraph may only be made to an eligible
entity that--
``(i) has received a loan under paragraph
(36); and
``(ii) on or before the expected date on which
the covered loan under this paragraph is disbursed
to the eligible entity, has used, or will use, the
full amount of the loan received under paragraph
(36).''.
(b) Application of Exemption Based on Employee Availability.--
(1) In general.--Section 7A(d) of the Small Business Act, as
redesignated and transferred by section 304 of this Act, is
amended--
(A) <<NOTE: Deadline.>> in paragraph (5)(B), by
inserting ``(or, with respect to a covered loan made on
or after the date of enactment
[[Page 134 STAT. 2007]]
of the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act, not later than the last day
of the covered period with respect to such covered
loan)'' after ``December 31, 2020'' each place it
appears; and
(B) in paragraph (7)--
(i) by inserting ``(or, with respect to a
covered loan made on or after the date of
enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, ending on
the last day of the covered period with respect to
such covered loan)'' after ``December 31, 2020''
the first and third places it appears; and
(ii) by inserting ``(or, with respect to a
covered loan made on or after the date of
enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, on or
before the last day of the covered period with
respect to such covered loan)'' after ``December
31, 2020'' the second place it appears.
(2) <<NOTE: Regulations. 15 USC 636m note.>> Modification
of dates.--The Administrator and the Secretary of the Treasury
may jointly, by regulation, modify any date in section 7A(d) of
the Small Business Act, as redesignated and transferred by
section 304 of this Act, other than a deadline established under
an amendment made by paragraph (1), in a manner consistent with
the purposes of the Paycheck Protection Program to help
businesses retain workers and meet financial obligations.
(c) <<NOTE: 15 USC 636 note.>> Eligible Churches and Religious
Organizations.--
(1) Sense of congress.--It is the sense of Congress that the
interim final rule of the Administration entitled ``Business
Loan Program Temporary Changes; Paycheck Protection Program''
(85 Fed. Reg. 20817 (April 15, 2020)) properly clarified the
eligibility of churches and religious organizations for loans
made under paragraph (36) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)).
(2) Applicability of prohibition.--The prohibition on
eligibility established by section 120.110(k) of title 13, Code
of Federal Regulations, or any successor regulation, shall not
apply to a loan under paragraph (36) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
SEC. 312. <<NOTE: 15 USC 636 note.>> INCREASED ABILITY FOR
PAYCHECK PROTECTION PROGRAM BORROWERS TO
REQUEST AN INCREASE IN LOAN AMOUNT DUE
TO UPDATED REGULATIONS.
(a) Definitions.--In this section--
(1) the terms ``covered loan'' and ``eligible recipient''
have the meanings given those terms in 7(a)(36)(A) of the Small
Business Act (15 U.S.C. 636(a)(36)(A)); and
(2) the term ``included covered loan'' means a covered loan
for which, as of the date of enactment of this Act, the borrower
had not received forgiveness under section 1106 of the CARES
Act, as in effect on the day before such date of enactment.
(b) <<NOTE: Deadline.>> Rules or Guidance.--Not later than 17 days
after the date of enactment of this Act, and without regard to the
notice requirements under section 553(b) of title 5, United States Code,
the Administrator shall issue rules or guidance to ensure that an
eligible recipient of an included covered loan that returns
[[Page 134 STAT. 2008]]
amounts disbursed under the included covered loan or does not accept the
full amount of the included covered loan for which the eligible
recipient was approved--
(1) in the case of an eligible recipient that returned all
or part of an included covered loan, the eligible recipient may
reapply for a covered loan for an amount equal to the difference
between the amount retained and the maximum amount applicable;
and
(2) in the case of an eligible recipient that did not accept
the full amount of an included covered loan, the eligible
recipient may request a modification to increase the amount of
the covered loan to the maximum amount applicable, subject to
the requirements of section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)).
(c) Interim Final Rules.--Notwithstanding the interim final rule
issued by the Administration entitled ``Business Loan Program Temporary
Changes; Paycheck Protection Program--Loan Increases'' (85 Fed. Reg.
29842 (May 19, 2020)), an eligible recipient of an included covered loan
that is eligible for an increased covered loan amount as a result of any
interim final rule that allows for covered loan increases may submit a
request for an increase in the included covered loan amount even if--
(1) the initial covered loan amount has been fully
disbursed; or
(2) the lender of the initial covered loan has submitted to
the Administration a Form 1502 report related to the covered
loan.
SEC. 313. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND
RANCHERS UNDER THE PAYCHECK PROTECTION
PROGRAM.
(a) In General.--Section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)), as amended by section 310 of this Act, is amended--
(1) in subparagraph (E), in the matter preceding clause (i),
by striking ``During'' and inserting ``Except as provided in
subparagraph (V), during''; and
(2) by adding at the end the following:
``(V) Calculation of maximum loan amount for farmers
and ranchers.--
``(i) Definition.--In this subparagraph, the
term `covered recipient' means an eligible
recipient that--
``(I) operates as a sole
proprietorship or as an independent
contractor, or is an eligible self-
employed individual;
``(II) reports farm income or
expenses on a Schedule F (or any
equivalent successor schedule); and
``(III) was in business as of
February 15, 2020.
``(ii) No employees.--With respect to covered
recipient without employees, the maximum covered
loan amount shall be the lesser of--
``(I) the sum of--
``(aa) the product obtained
by multiplying--
``(AA) the gross income
of the covered recipient in
2019, as reported on a
[[Page 134 STAT. 2009]]
Schedule F (or any
equivalent successor
schedule), that is not more
than $100,000, divided by
12; and
``(BB) 2.5; and
``(bb) <<NOTE: Time
period.>> the outstanding
amount of a loan under
subsection (b)(2) that was made
during the period beginning on
January 31, 2020 and ending on
April 3, 2020 that the borrower
intends to refinance under the
covered loan, not including any
amount of any advance under the
loan that is not required to be
repaid; or
``(II) $2,000,000.
``(iii) With employees.--With respect to a
covered recipient with employees, the maximum
covered loan amount shall be calculated using the
formula described in subparagraph (E), except that
the gross income of the covered recipient
described in clause (ii)(I)(aa)(AA) of this
subparagraph, as divided by 12, shall be added to
the sum calculated under subparagraph (E)(i)(I).
``(iv) Recalculation.--A lender that made a
covered loan to a covered recipient before the
date of enactment of this subparagraph may, at the
request of the covered recipient--
``(I) recalculate the maximum loan
amount applicable to that covered loan
based on the formula described in clause
(ii) or (iii), as applicable, if doing
so would result in a larger covered loan
amount; and
``(II) provide the covered recipient
with additional covered loan amounts
based on that recalculation.''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall be effective as if
included in the CARES Act (Public Law 116-136; 134 Stat. 281)
and shall apply to any loan made pursuant to section 7(a)(36) of
the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
after the date of enactment of this Act, including forgiveness
of such a loan.
(2) Exclusion of loans already forgiven.--The amendments
made by subsection (a) shall not apply to a loan made pursuant
to section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) for which the borrower received forgiveness before
the date of enactment of this Act under section 1106 of the
CARES Act, as in effect on the day before such date of
enactment.
SEC. 314. <<NOTE: 15 USC 636 note.>> FARM CREDIT SYSTEM
INSTITUTIONS.
(a) Definition of Farm Credit System Institution.--In this section,
the term ``Farm Credit System institution''--
(1) means an institution of the Farm Credit System chartered
under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); and
(2) does not include the Federal Agricultural Mortgage
Corporation.
[[Page 134 STAT. 2010]]
(b) Facilitation of Participation in PPP and Second Draw Loans.--
(1) Applicable rules.--Solely with respect to loans under
paragraphs (36) and (37) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), Farm Credit Administration regulations
and guidance issued as of July 14, 2020, and compliance with
such regulations and guidance, shall be deemed functionally
equivalent to requirements referenced in section 3(a)(iii)(II)
of the interim final rule of the Administration entitled
``Business Loan Program Temporary Changes; Paycheck Protection
Program'' (85 Fed. Reg. 20811 (April 15, 2020)) or any similar
requirement referenced in that interim final rule in
implementing such paragraph (37).
(2) Applicability of certain loan requirements.--For
purposes of making loans under paragraph (36) or (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving
those loans in accordance with section 7A of the Small Business
Act, as redesignated and transferred by section 304 of this Act,
and subparagraph (J) of such paragraph (37), sections 4.13,
4.14, and 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2199,
2202, 2202a) (including regulations issued under those sections)
shall not apply.
(3) Risk weight.--
(A) In general.--With respect to the application of
Farm Credit Administration capital requirements, a loan
described in subparagraph (B)--
(i) shall receive a risk weight of zero
percent; and
(ii) shall not be included in the calculation
of any applicable leverage ratio or other
applicable capital ratio or calculation.
(B) Loans described.--A loan referred to in
subparagraph (A) is--
(i) a loan made by a Farm Credit Bank
described in section 1.2(a) of the Farm Credit Act
of 1971 (12 U.S.C. 2002(a)) to a Federal Land Bank
Association, a Production Credit Association, or
an agricultural credit association described in
that section to make loans under paragraph (36) or
(37) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)) or forgive those loans in
accordance with section 7A of the Small Business
Act, as redesignated and transferred by section
304 of this Act, and subparagraph (J) of such
paragraph (37); or
(ii) a loan made by a Federal Land Bank
Association, a Production Credit Association, an
agricultural credit association, or the bank for
cooperatives described in section 1.2(a) of the
Farm Credit Act of 1971 (12 U.S.C. 2002(a)) under
paragraph (36) or (37) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
(c) Effective Date; Applicability.--This section shall be effective
as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and
shall apply to any loan made pursuant to section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
enactment of this Act, including forgiveness of such a loan.
[[Page 134 STAT. 2011]]
SEC. 315. DEFINITION OF SEASONAL EMPLOYER.
(a) PPP Loans.--Section 7(a)(36)(A) of the Small Business Act (15
U.S.C. 636(a)(36)(A)) is amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(xiii) the term `seasonal employer' means an
eligible recipient that--
``(I) does not operate for more than
7 months in any calendar year; or
``(II) <<NOTE: Time period.>>
during the preceding calendar year, had
gross receipts for any 6 months of that
year that were not more than 33.33
percent of the gross receipts of the
employer for the other 6 months of that
year;''.
(b) Loan Forgiveness.--Paragraph (12) of section 7A(a) of the Small
Business Act, as so redesignated and transferred by section 304 of this
Act, is amended to read as follows:
``(12) the terms `payroll costs' and `seasonal employer'
have the meanings given those terms in section 7(a)(36).''.
(c) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--The
amendments made by subsections (a) and (b) shall be effective as if
included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall
apply to any loan made pursuant to section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
enactment of this Act, including forgiveness of such a loan.
SEC. 316. HOUSING COOPERATIVES.
Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
amended--
(1) in subparagraph (A), as amended by section 315(a) of
this Act, by adding at the end the following:
``(xiv) <<NOTE: Definition.>> the term
`housing cooperative' means a cooperative housing
corporation (as defined in section 216(b) of the
Internal Revenue Code of 1986) that employs not
more than 300 employees;''; and
(2) in subparagraph (D)--
(A) in clause (i), by inserting ``housing
cooperative,'' before ``veterans organization,'' each
place it appears; and
(B) in clause (vi), by inserting ``, a housing
cooperative,'' before ``a veterans organization''.
SEC. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER THE
PAYCHECK PROTECTION PROGRAM.
(a) Eligibility of Individual Stations, Newspapers, and Public
Broadcasting Organizations.--Section 7(a)(36)(D)(iii) of the Small
Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is amended--
(1) by striking ``During the covered period'' and inserting
the following:
``(I) In general.--During the
covered period''; and
(2) by adding at the end the following
``(II) Eligibility of news
organizations.--
``(aa) Definition.--In this
subclause, the term `included
business concern' means a
business concern, including any
station which
[[Page 134 STAT. 2012]]
broadcasts pursuant to a license
granted by the Federal
Communications Commission under
title III of the Communications
Act of 1934 (47 U.S.C. 301 et
seq.) without regard for whether
such a station is a concern as
defined in section 121.105 of
title 13, Code of Federal
Regulations, or any successor
thereto--
``(AA) that employs not
more than 500 employees, or
the size standard
established by the
Administrator for the North
American Industry
Classification System code
applicable to the business
concern, per physical
location of such business
concern; or
``(BB) any nonprofit
organization or any
organization otherwise
subject to section
511(a)(2)(B) of the Internal
Revenue Code of 1986 that is
a public broadcasting entity
(as defined in section
397(11) of the
Communications Act of 1934
(47 U.S.C. 397(11))).
``(bb) Eligibility.--During
the covered period, an included
business concern shall be
eligible to receive a covered
loan if--
``(AA) the included
business concern is majority
owned or controlled by a
business concern that is
assigned a North American
Industry Classification
System code beginning with
511110 or 5151 or, with
respect to a public
broadcasting entity (as
defined in section 397(11)
of the Communications Act of
1934 (47 U.S.C. 397(11))),
has a trade or business that
falls under such a code; and
``(BB) the included
business concern makes a
good faith certification
that proceeds of the loan
will be used to support
expenses at the component of
the included business
concern that produces or
distributes locally focused
or emergency information.''.
(b) Eligibility of Affiliated Entities.--Section 7(a)(36)(D)(iv) of
the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV)(aa) any business concern
(including any station which broadcasts
pursuant to a license granted by the
Federal Communications Commission under
title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) without
regard for whether such a station is a
concern as defined in section 121.105 of
title 13, Code of Federal Regulations,
or any successor thereto) that employs
not more than 500 employees, or the size
[[Page 134 STAT. 2013]]
standard established by the
Administrator for the North American
Industry Classification System code
applicable to the business concern, per
physical location of such business
concern and is majority owned or
controlled by a business concern that is
assigned a North American Industry
Classification System code beginning
with 511110 or 5151; or
``(bb) any nonprofit organization
that is assigned a North American
Industry Classification System code
beginning with 5151.''.
(c) Application of Prohibition on Publicly Traded Companies.--Clause
(viii) of section 7(a)(36)(D) of the Small Business Act (15 U.S.C.
636(a)(36)(D), as added by section 342 of this Act is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(I) In general.--Subject to
subclause (II), and notwithstanding'';
and
(2) by adding at the end--
``(II) Rule for affiliated
entities.--With respect to a business
concern made eligible by clause
(iii)(II) or clause (iv)(IV) of this
subparagraph, the Administrator shall
not consider whether any affiliated
entity, which for purposes of this
subclause shall include any entity that
owns or controls such business concern,
is an issuer.''.
SEC. 318. ELIGIBILITY OF 501(c)(6) AND DESTINATION MARKETING
ORGANIZATIONS FOR LOANS UNDER THE
PAYCHECK PROTECTION PROGRAM.
Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
amended--
(1) in subparagraph (A), as amended by section 316 of this
Act, by adding at the end the following:
``(xv) <<NOTE: Definition.>> the term
`destination marketing organization' means a
nonprofit entity that is--
``(I) an organization described in
section 501(c) of the Internal Revenue
Code of 1986 and exempt from tax under
section 501(a) of such Code; or
``(II) a State, or a political
subdivision of a State (including any
instrumentality of such entities)--
``(aa) engaged in marketing
and promoting communities and
facilities to businesses and
leisure travelers through a
range of activities, including--
``(AA) assisting with
the location of meeting and
convention sites;
``(BB) providing travel
information on area
attractions, lodging
accommodations, and
restaurants;
``(CC) providing maps;
and
``(DD) organizing group
tours of local historical,
recreational, and cultural
attractions; or
[[Page 134 STAT. 2014]]
``(bb) that is engaged in,
and derives the majority of the
operating budget of the entity
from revenue attributable to,
providing live events; and'';
and
(2) in subparagraph (D), as amended by section 316 of this
Act--
(A) in clause (v), by inserting ``or for purposes of
determining the number of employees of a housing
cooperative or a business concern or organization made
eligible for a loan under this paragraph under clause
(iii)(II), (iv)(IV), or (vii),'' after ``clause
(i)(I),'';
(B) in clause (vi), by inserting ``a business
concern or organization made eligible for a loan under
this paragraph under clause (vii),'' after ``a nonprofit
organization,''; and
(C) by adding at the end the following:
``(vii) Eligibility for certain 501(c)(6)
organizations.--
``(I) In general.--Any organization
that is described in section 501(c)(6)
of the Internal Revenue Code and that is
exempt from taxation under section
501(a) of such Code (excluding
professional sports leagues and
organizations with the purpose of
promoting or participating in a
political campaign or other activity)
shall be eligible to receive a covered
loan if--
``(aa) the organization does
not receive more than 15 percent
of its receipts from lobbying
activities;
``(bb) the lobbying
activities of the organization
do not comprise more than 15
percent of the total activities
of the organization;
``(cc) the cost of the
lobbying activities of the
organization did not exceed
$1,000,000 during the most
recent tax year of the
organization that ended prior to
February 15, 2020; and
``(dd) the organization
employs not more than 300
employees.
``(II) Destination marketing
organizations.--Any destination
marketing organization shall be eligible
to receive a covered loan if--
``(aa) the destination
marketing organization does not
receive more than 15 percent of
its receipts from lobbying
activities;
``(bb) the lobbying
activities of the destination
marketing organization do not
comprise more than 15 percent of
the total activities of the
organization;
``(cc) the cost of the
lobbying activities of the
destination marketing
organization did not exceed
$1,000,000 during the most
recent tax year of the
destination marketing
organization that ended prior to
February 15, 2020; and
[[Page 134 STAT. 2015]]
``(dd) the destination
marketing organization employs
not more than 300 employees; and
``(ee) the destination
marketing organization--
``(AA) is described in
section 501(c) of the
Internal Revenue Code and is
exempt from taxation under
section 501(a) of such Code;
or
``(BB) is a quasi-
governmental entity or is a
political subdivision of a
State or local government,
including any
instrumentality of those
entities.''.
SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR LOBBYING
ACTIVITIES.
Section 7(a)(36)(F) of the Small Business Act (15 U.S.C.
636(a)(36)(F)) is amended by adding at the end the following:
``(vi) Prohibition.--None of the proceeds of a
covered loan may be used for--
``(I) lobbying activities, as
defined in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602);
``(II) lobbying expenditures related
to a State or local election; or
``(III) expenditures designed to
influence the enactment of legislation,
appropriations, regulation,
administrative action, or Executive
order proposed or pending before
Congress or any State government, State
legislature, or local legislature or
legislative body.''.
SEC. 320. BANKRUPTCY PROVISIONS.
(a) In General.--Section 364 of title 11, United States Code, is
amended by adding at the end the following:
``(g)(1) The court, after notice and a hearing, may authorize a
debtor in possession or a trustee that is authorized to operate the
business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of
this title to obtain a loan under paragraph (36) or (37) of section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), and such loan shall be
treated as a debt to the extent the loan is not forgiven in accordance
with section 7A of the Small Business Act or subparagraph (J) of such
paragraph (37), as applicable, with priority equal to a claim of the
kind specified in subsection (c)(1) of this section.
``(2) The trustee may incur debt described in paragraph (1)
notwithstanding any provision in a contract, prior order authorizing the
trustee to incur debt under this section, prior order authorizing the
trustee to use cash collateral under section 363, or applicable law that
prohibits the debtor from incurring additional debt.
``(3) <<NOTE: Deadline.>> The court shall hold a hearing within 7
days after the filing and service of the motion to obtain a loan
described in paragraph (1). Notwithstanding the Federal Rules of
Bankruptcy Procedure, at such hearing, the court may grant relief on a
final basis.''.
(b) Allowance of Administrative Expenses.--Section 503(b) of title
11, United States Code, is amended--
(1) in paragraph (8)(B), by striking ``and'' at the end;
[[Page 134 STAT. 2016]]
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) any debt incurred under section 364(g)(1) of this
title.''.
(c) Confirmation of Plan for Reorganization.--Section 1191 of title
11, United States Code, is amended by adding at the end the following:
``(f) Special Provision Related to COVID-19 Pandemic.--
Notwithstanding section 1129(a)(9)(A) of this title and subsection (e)
of this section, a plan that provides for payment of a claim of a kind
specified in section 503(b)(10) of this title may be confirmed under
subsection (b) of this section if the plan proposes to make payments on
account of such claim when due under the terms of the loan giving rise
to such claim.''.
(d) Confirmation of Plan for Family Farmers and Fishermen.--Section
1225 of title 11, United States Code, is amended by adding at the end
the following:
``(d) Notwithstanding section 1222(a)(2) of this title and
subsection (b)(1) of this section, a plan that provides for payment of a
claim of a kind specified in section 503(b)(10) of this title may be
confirmed if the plan proposes to make payments on account of such claim
when due under the terms of the loan giving rise to such claim.''.
(e) Confirmation of Plan for Individuals.--Section 1325 of title 11,
United States Code, is amended by adding at the end the following:
``(d) Notwithstanding section 1322(a)(2) of this title and
subsection (b)(1) of this section, a plan that provides for payment of a
claim of a kind specified in section 503(b)(10) of this title may be
confirmed if the plan proposes to make payments on account of such claim
when due under the terms of the loan giving rise to such claim.''.
(f) <<NOTE: 11 USC 364 note.>> Effective Date; Sunset.--
(1) Effective date.--The amendments made by subsections (a)
through (e) shall--
(A) <<NOTE: Determination.>> take effect on the
date on which the Administrator submits to the Director
of the Executive Office for United States Trustees a
written determination that, subject to satisfying any
other eligibility requirements, any debtor in possession
or trustee that is authorized to operate the business of
the debtor under section 1183, 1184, 1203, 1204, or 1304
of title 11, United States Code, would be eligible for a
loan under paragraphs (36) and (37) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)); and
(B) <<NOTE: Applicability.>> apply to any case
pending on or commenced on or after the date described
in subparagraph (A).
(2) Sunset.--
(A) In general.--If the amendments made by
subsections (a) through (e) take effect under paragraph
(1), effective on the date that is 2 years after the
date of enactment of this Act--
(i) section 364 of title 11, United States
Code, is amended by striking subsection (g);
(ii) section 503(b) of title 11, United States
Code, is amended--
[[Page 134 STAT. 2017]]
(I) in paragraph (8)(B), by adding
``and'' at the end;
(II) in paragraph (9), by striking
``; and'' at the end and inserting a
period; and
(III) by striking paragraph (10);
(iii) section 1191 of title 11, United States
Code, is amended by striking subsection (f);
(iv) section 1225 of title 11, United States
Code, is amended by striking subsection (d); and
(v) section 1325 of title 11, United States
Code, is amended by striking subsection (d).
(B) Applicability.--Notwithstanding the amendments
made by subparagraph (A) of this paragraph, if the
amendments made by subsections (a) through (e) take
effect under paragraph (1) of this subsection, such
amendments shall apply to any case under title 11,
United States Code, commenced before the date that is 2
years after the date of enactment of this Act.
SEC. 321. <<NOTE: Deadlines. 15 USC 639b.>> OVERSIGHT.
(a) Compliance With Oversight Requirements.--
(1) In general.--Except as provided in paragraph (2), on and
after the date of enactment of this Act, the Administrator shall
comply with any data or information requests or inquiries made
by the Comptroller General of the United States not later than
15 days (or such later date as the Comptroller General may
specify) after receiving the request or inquiry.
(2) <<NOTE: Notification.>> Exception.--If the
Administrator is unable to comply with a request or inquiry
described in paragraph (1) before the applicable date described
in that paragraph, the Administrator shall, before such
applicable date, submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a notification that
includes a detailed justification for the inability of the
Administrator to comply with the request or inquiry.
(b) <<NOTE: Termination date.>> Testimony.--Not later than the date
that is 120 days after the date of enactment of this Act, and not less
than twice each year thereafter until the date that is 2 years after the
date of enactment of this Act, the Administrator and the Secretary of
the Treasury shall testify before the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives regarding implementation of this Act and
the amendments made by this Act.
SEC. 322. <<NOTE: 15 USC 636 note.>> CONFLICTS OF INTEREST.
(a) Definitions.--In this section:
(1) Controlling interest.--The term ``controlling interest''
means owning, controlling, or holding not less than 20 percent,
by vote or value, of the outstanding amount of any class of
equity interest in an entity.
(2) Covered entity.--
(A) Definition.--The term ``covered entity'' means
an entity in which a covered individual directly or
indirectly holds a controlling interest.
(B) Treatment of securities.--For the purpose of
determining whether an entity is a covered entity, the
[[Page 134 STAT. 2018]]
securities owned, controlled, or held by 2 or more
individuals who are related as described in paragraph
(3)(B) shall be aggregated.
(3) Covered individual.--The term ``covered individual''
means--
(A) the President, the Vice President, the head of
an Executive department, or a Member of Congress; and
(B) the spouse, as determined under applicable
common law, of an individual described in subparagraph
(A).
(4) Executive department.--The term ``Executive department''
has the meaning given the term in section 101 of title 5, United
States Code.
(5) Member of congress.--The term ``Member of Congress''
means a Member of the Senate or House of Representatives, a
Delegate to the House of Representatives, and the Resident
Commissioner from Puerto Rico.
(6) Equity interest.--The term ``equity interest'' means--
(A) a share in an entity, without regard to whether
the share is--
(i) transferable; or
(ii) classified as stock or anything similar;
(B) a capital or profit interest in a limited
liability company or partnership; or
(C) a warrant or right, other than a right to
convert, to purchase, sell, or subscribe to a share or
interest described in subparagraph (A) or (B),
respectively.
(b) <<NOTE: Deadlines.>> Requirement for Disclosure Regarding
Existing Loans.--For any loan under paragraph (36) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) made to a covered entity
before the date of enactment of this Act--
(1) if, before the date of enactment of this Act, the
covered entity submitted an application for forgiveness under
section 1106 of the CARES Act (15 U.S.C. 9005) (as such section
was in effect on the day before the date of enactment of this
Act) with respect to such loan, not later than 30 days after the
date of enactment of this Act, the principal executive officer,
or individual performing a similar function, of the covered
entity shall disclose to the Administrator that the entity is a
covered entity; and
(2) if, on or after the date of enactment of this Act, the
covered entity submits an application for forgiveness under
section 7A of the Small Business Act, as redesignated and
transferred by section 304 of this Act, with respect to such
loan, not later than 30 days after submitting the application,
the principal executive officer, or individual performing a
similar function, of the covered entity shall disclose to the
Administrator that the entity is a covered entity.
(c) Ban on New Loans.--On and after the date of enactment of this
Act, a loan under paragraph (36) or (37) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as added and amended by this Act, may
not be made to a covered entity.
SEC. 323. COMMITMENT AUTHORITY AND APPROPRIATIONS.
(a) Commitment Authority.--Section 1102(b) of the CARES Act (Public
Law 116-136) <<NOTE: Ante, p. 660.>> is amended--
(1) in paragraph (1)--
[[Page 134 STAT. 2019]]
(A) in the paragraph heading, by inserting ``and
second draw'' after ``PPP'';
(B) by striking ``August 8, 2020'' and inserting
``March 31, 2021'';
(C) by striking ``paragraph (36)'' and inserting
``paragraphs (36) and (37)''; and
(D) by striking `` $659,000,000,000'' and inserting
`` $806,450,000,000''; and
(2) by adding at the end the following:
``(3) <<NOTE: Time period.>> 2021 7(a) loan program level
and funding.--Notwithstanding the amount authorized under the
heading `Small Business Administration--Business Loans Program
Account'under the Financial Services and General Government
Appropriations Act, 2021 for commitments for general business
loans authorized under paragraphs (1) through (35) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), commitments
for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)) shall not exceed $75,000,000,000 for a
combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans during the period
beginning on the date of enactment of this Act and ending on
September 30, 2021.''.
(b) Clarification of Secondary Market Cap.--Section 1107(b) of the
CARES Act (15 U.S.C. 9006(b)) <<NOTE: Ante, p. 302.>> is amended by
inserting ``with respect to loans under any paragraph of section 7(a) of
the Small Business Act (15 U.S.C. 636(a))'' before ``shall not exceed''.
(c) Rescission.--With respect to unobligated balances under the
heading ``Small Business Administration--Business Loans Program Account,
CARES Act'' as of the day before the date of enactment of this Act,
$146,500,000,000 shall be rescinded and deposited into the general fund
of the Treasury.
(d) Direct Appropriations.--
(1) New direct appropriations for ppp loans, second draw
loans, and the mbda.--There is appropriated, out of amounts in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2021, to remain available until expended,
for additional amounts--
(A) $284,450,000,000 under the heading ``Small
Business Administration--Business Loans Program Account,
CARES Act'', for the cost of guaranteed loans as
authorized under paragraph (36) or (37) of section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), as amended
and added by this Act, including the cost of any
modifications to any loans guaranteed under such
paragraph (36) that were approved on or before August 8,
2020, of which--
(i) not less than $15,000,000,000 shall be for
guaranteeing loans under such paragraph (36) or
(37) made by community financial institutions, as
defined in section 7(a)(36)(A) of the Small
Business Act (15 U.S.C. 636(a)(36)(A));
(ii) not less than $15,000,000,000 shall be
for guaranteeing loans under such paragraph (36)
or (37) made by--
(I) insured depository institutions
(as defined in section 3 of the Federal
Deposit Insurance Act
[[Page 134 STAT. 2020]]
(12 U.S.C. 1813)) with consolidated
assets of less than $10,000,000,000;
(II) credit unions (as defined in
section 7(a)(36)(A) of the Small
Business Act (15 U.S.C. 636(a)(36)(A)))
with consolidated assets of less than
$10,000,000,000; or
(III) institutions of the Farm
Credit System chartered under the Farm
Credit Act of 1971 (12 U.S.C. 2001 et
seq.) with consolidated assets of less
than $10,000,000,000 (not including the
Federal Agricultural Mortgage
Corporation);
(iii) not less than $15,000,000,000 shall be
for guaranteeing loans under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as amended by this Act, that are--
(I) made to eligible recipients with
not more than 10 employees; or
(II) in an amount that is not more
than $250,000 and made to an eligible
recipient that is located in a
neighborhood that is a low-income
neighborhood or a moderate-income
neighborhood, for the purposes of the
Community Reinvestment Act of 1977 (12
U.S.C. 2901 et seq.);
(iv) not less than $35,000,000,000 shall be
for guaranteeing loans under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as amended by this Act, to eligible
recipients that have not previously received a
loan under such paragraph (36); and
(v) not less than $25,000,000,000 shall be for
guaranteeing loans under paragraph (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)),
as added by this Act, that are--
(I) made to eligible entities with
not more than 10 employees; or
(II) in an amount that is not more
than $250,000 and made to an eligible
entity that is located in a neighborhood
that is a low-income neighborhood or a
moderate-income neighborhood, for the
purposes of the Community Reinvestment
Act of 1977 (12 U.S.C. 2901 et seq.);
(B) $25,000,000 under the heading ``Department of
Commerce--Minority Business Development Agency'' for the
Minority Business Development Centers Program, including
Specialty Centers, for necessary expenses, including any
cost sharing requirements that may exist, for assisting
minority business enterprises to prevent, prepare for,
and respond to coronavirus, including identifying and
accessing local, State, and Federal government
assistance related to such virus;
(C) $50,000,000 under the heading ``Small Business
Administration--Salaries and Expenses'' for the cost of
carrying out reviews and audits of loans under
subsection (l) of section 7A of the Small Business Act,
as redesignated, transferred, and amended by this Act;
[[Page 134 STAT. 2021]]
(D) $20,000,000,000 under the heading ``Small
Business Administration--Targeted EIDL Advance'' to
carry out section 331 of this Act, of which $20,000,000
shall be made available to the Inspector General of the
Small Business Administration to prevent waste, fraud,
and abuse with respect to funding made available under
that section;
(E) $57,000,000 for the program established under
section 7(m) of the Small Business Act (15 U.S.C.
636(m)) of which--
(i) $50,000,000 shall be to provide technical
assistance grants under such section 7(m) under
the heading ``Small Business Administration--
Entrepreneurial Development Programs''; and
(ii) $7,000,000 shall be to provide direct
loans under such section 7(m) under the heading
``Small Business Administration--Business Loans
Program Account'';
(F) $1,918,000,000 under the heading ``Small
Business Administration--Business Loans Program
Account'' for the cost of guaranteed loans as authorized
by paragraphs (1) through (35) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)), including the
cost of carrying out sections 326, 327, and 328 of this
Act;
(G) $3,500,000,000 under the heading ``Small
Business Administration--Business Loans Program Account,
CARES Act'' for carrying out section 325 of this Act;
and
(H) $15,000,000,000 under the heading ``Small
Business Administration--Shuttered Venue Operators'' to
carry out section 324 of this Act.
(2) Modification of set-asides.--
(A) In general.--Notwithstanding paragraph (1)(A),
if the Administrator makes the determination described
in subparagraph (B) of this paragraph, the Administrator
may reduce the amount of any allocation under paragraph
(1)(A) to be such amount as the Administrator may
determine necessary.
(B) Requirements for determination.--The
determination described in this subparagraph is a
determination by the Administrator that--
(i) <<NOTE: Time period.>> is not made
earlier than 25 days after the date of enactment
of this Act;
(ii) it is not reasonably expected that a type
of entity described in paragraph (1)(A) will make,
or receive, as applicable, the minimum amount of
loans necessary to meet the applicable allocation
under paragraph(1)(A); and
(iii) <<NOTE: Deadline.>> it is reasonably
expected that the total amount of loans guaranteed
under paragraph (36) or (37) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)), as
amended and added by this Act, will equal
substantially all of the amount permitted by
available funds by March 31, 2021.
(3) Appropriations for the office of inspector general.--
(A) <<NOTE: Effective date. Rescission.>> In
general.--Effective on the date of enactment of this
Act, the remaining unobligated balances of funds
[[Page 134 STAT. 2022]]
from amounts made available for ``Small Business
Administration--Office of Inspector General'' under
section 1107(a)(3) of the CARES Act (15 U.S.C.
9006(a)(3)), are hereby rescinded.
(B) Funding.--
(i) In general.--There is appropriated, for an
additional amount, for the fiscal year ending
September 30, 2021, out of amounts in the Treasury
not otherwise appropriated, an amount equal to the
amount rescinded under subparagraph (A), to remain
available until expended, under the heading
``Small Business Administration--Office of
Inspector General''.
(ii) Use of funds.--The amounts made available
under clause (i) shall be available for the same
purposes, in addition to other funds as may be
available for such purposes, and under the same
authorities as the amounts made available under
section 1107(a)(3) of the CARES Act (15 U.S.C.
9006(a)(3)).
SEC. 324. <<NOTE: 15 USC 9009a.>> GRANTS FOR SHUTTERED VENUE
OPERATORS.
(a) Definitions.--In this section:
(1) Eligible person or entity.--
(A) In general.--The term ``eligible person or
entity'' means a live venue operator or promoter,
theatrical producer, or live performing arts
organization operator, a relevant museum operator, a
motion picture theatre operator, or a talent
representative that meets the following requirements:
(i) The live venue operator or promoter,
theatrical producer, or live performing arts
organization operator, the relevant museum
operator, the motion picture theatre operator, or
the talent representative--
(I) was fully operational as a live
venue operator or promoter, theatrical
producer, or live performing arts
organization operator, a relevant museum
operator, a motion picture theatre
operator, or a talent representative on
February 29, 2020; and
(II) <<NOTE: Time period.>> has
gross earned revenue during the first,
second, third, or, only with respect to
an application submitted on or after
January 1, 2021, fourth quarter in 2020
that demonstrates not less than a 25
percent reduction from the gross earned
revenue of the live venue operator or
promoter, theatrical producer, or live
performing arts organization operator,
the relevant museum operator, the motion
picture theatre operator, or the talent
representative during the same quarter
in 2019.
(ii) As of the date of the grant under this
section--
(I) the live venue operator or
promoter, theatrical producer, or live
performing arts organization operator is
or intends to resume organizing,
promoting, producing, managing, or
hosting future live events described in
paragraph (3)(A)(i);
(II) the motion picture theatre
operator is open or intends to reopen
for the primary purpose of public
exhibition of motion pictures;
[[Page 134 STAT. 2023]]
(III) the relevant museum operator
is open or intends to reopen; or
(IV) the talent representative is
representing or managing artists and
entertainers.
(iii) The venues at which the live venue
operator or promoter, theatrical producer, or live
performing arts organization operator promotes,
produces, manages, or hosts events described in
paragraph (3)(A)(i) or the artists and
entertainers represented or managed by the talent
representative perform have the following
characteristics:
(I) A defined performance and
audience space.
(II) Mixing equipment, a public
address system, and a lighting rig.
(III) Engages 1 or more individuals
to carry out not less than 2 of the
following roles:
(aa) A sound engineer.
(bb) A booker.
(cc) A promoter.
(dd) A stage manager.
(ee) Security personnel.
(ff) A box office manager.
(IV) There is a paid ticket or cover
charge to attend most performances and
artists are paid fairly and do not play
for free or solely for tips, except for
fundraisers or similar charitable
events.
(V) For a venue owned or operated by
a nonprofit entity that produces free
events, the events are produced and
managed primarily by paid employees, not
by volunteers.
(VI) Performances are marketed
through listings in printed or
electronic publications, on websites, by
mass email, or on social media.
(iv) A motion picture theatre or motion
picture theatres operated by the motion picture
theatre operator have the following
characteristics:
(I) At least 1 auditorium that
includes a motion picture screen and
fixed audience seating.
(II) A projection booth or space
containing not less than 1 motion
picture projector.
(III) A paid ticket charge to attend
exhibition of motion pictures.
(IV) Motion picture exhibitions are
marketed through showtime listings in
printed or electronic publications, on
websites, by mass mail, or on social
media.
(v) The relevant museum or relevant museums
for which the relevant museum operator is seeking
a grant under this section have the following
characteristics:
(I) Serving as a relevant museum as
its principal business activity.
(II) Indoor exhibition spaces that
are a component of the principal
business activity and which have been
subjected to pandemic-related occupancy
restrictions.
[[Page 134 STAT. 2024]]
(III) At least 1 auditorium,
theater, or performance or lecture hall
with fixed audience seating and regular
programming.
(vi)(I) The live venue operator or promoter,
theatrical producer, or live performing arts
organization operator, the relevant museum
operator, the motion picture theatre operator, or
the talent representative does not have, or is not
majority owned or controlled by an entity with,
any of the following characteristics:
(aa) Being an issuer, the securities
of which are listed on a national
securities exchange.
(bb) Receiving more than 10 percent
of gross revenue from Federal funding
during 2019, excluding amounts received
by the live venue operator or promoter,
theatrical producer, or live performing
arts organization operator, the relevant
museum operator, the motion picture
theatre operator, or the talent
representative under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(II) The live venue operator or promoter,
theatrical producer, or live performing arts
organization operator, the relevant museum
operator, the motion picture theatre operator, or
the talent representative does not have, or is not
majority owned or controlled by an entity with,
more than 2 of the following characteristics:
(aa) Owning or operating venues,
relevant museums, motion picture
theatres, or talent agencies or talent
management companies in more than 1
country.
(bb) Owning or operating venues,
relevant museums, motion picture
theatres, or talent agencies or talent
management companies in more than 10
States.
(cc) Employing more than 500
employees as of February 29, 2020,
determined on a full-time equivalent
basis in accordance with subparagraph
(C).
(III) The live venue operator or promoter,
theatrical producer, or live performing arts
organization operator, the relevant museum
operator, the motion picture theatre operator, or
the talent representative has not received, on or
after the date of enactment of this Act, a loan
guaranteed under paragraph (36) or (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)),
as amended and added by this division.
(IV) <<NOTE: Applicability.>> For purposes of
applying the characteristics described in
subclauses (I), (II), and (III) to an entity owned
by a State or a political subdivision of a State,
the relevant entity--
(aa) shall be the live venue
operator or promoter, theatrical
producer, or live performing arts
organization operator, the relevant
museum operator, the motion picture
theatre operator, or the talent
representative; and
[[Page 134 STAT. 2025]]
(bb) shall not include entities of
the State or political subdivision other
than the live venue operator or
promoter, theatrical producer, or live
performing arts organization operator,
the relevant museum operator, the motion
picture theatre operator, or the talent
representative.
(B) Exclusion.--The term ``eligible person or
entity'' shall not include a live venue operator or
promoter, theatrical producer, or live performing arts
organization operator, a relevant museum operator, a
motion picture theatre operator, or a talent
representative that--
(i) presents live performances of a prurient
sexual nature; or
(ii) derives, directly or indirectly, more
than de minimis gross revenue through the sale of
products or services, or the presentation of any
depictions or displays, of a prurient sexual
nature.
(C) <<NOTE: Determination.>> Calculation of full-
time employees.--For purposes of determining the number
of full-time equivalent employees under subparagraph
(A)(vi)(II)(cc) of this paragraph and under paragraph
(2)(E)--
(i) any employee working not fewer than 30
hours per week shall be considered a full-time
employee; and
(ii) any employee working not fewer than 10
hours and fewer than 30 hours per week shall be
counted as one-half of a full-time employee.
(D) Multiple business entities.--Each business
entity of an eligible person or entity that also meets
the requirements under subparagraph (A) and that is not
described in subparagraph (B) shall be treated by the
Administrator as an independent, non-affiliated entity
for the purposes of this section.
(2) Exchange; issuer; security.--The terms ``exchange'',
``issuer'', and ``security'' have the meanings given those terms
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(3) Live venue operator or promoter, theatrical producer, or
live performing arts organization operator.--The term ``live
venue operator or promoter, theatrical producer, or live
performing arts organization operator''--
(A) means--
(i) an individual or entity--
(I) that, as a principal business
activity, organizes, promotes, produces,
manages, or hosts live concerts, comedy
shows, theatrical productions, or other
events by performing artists for which--
(aa) a cover charge through
ticketing or front door entrance
fee is applied; and
(bb) performers are paid in
an amount that is based on a
percentage of sales, a guarantee
(in writing or standard
contract), or another mutually
beneficial formal agreement; and
[[Page 134 STAT. 2026]]
(II) for which not less than 70
percent of the earned revenue of the
individual or entity is generated
through, to the extent related to a live
event described in subclause (I), cover
charges or ticket sales, production fees
or production reimbursements, nonprofit
educational initiatives, or the sale of
event beverages, food, or merchandise;
or
(ii) an individual or entity that, as a
principal business activity, makes available for
purchase by the public an average of not less than
60 days before the date of the event tickets to
events--
(I) described in clause (i)(I); and
(II) for which performers are paid
in an amount that is based on a
percentage of sales, a guarantee (in
writing or standard contract), or
another mutually beneficial formal
agreement; and
(B) includes an individual or entity described in
subparagraph (A) that--
(i) operates for profit;
(ii) is a nonprofit organization;
(iii) is government-owned; or
(iv) is a corporation, limited liability
company, or partnership or operated as a sole
proprietorship.
(4) Motion picture theatre operator.--The term ``motion
picture theatre operator'' means an individual or entity that--
(A) as the principal business activity of the
individual or entity, owns or operates at least 1 place
of public accommodation for the purpose of motion
picture exhibition for a fee; and
(B) includes an individual or entity described in
subparagraph (A) that--
(i) operates for profit;
(ii) is a nonprofit organization;
(iii) is government-owned; or
(iv) is a corporation, limited liability
company, or partnership or operated as a sole
proprietorship.
(5) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a national
securities exchange under section 6 of the Securities Exchange
Act of 1934 (15 U.S.C. 78f).
(6) Nonprofit.--The term ``nonprofit'', with respect to an
organization, means that the organization is exempt from
taxation under section 501(a) of the Internal Revenue Code of
1986.
(7) Relevant museum.--The term ``relevant museum''--
(A) has the meaning given the term ``museum'' in
section 273 of the Museum and Library Services Act (20
U.S.C. 9172); and
(B) shall not include any entity that is organized
as a for-profit entity.
(8) Seasonal employer.--The term ``seasonal employer'' has
the meaning given that term in subparagraph (A) of section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)), as
amended by this Act.
(9) State.--The term ``State'' means--
[[Page 134 STAT. 2027]]
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(10) Talent representative.--The term ``talent
representative''--
(A) means an agent or manager that--
(i) as not less than 70 percent of the
operations of the agent or manager, is engaged in
representing or managing artists and entertainers;
(ii) books or represents musicians, comedians,
actors, or similar performing artists primarily at
live events in venues or at festivals; and
(iii) represents performers described in
clause (ii) that are paid in an amount that is
based on the number of tickets sold, or a similar
basis; and
(B) includes an agent or manager described in
subparagraph (A) that--
(i) operates for profit;
(ii) is a nonprofit organization;
(iii) is government-owned; or
(iv) is a corporation, limited liability
company, or partnership or operated as a sole
proprietorship.
(b) Authority.--
(1) In general.--
(A) <<NOTE: Coordination.>> Administration.--The
Associate Administrator for the Office of Disaster
Assistance of the Administration shall coordinate and
formulate policies relating to the administration of
grants made under this section.
(B) Certification of need.--An eligible person or
entity applying for a grant under this section shall
submit a good faith certification that the uncertainty
of current economic conditions makes necessary the grant
to support the ongoing operations of the eligible person
or entity.
(2) Initial grants.--
(A) In general.--The Administrator may make initial
grants to eligible persons or entities in accordance
with this section.
(B) <<NOTE: Time periods.>> Initial priorities for
awarding grants.--
(i) First priority in awarding grants.--During
the initial 14-day period during which the
Administrator awards grants under this paragraph,
the Administrator shall only award grants to an
eligible person or entity with revenue, during the
period beginning on April 1, 2020 and ending on
December 31, 2020, that is not more than 10
percent of the revenue of the eligible person or
entity during the period beginning on April 1,
2019 and ending on December 31, 2019, due to the
COVID-19 pandemic.
(ii) Second priority in awarding grants.--
During the 14-day period immediately following the
14-day period described in clause (i), the
Administrator shall only award grants to an
eligible person or entity with revenue, during the
period beginning on April 1, 2020 and ending on
December 31, 2020, that is not more than 30
percent of the revenue of the eligible
[[Page 134 STAT. 2028]]
person or entity during the period beginning on
April 1, 2019 and ending on December 31, 2019, due
to the COVID-19 pandemic.
(iii) Determination of revenue.--For purposes
of clauses (i) and (ii)--
(I) any amounts received by an
eligible person or entity under the
CARES Act (Public Law 116-136; 134 Stat.
281) or an amendment made by the CARES
Act shall not be counted as revenue of
an eligible person or entity;
(II) the Administrator shall use an
accrual method of accounting for
determining revenue; and
(III) the Administrator may use
alternative methods to establish revenue
losses for an eligible person or entity
that is a seasonal employer and that
would be adversely impacted if January,
February, and March are excluded from
the calculation of year-over-year
revenues.
(iv) <<NOTE: Time period.>> Limit on use of
amounts for priority applicants.--The
Administrator may use not more than 80 percent of
the amounts appropriated under section
323(d)(1)(H) of this Act to carry out this section
to make initial grants under this paragraph to
eligible persons or entities described in clause
(i) or (ii) of this subparagraph that apply for a
grant under this paragraph during the initial 28-
day period during which the Administrator awards
grants under this paragraph.
(C) Grants after priority periods.--After the end of
the initial 28-day period during which the Administrator
awards grants under this paragraph, the Administrator
may award an initial grant to any eligible person or
entity.
(D) Limits on number of initial grants to
affiliates.--Not more than 5 business entities of an
eligible person or entity that would be considered
affiliates under the affiliation rules of the
Administration may receive a grant under this paragraph.
(E) Set-aside for small employers.--
(i) In general.--Subject to clause (ii), not
less than $2,000,000,000 of the total amount of
grants made available under this paragraph shall
be awarded to eligible persons or entities which
employ not more than 50 full-time employees,
determined in accordance with subsection
(a)(1)(C).
(ii) Time limit.--Clause (i) shall not apply
on and after the date that is 60 days after the
Administrator begins awarding grants under this
section and, on and after such date, amounts
available for grants under this section may be
used for grants under this section to any eligible
person or entity.
(3) Supplemental grants.--
(A) <<NOTE: Deadline.>> In general.--Subject to
subparagraph (B), the Administrator may make a
supplemental grant in accordance with this section to an
eligible person or entity that receives a grant under
paragraph (2) if, as of April 1, 2021, the revenues of
the eligible person or entity for the most recent
calendar quarter are not more than 30
[[Page 134 STAT. 2029]]
percent of the revenues of the eligible person or entity
for the corresponding calendar quarter during 2019 due
to the COVID-19 pandemic.
(B) <<NOTE: Determination.>> Processing timely
initial grant applications first.--The Administrator may
not award a supplemental grant under subparagraph (A)
until the Administrator has completed processing
(including determining whether to award a grant) each
application for an initial grant under paragraph (2)
that is submitted by an eligible person or entity on or
before the date that is 60 days after the date on which
the Administrator begins accepting such applications.
(4) Certification.--An eligible person or entity applying
for a grant under this section that is an eligible business
described in the matter preceding subclause (I) of section
4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)),
shall make a good-faith certification described in subclauses
(IX) and (X) of such section.
(c) Amount.--
(1) Initial grants.--
(A) In general.--A grant under subsection (b)(2)
shall be in the amount equal to the lesser of--
(i)(I) for an eligible person or entity that
was in operation on January 1, 2019, the amount
equal to 45 percent of the gross earned revenue of
the eligible person or entity during 2019; or
(II) for an eligible person or entity that
began operations after January 1, 2019, the amount
equal to the product obtained by multiplying--
(aa) the average monthly gross
earned revenue for each full month
during which the eligible person or
entity was in operation during 2019; by
(bb) 6; or
(ii) $10,000,000.
(B) Application to relevant museum operators.--A
relevant museum operator may not receive grants under
subsection (b)(2) in a total amount that is more than
$10,000,000 with respect to all relevant museums
operated by the relevant museum operator.
(2) Supplemental grants.--A grant under subsection (b)(3)
shall be in the amount equal to 50 percent of the grant received
by the eligible person or entity under subsection (b)(2).
(3) Overall maximums.--The total amount of grants received
under paragraphs (2) and (3) of subsection (b) by an eligible
person or entity shall be not more than $10,000,000.
(d) Use of Funds.--
(1) Timing.--
(A) Expenses incurred.--
(i) In general.--Except as provided in clause
(ii), amounts received under a grant under this
section may be used for costs incurred during the
period beginning on March 1, 2020, and ending on
December 31, 2021.
(ii) Extension for supplemental grants.--If an
eligible person or entity receives a grant under
subsection (b)(3), amounts received under either
grant under this section may be used for costs
incurred
[[Page 134 STAT. 2030]]
during the period beginning on March 1, 2020, and
ending on June 30, 2022.
(B) <<NOTE: Deadlines.>> Expenditure.--
(i) In general.--Except as provided in clause
(ii), an eligible person or entity shall return to
the Administrator any amounts received under a
grant under this section that are not expended on
or before the date that is 1 year after the date
of disbursement of the grant.
(ii) Extension for supplemental grants.--If an
eligible person or entity receives a grant under
subsection (b)(3), the eligible person or entity
shall return to the Administrator any amounts
received under either grant under this section
that are not expended on or before the date that
is 18 months after the date of disbursement to the
eligible person or entity of the grant under
subsection (b)(2).
(2) Allowable expenses.--
(A) Definitions.--In this paragraph--
(i) the terms ``covered mortgage obligation'',
``covered rent obligation'', ``covered utility
payment'', and ``covered worker protection
expenditure'' have the meanings given those terms
in section 7A(a) of the Small Business Act, as
redesignated, transferred, and amended by this
Act; and
(ii) the term ``payroll costs'' has the
meaning given that term in section 7(a)(36)(A) of
the Small Business Act (15 U.S.C. 636(a)(36)(A).
(B) Expenses.--An eligible person or entity may use
amounts received under a grant under this section for--
(i) payroll costs;
(ii) payments on any covered rent obligation;
(iii) any covered utility payment;
(iv) scheduled payments of interest or
principal on any covered mortgage obligation
(which shall not include any prepayment of
principal on a covered mortgage obligation);
(v) scheduled payments of interest or
principal on any indebtedness or debt instrument
(which shall not include any prepayment of
principal) incurred in the ordinary course of
business that is a liability of the eligible
person or entity and was incurred prior to
February 15, 2020;
(vi) covered worker protection expenditures;
(vii) payments made to independent
contractors, as reported on Form-1099 MISC, not to
exceed a total of $100,000 in annual compensation
for any individual employee of an independent
contractor; and
(viii) other ordinary and necessary business
expenses, including--
(I) maintenance expenses;
(II) administrative costs, including
fees and licensing costs;
(III) State and local taxes and
fees;
(IV) operating leases in effect as
of February 15, 2020;
[[Page 134 STAT. 2031]]
(V) payments required for insurance
on any insurance policy; and
(VI) advertising, production
transportation, and capital expenditures
related to producing a theatrical or
live performing arts production,
concert, exhibition, or comedy show,
except that a grant under this section
may not be used primarily for such
expenditures.
(3) Prohibited expenses.--An eligible person or entity may
not use amounts received under a grant under this section--
(A) to purchase real estate;
(B) for payments of interest or principal on loans
originated after February 15, 2020;
(C) to invest or re-lend funds;
(D) for contributions or expenditures to, or on
behalf of, any political party, party committee, or
candidate for elective office; or
(E) for any other use as may be prohibited by the
Administrator.
(e) Increased Oversight of Shuttered Venue Operator Grants.--The
Administrator shall increase oversight of eligible persons and entities
receiving grants under this section, which may include the following:
(1) <<NOTE: Records. Time periods.>> Documentation.--
Additional documentation requirements that are consistent with
the eligibility and other requirements under this section,
including requiring an eligible person or entity that receives a
grant under this section to retain records that document
compliance with the requirements for grants under this section--
(A) with respect to employment records, for the 4-
year period following receipt of the grant; and
(B) with respect to other records, for the 3-year
period following receipt of the grant.
(2) Reviews of use.--Reviews of the use of the grant
proceeds by an eligible person or entity to ensure compliance
with requirements established under this section and by the
Administrator, including that the Administrator may--
(A) <<NOTE: Audit.>> review and audit grants under
this section; and
(B) in the case of fraud or other material
noncompliance with respect to a grant under this
section--
(i) require repayment of misspent funds; or
(ii) pursue legal action to collect funds.
(f) Shuttered Venue Oversight and Audit Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 45 days
after the date of enactment of this Act, the Administrator shall
submit to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives an audit plan that details--
(A) <<NOTE: Procedures.>> the policies and
procedures of the Administrator for conducting oversight
and audits of grants under this section; and
(B) <<NOTE: Determination.>> the metrics that the
Administrator shall use to determine which grants under
this section will be audited pursuant to subsection (e).
(2) <<NOTE: Termination date. Audit.>> Reports.--Not later
than 60 days after the date of enactment of this Act, and each
month thereafter until the
[[Page 134 STAT. 2032]]
date that is 1 year after the date on which all amounts made
available under section 323(d)(1)(H) of this Act have been
expended, the Administrator shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report on the oversight and audit activities of the
Administrator under this subsection, which shall include--
(A) the total number of initial grants approved and
disbursed;
(B) the total amount of grants received by each
eligible person or entity, including any supplemental
grants;
(C) the number of active investigations and audits
of grants under this section;
(D) the number of completed reviews and audits of
grants under this section, including a description of
any findings of fraud or other material noncompliance.
(E) any substantial changes made to the oversight
and audit plan submitted under paragraph (1).
SEC. 325. EXTENSION OF THE DEBT RELIEF PROGRAM.
(a) <<NOTE: Ante, p. 1309.>> In General.--Section 1112 of the CARES
Act (15 U.S.C. 9011) is amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) <<NOTE: Payments. Time periods.>> In general.--
Subject to the other provisions of this section, the
Administrator shall pay the principal, interest, and any
associated fees that are owed on a covered loan in a regular
servicing status, without regard to the date on which the
covered loan is fully disbursed, and subject to availability of
funds, as follows:
``(A) With respect to a covered loan made before the
date of enactment of this Act and not on deferment, the
Administrator shall make those payments as follows:
``(i) The Administrator shall make those
payments for the 6-month period beginning with the
next payment due on the covered loan.
``(ii) In addition to the payments under
clause (i)--
``(I) with respect to a covered loan
other than a covered loan described in
paragraph (1)(A)(i) or (2) of subsection
(a), the Administrator shall make those
payments for--
``(aa) the 3-month period
beginning with the first payment
due on the covered loan on or
after February 1, 2021; and
``(bb) an additional 5-month
period immediately following the
end of the 3-month period
provided under item (aa) if the
covered loan is made to a
borrower that, according to
records of the Administration,
is assigned a North American
Industry Classification System
code beginning with 61, 71, 72,
213, 315, 448, 451, 481, 485,
487, 511, 512, 515, 532, or 812;
and
``(II) with respect to a covered
loan described in paragraph (1)(A)(i) or
(2) of subsection (a), the Administrator
shall make those payments for the
[[Page 134 STAT. 2033]]
8-month period beginning with the first
payment due on the covered loan on or
after February 1, 2021.
``(B) With respect to a covered loan made before the
date of enactment of this Act and on deferment, the
Administrator shall make those payments as follows:
``(i) The Administrator shall make those
payments for the 6-month period beginning with the
next payment due on the covered loan after the
deferment period.
``(ii) In addition to the payments under
clause (i)--
``(I) with respect to a covered loan
other than a covered loan described in
paragraph (1)(A)(i) or (2) of subsection
(a), the Administrator shall make those
payments for--
``(aa) the 3-month period
(beginning on or after February
1, 2021) beginning with the
later of--
``(AA) the next payment
due on the covered loan
after the deferment period;
or
``(BB) the first month
after the Administrator has
completed the payments under
clause (i); and
``(bb) an additional 5-month
period immediately following the
end of the 3-month period
provided under item (aa) if the
covered loan is made to a
borrower that, according to
records of the Administration,
is assigned a North American
Industry Classification System
code beginning with 61, 71, 72,
213, 315, 448, 451, 481, 485,
487, 511, 512, 515, 532, or 812;
and
``(II) <<NOTE: Effective date.>>
with respect to a loan described in
paragraph (1)(A)(i) or (2) of subsection
(a), the 8-month period (beginning on or
after February 1, 2021) beginning with
the later of--
``(aa) the next payment due
on the covered loan after the
deferment period; or
``(bb) the first month after
the payments under clause (i)
are complete.
``(C) With respect to a covered loan made during the
period beginning on the date of enactment of this Act
and ending on the date that is 6 months after such date
of enactment, for the 6-month period beginning with the
first payment due on the covered loan.
``(D) With respect to a covered loan approved during
the period beginning on February 1, 2021, and ending on
September 30, 2021, for the 6-month period beginning
with the first payment due on the covered loan.''; and
(B) by adding at the end the following:
``(4) Limitation.--
``(A) In general.--No single monthly payment of
principal, interest, and associated fees made by the
Administrator under subparagraph (A)(ii), (B)(ii), or
(D) of paragraph (1) with respect to a covered loan may
be in a total amount that is more than $9,000.
[[Page 134 STAT. 2034]]
``(B) Treatment of additional amounts owed.--If, for
a month, the total amount of principal, interest, and
associated fees that are owed on a covered loan for
which the Administration makes payments under paragraph
(1) is more than $9,000 the Administrator may require
the lender with respect to the covered loan to add the
amount by which those costs exceed $9,000 for that month
as interest to be paid by the borrower with respect to
the covered loan at the end of the loan period.
``(5) Additional provisions for new loans.--With respect to
a loan described in paragraph (1)(C)--
``(A) the Administrator may further extend the
period described in paragraph (1)(C) if there are
sufficient funds to continue those payments; and
``(B) during the underwriting process, a lender of
such a loan may consider the payments under this section
as part of a comprehensive review to determine the
ability to repay over the entire period of maturity of
the loan.
``(6) Eligibility.--Eligibility for a covered loan to
receive such payments of principal, interest, and any associated
fees under this subsection shall be based on the date on which
the covered loan is approved by the Administration.
``(7) Authority to revise extensions.--
``(A) In general.--The Administrator shall monitor
whether amounts made available to make payments under
this subsection are sufficient to make the payments for
the periods described in paragraph (1).
``(B) <<NOTE: Determination.>> Plan.--If the
Administrator determines under subparagraph (A) that the
amounts made available to make payments under this
subsection are insufficient, the Administrator shall--
``(i) develop a plan to proportionally reduce
the number of months provided for each period
described in paragraph (1), while ensuring all
amounts made available to make payments under this
subsection are fully expended; and
``(ii) before taking action under the plan
developed under clause (i), submit to Congress a
report regarding the plan, which shall include the
data that informs the plan.
``(8) Additional requirements.--With respect to the payments
made under this subsection--
``(A) no lender may charge a late fee to a borrower
with respect to a covered loan during any period in
which the Administrator makes payments with respect to
the covered loan under paragraph (1); and
``(B) <<NOTE: Deadline.>> the Administrator shall,
with respect to a covered loan, make all payments with
respect to the covered loan under paragraph (1) not
later than the 15th day of the applicable month.
``(9) Rule of construction.--Except as provided in paragraph
(4), nothing in this subsection may be construed to preclude a
borrower from receiving full payments of principal, interest,
and any associated fees authorized under this subsection with
respect to a covered loan.'';
(2) by redesignating subsection (f) as subsection (i); and
(3) by inserting after subsection (e) the following:
[[Page 134 STAT. 2035]]
``(f) Eligibility for New Loans.--For each individual lending
program under this section, the Administrator may establish a minimum
loan maturity period, taking into consideration the normal underwriting
requirements for each such program, with the goal of preventing abuse
under the program.
``(g) Limitation on Assistance.--A borrower may not receive
assistance under subsection (c) for more than 1 covered loan of the
borrower described in paragraph (1)(C) of that subsection.
``(h) <<NOTE: Deadlines.>> Reporting and Outreach.--
``(1) Updated information.--
``(A) <<NOTE: Public information.>> In general.--
Not later than 14 days after the date of enactment of
the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act, the Administrator shall make
publicly available information regarding the
modifications to the assistance provided under this
section under the amendments made by such Act.
``(B) Guidance.--Not later than 21 days after the
date of enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act the Administrator
shall issue guidance on implementing the modifications
to the assistance provided under this section under the
amendments made by such Act.
``(2) Publication of list.--Not later than March 1, 2021,
the Administrator shall transmit to each lender of a covered
loan a list of each borrower of a covered loan that includes the
North American Industry Classification System code assigned to
the borrower, based on the records of the Administration, to
assist the lenders in identifying which borrowers qualify for an
extension of payments under subsection (c).
``(3) Education and outreach.--The Administrator shall
provide education, outreach, and communication to lenders,
borrowers, district offices, and resource partners of the
Administration in order to ensure full and proper compliance
with this section, encourage broad participation with respect to
covered loans that have not yet been approved by the
Administrator, and help lenders transition borrowers from
subsidy payments under this section directly to a deferral when
suitable for the borrower.
``(4) Notification.--Not later than 30 days after the date
of enactment of the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act, the Administrator shall mail a
letter to each borrower of a covered loan that includes--
``(A) an overview of assistance provided under this
section;
``(B) the rights of the borrower to receive that
assistance;
``(C) how to seek recourse with the Administrator or
the lender of the covered loan if the borrower has not
received that assistance; and
``(D) the rights of the borrower to request a loan
deferral from a lender, and guidance on how to do
successfully transition directly to a loan deferral once
subsidy payments under this section are concluded.
``(5) Monthly reporting.--Not later than the 15th of each
month beginning after the date of enactment of the Economic Aid
to Hard-Hit Small Businesses, Nonprofits, and Venues
[[Page 134 STAT. 2036]]
Act, the Administrator shall submit to Congress a report on
assistance provided under this section, which shall include--
``(A) monthly and cumulative data on payments made
under this section as of the date of the report,
including a breakdown by--
``(i) the number of participating borrowers;
``(ii) the volume of payments made for each
type of covered loan; and
``(iii) the volume of payments made for
covered loans made before the date of enactment of
this Act and loans made after such date of
enactment;
``(B) the names of any lenders of covered loans that
have not submitted information on the covered loans to
the Administrator during the preceding month; and
``(C) an update on the education and outreach
activities of the Administration carried out under
paragraph (3).''.
(b) <<NOTE: 15 USC 9011 note.>> Effective Date; Applicability.--The
amendments made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281).
SEC. 326. MODIFICATIONS TO 7(a) LOAN PROGRAMS.
(a) 7(a) Loan Guarantees.--
(1) In general.--Section 7(a)(2)(A) of the Small Business
Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``), such
participation by the Administration shall be equal to'' and all
that follows through the period at the end and inserting ``or
the Community Advantage Pilot Program of the Administration),
such participation by the Administration shall be equal to 90
percent of the balance of the financing outstanding at the time
of disbursement of the loan.''.
(2) <<NOTE: Effective date. 15 USC 636 note.>> Prospective
repeal.--Effective October 1, 2021, section 7(a)(2)(A) of the
Small Business Act (15 U.S.C. 636(a)(2)(A)), as amended by
paragraph (1), is amended to read as follows:
``(A) In general.--Except as provided in
subparagraphs (B), (D), (E), and (F), in an agreement to
participate in a loan on a deferred basis under this
subsection (including a loan made under the Preferred
Lenders Program), such participation by the
Administration shall be equal to--
``(i) 75 percent of the balance of the
financing outstanding at the time of disbursement
of the loan, if such balance exceeds $150,000; or
``(ii) 85 percent of the balance of the
financing outstanding at the time of disbursement
of the loan, if such balance is less than or equal
to $150,000.''.
(b) Express Loans.--
(1) Loan amount.--Section 1102(c)(2) of the CARES Act
(Public Law 116-136; 15 U.S.C. 636 note) is amended to read as
follows:
``(2) <<NOTE: Effective date.>> Prospective repeal.--
Effective on October 1, 2021, section 7(a)(31)(D) of the Small
Business Act (15 U.S.C. 636(a)(31)(D)) is amended by striking `
$1,000,000' and inserting ` $500,000'.''.
(2) Guarantee rates.--
(A) Temporary modification.--Section 7(a)(31)(A)(iv)
of the Small Business Act (15 U.S.C. 636(a)(31)(A)(iv))
is
[[Page 134 STAT. 2037]]
amended by striking ``with a guaranty rate of not more
than 50 percent.'' and inserting the following: ``with a
guarantee rate--
``(I) for a loan in an amount less
than or equal to $350,000, of not more
than 75 percent; and
``(II) for a loan in an amount
greater than $350,000, of not more than
50 percent.''.
(B) <<NOTE: Effective date. 15 USC 636 note.>>
Prospective repeal.--Effective October 1, 2021, section
7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C.
636(a)(31)(iv)), as amended by subparagraph (A), is
amended by striking ``guarantee rate'' and all that
follows through the period at the end and inserting
``guarantee rate of not more than 50 percent.''.
SEC. 327. TEMPORARY FEE REDUCTIONS.
(a) <<NOTE: 15 USC 636 note.>> Administrative Fee Waiver.--
(1) In <<NOTE: Time period.>> general.--During the period
beginning on the date of enactment of this Act and ending on
September 30, 2021, and to the extent that the cost of such
elimination or reduction of fees is offset by appropriations,
with respect to each loan guaranteed under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) (including a recipient of
assistance under the Community Advantage Pilot Program of the
Administration) for which an application is approved or pending
approval on or after the date of enactment of this Act, the
Administrator shall--
(A) in lieu of the fee otherwise applicable under
section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee or reduce fees to the
maximum extent possible; and
(B) in lieu of the fee otherwise applicable under
section 7(a)(18)(A) of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee or reduce fees to the
maximum extent possible.
(2) Application of fee eliminations or reductions.--To the
extent that amounts are made available to the Administrator for
the purpose of fee eliminations or reductions under paragraph
(1), the Administrator shall--
(A) first use any amounts provided to eliminate or
reduce fees paid by small business borrowers under
clauses (i) through (iii) of section 7(a)(18)(A) of the
Small Business Act (15 U.S.C. 636(a)(18)(A)), to the
maximum extent possible; and
(B) then use any amounts provided to eliminate or
reduce fees under 7(a)(23)(A) of the Small Business Act
(15 U.S.C. 636(a)(23)(A)).
(b) <<NOTE: 15 USC 697 note.>> Temporary Fee Elimination for the
504 Loan Program.--
(1) <<NOTE: Time period.>> In general.--During the period
beginning on the date of enactment of this Act and ending on
September 30, 2021, and to the extent the cost of such
elimination in fees is offset by appropriations, with respect to
each project or loan guaranteed by the Administrator pursuant to
title V of the Small Business Investment Act of 1958 (15 U.S.C.
695 et seq.) for which an application is approved or pending
approval on or after the date of enactment of this Act--
[[Page 134 STAT. 2038]]
(A) the Administrator shall, in lieu of the fee
otherwise applicable under section 503(d)(2) of the
Small Business Investment Act of 1958 (15 U.S.C.
697(d)(2)), collect no fee; and
(B) a development company shall, in lieu of the
processing fee under section 120.971(a)(1) of title 13,
Code of Federal Regulations (relating to fees paid by
borrowers), or any successor regulation, collect no fee.
(2) Reimbursement for waived fees.--
(A) In general.--To the extent that the cost of such
payments is offset by appropriations, the Administrator
shall reimburse each development company that does not
collect a processing fee pursuant to paragraph (1)(B).
(B) Amount.--The payment to a development company
under clause (i) shall be in an amount equal to 1.5
percent of the net debenture proceeds for which the
development company does not collect a processing fee
pursuant to paragraph (1)(B).
SEC. 328. LOW-INTEREST REFINANCING.
(a) Low-Interest Refinancing Under the Local Development Business
Loan Program.--
(1) Repeal.--Section 521(a) of title V of division E of the
Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note) is
repealed.
(2) Refinancing.--Section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) is amended--
(A) in subparagraph (B), in the matter preceding
clause (i), by striking ``50'' and inserting ``100'';
and
(B) by adding at the end the following:
``(C) Refinancing not involving expansions.--
``(i) Definitions.--In this subparagraph--
``(I) the term `borrower' means a
small business concern that submits an
application to a development company for
financing under this subparagraph;
``(II) the term `eligible fixed
asset' means tangible property relating
to which the Administrator may provide
financing under this section; and
``(III) the term `qualified debt'
means indebtedness--
``(aa) that was incurred not
less than 6 months before the
date of the application for
assistance under this
subparagraph;
``(bb) that is a commercial
loan;
``(cc) the proceeds of which
were used to acquire an eligible
fixed asset;
``(dd) that was incurred for
the benefit of the small
business concern; and
``(ee) that is
collateralized by eligible fixed
assets.
``(ii) Authority.--A project that does not
involve the expansion of a small business concern
may include the refinancing of qualified debt if--
``(I) the amount of the financing is
not more than 90 percent of the value of
the collateral for the financing, except
that, if the appraised value
[[Page 134 STAT. 2039]]
of the eligible fixed assets serving as
collateral for the financing is less
than the amount equal to 125 percent of
the amount of the financing, the
borrower may provide additional cash or
other collateral to eliminate any
deficiency;
``(II) <<NOTE: Time period.>> the
borrower has been in operation for all
of the 2-year period ending on the date
the loan application is submitted; and
``(III) <<NOTE: Determination.>>
for a financing for which the
Administrator determines there will be
an additional cost attributable to the
refinancing of the qualified debt, the
borrower agrees to pay a fee in an
amount equal to the anticipated
additional cost.
``(iii) Financing for business expenses.--
``(I) Financing for business
expenses.--The Administrator may provide
financing to a borrower that receives
financing that includes a refinancing of
qualified debt under clause (ii), in
addition to the refinancing under clause
(ii), to be used solely for the payment
of business expenses.
``(II) Application for financing.--
An application for financing under
subclause (I) shall include--
``(aa) a specific
description of the expenses for
which the additional financing
is requested; and
``(bb) an itemization of the
amount of each expense.
``(III) Condition on additional
financing.--A borrower may not use any
part of the financing under this clause
for non-business purposes.
``(iv) Loans based on jobs.--
``(I) Job creation and retention
goals.--
``(aa) In general.--The
Administrator may provide
financing under this
subparagraph for a borrower that
meets the job creation goals
under subsection (d) or (e) of
section 501.
``(bb) Alternate job
retention goal.--The
Administrator may provide
financing under this
subparagraph to a borrower that
does not meet the goals
described in item (aa) in an
amount that is not more than the
product obtained by multiplying
the number of employees of the
borrower by $75,000.
``(II) Number of employees.--For
purposes of subclause (I), the number of
employees of a borrower is equal to the
sum of--
``(aa) the number of full-
time employees of the borrower
on the date on which the
borrower applies for a loan
under this subparagraph; and
``(bb) the product obtained
by multiplying--
``(AA) the number of
part-time employees of the
borrower on the date
[[Page 134 STAT. 2040]]
on which the borrower
applies for a loan under
this subparagraph, by
``(BB) the quotient
obtained by dividing the
average number of hours each
part time employee of the
borrower works each week by
40.
``(v) Total amount of loans.--The
Administrator may provide not more than a total of
$7,500,000,000 of financing under this
subparagraph for each fiscal year.''.
(b) Express Loan Authority for Accredited Lenders.--
(1) In general.--Section 507 of the Small Business
Investment Act of 1958 (15 U.S.C. 697d) is amended by striking
subsection (e) and inserting the following:
``(e) Express Loan Authority.--A local development company
designated as an accredited lender in accordance with subsection (b)--
``(1) may--
``(A) approve, authorize, close, and service covered
loans that are funded with proceeds of a debenture
issued by the company; and
``(B) authorize the guarantee of a debenture
described in subparagraph (A); and
``(2) with respect to a covered loan, shall be subject to
final approval as to eligibility of any guarantee by the
Administration pursuant to section 503(a), but such final
approval shall not include review of decisions by the lender
involving creditworthiness, loan closing, or compliance with
legal requirements imposed by law or regulation.
``(f) Definitions.--In this section--
``(1) the term `accredited lender certified company' means a
certified development company that meets the requirements under
subsection (b), including a certified development company that
the Administration has designated as an accredited lender under
that subsection;
``(2) the term `covered loan'--
``(A) means a loan made under section 502 in an
amount that is not more than $500,000; and
``(B) does not include a loan made to a borrower
that is in an industry that has a high rate of default,
as annually determined by the Administrator and reported
in rules of the Administration; and
``(3) the term `qualified State or local development
company' has the meaning given the term in section 503(e).''.
(2) <<NOTE: Effective date. 15 USC 697d note.>> Prospective
repeal.--Effective on September 30, 2023, section 507 of the
Small Business Investment Act of 1958 (15 U.S.C. 697d), as
amended by paragraph (1), is amended by striking subsections (e)
and (f) and inserting the following:
``(e) Definition.--In this section, the term `qualified State or
local development company' has the meaning given the term in section
503(e).''.
(c) <<NOTE: Time period. 15 USC 696 note.>> Refinancing Senior
Project Debt.--During the 1-year period beginning on the date of
enactment of this Act, a development company described in title V of the
Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is
authorized to allow the refinancing of a senior loan on an existing
project in an amount
[[Page 134 STAT. 2041]]
that, when combined with the outstanding balance on the development
company loan, is not more than 90 percent of the total loan to value.
Proceeds of such refinancing can be used to support business operating
expenses.
SEC. 329. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.
(a) Loans to Intermediaries.--
(1) In general.--Section 7(m) of the Small Business Act (15
U.S.C. 636(m)) is amended--
(A) in paragraph (3)(C)--
(i) by striking ``and $6,000,000'' and
inserting `` $10,000,000 (in the aggregate)''; and
(ii) by inserting before the period at the end
the following: ``, and $4,500,000 in any of those
remaining years'';
(B) in paragraph (4)--
(i) in subparagraph (A), by striking
``subparagraph (C)'' each place that term appears
and inserting ``subparagraphs (C) and (G)'';
(ii) in subparagraph (C), by amending clause
(i) to read as follows:
``(i) In general.--In addition to grants made
under subparagraph (A) or (G), each intermediary
shall be eligible to receive a grant equal to 5
percent of the total outstanding balance of loans
made to the intermediary under this subsection
if--
``(I) the intermediary provides not
less than 25 percent of its loans to
small business concerns located in or
owned by 1 or more residents of an
economically distressed area; or
``(II) the intermediary has a
portfolio of loans made under this
subsection--
``(aa) that averages not
more than $10,000 during the
period of the intermediary's
participation in the program; or
``(bb) of which not less
than 25 percent is serving rural
areas during the period of the
intermediary's participation in
the program.''; and
(iii) by adding at the end the following:
``(G) Grant amounts based on appropriations.--In any
fiscal year in which the amount appropriated to make
grants under subparagraph (A) is sufficient to provide
to each intermediary that receives a loan under
paragraph (1)(B)(i) a grant of not less than 25 percent
of the total outstanding balance of loans made to the
intermediary under this subsection, the Administration
shall make a grant under subparagraph (A) to each
intermediary of not less than 25 percent and not more
than 30 percent of that total outstanding balance for
the intermediary.''; and
(C) in paragraph (11)--
(i) in subparagraph (C)(ii), by striking all
after the semicolon and inserting ``and''; and
(ii) by striking all after subparagraph (C)
and inserting the following:
``(D) the term `economically distressed area', as
used in paragraph (4), means a county or equivalent
division
[[Page 134 STAT. 2042]]
of local government of a State in which the small
business concern is located, in which, according to the
most recent data available from the Bureau of the
Census, Department of Commerce, not less than 40 percent
of residents have an annual income that is at or below
the poverty level.''.
(2) <<NOTE: Effective date. 15 USC 636 note.>> Prospective
amendment.--Effective on October 1, 2021, section 7(m)(3)(C) of
the Small Business Act (15 U.S.C. 636(m)(3)(C)), as amended by
paragraph (1)(A), is amended--
(A) by striking `` $10,000,000'' and by inserting ``
$7,000,000''; and
(B) by striking `` $4,500,000'' and inserting ``
$3,000,000''.
(b) <<NOTE: 15 USC 636 note.>> Temporary Waiver of Technical
Assistance Grants Matching Requirements and Flexibility on Pre- and
Post-Loan Assistance <<NOTE: Time period.>> .--During the period
beginning on the date of enactment of this Act and ending on September
30, 2021, the Administration shall waive--
(1) the requirement to contribute non-Federal funds under
section 7(m)(4)(B) of the Small Business Act (15 U.S.C.
636(m)(4)(B)); and
(2) the limitation on amounts allowed to be expended to
provide information and technical assistance under clause (i) of
section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) and enter into third party contracts for the
provision of technical assistance under clause (ii) of such
section 7(m)(4)(E).
(c) <<NOTE: Time periods. 15 USC 636 note.>> Temporary Duration of
Loans to Borrowers.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending on September 30, 2021, the
duration of a loan made by an eligible intermediary under
section 7(m) of the Small Business Act (15 U.S.C. 636(m))--
(A) to an existing borrower may be extended to not
more than 8 years; and
(B) to a new borrower may be not more than 8 years.
(2) <<NOTE: Effective date.>> Reversion.--On and after
October 1, 2021, the duration of a loan made by an eligible
intermediary to a borrower under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)) shall be 7 years or such other
amount established by the Administrator.
(d) Funding.--Section 20 of the Small Business Act (15 U.S.C. 631
note) is amended by adding at the end the following:
``(h) <<NOTE: Time period.>> Microloan Program.--For each of fiscal
years 2021 through 2025, the Administration is authorized to make--
``(1) $80,000,000 in technical assistance grants, as
provided in section 7(m); and
``(2) $110,000,000 in direct loans, as provided in section
7(m).''.
(e) Authorization of Appropriations.--In addition to amounts
provided under the Consolidated Appropriations Act, 2020 (Public Law
116-93; 133 Stat. 2317) for the program established under section 7(m)
of the Small Business Act (15 U.S.C. 636(m)) and amounts provided for
fiscal year 2021 for that program, there is authorized to be
appropriated for fiscal year 2021, to remain available until expended--
(1) $50,000,000 to provide technical assistance grants under
such section 7(m); and
[[Page 134 STAT. 2043]]
(2) $7,000,000 to provide direct loans under such section
7(m).
SEC. 330. <<NOTE: 15 USC 637 note.>> EXTENSION OF PARTICIPATION
IN 8(a) PROGRAM.
(a) <<NOTE: Effective date. Time period.>> In General.--The
Administrator shall ensure that a small business concern participating
in the program established under section 8(a) of the Small Business Act
(15 U.S.C. 637(a)) on or before September 9, 2020, may elect to extend
such participation by a period of 1 year, regardless of whether the
small business concern previously elected to suspend participation in
the program pursuant to guidance of the Administrator.
(b) <<NOTE: Deadline.>> Emergency Rulemaking Authority.--Not later
than 15 days after the date of enactment of this Act, the Administrator
shall issue regulations to carry out this section without regard to the
notice requirements under section 553(b) of title 5, United States Code.
SEC. 331. <<NOTE: 15 USC 9009b.>> TARGETED EIDL ADVANCE FOR SMALL
BUSINESS CONTINUITY, ADAPTATION, AND
RESILIENCY.
(a) Definitions.--In this section:
(1) Agricultural enterprise.--The term ``agricultural
enterprise'' has the meaning given the term in section 18(b) of
the Small Business Act (15 U.S.C. 647(b)).
(2) Covered entity.--The term ``covered entity''--
(A) means an eligible entity that--
(i) applies for a loan under section 7(b)(2)
of the Small Business Act (15 U.S.C. 636(b)(2))
during the covered period, including before the
date of enactment of this Act;
(ii) is located in a low-income community;
(iii) has suffered an economic loss of greater
than 30 percent; and
(iv) employs not more than 300 employees; and
(B) except with respect to an entity included under
section 123.300(c) of title 13, Code of Federal
Regulations, or any successor regulation, does not
include an agricultural enterprise.
(3) Covered period.--The term ``covered period'' has the
meaning given the term in section 1110(a)(1) of the CARES Act
(15 U.S.C. 9009(a)(1)), as amended by section 332 of this Act.
(4) Economic loss.--The term ``economic loss'' means, with
respect to a covered entity--
(A) <<NOTE: Time period.>> the amount by which the
gross receipts of the covered entity declined during an
8-week period between March 2, 2020, and December 31,
2021, relative to a comparable 8-week period immediately
preceding March 2, 2020, or during 2019; or
(B) if the covered entity is a seasonal business
concern, such other amount determined appropriate by the
Administrator.
(5) Eligible entity.--The term ``eligible entity'' means an
entity that, during the covered period, is eligible for a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), as described in section 1110(b) of the CARES Act (15
U.S.C. 9009(b)).
[[Page 134 STAT. 2044]]
(6) Low-income community.--The term ``low-income community''
has the meaning given the term in section 45D(e) of the Internal
Revenue Code of 1986.
(b) Entitlement to Full Amount.--
(1) In general.--Subject to paragraph (2), a covered entity,
after submitting a request to the Administrator that the
Administrator verifies under subsection (c), shall receive a
total of $10,000 under section 1110(e) of the CARES Act (15
U.S.C. 9009(e)), without regard to whether--
(A) the applicable loan for which the covered entity
applies or applied under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) is or was approved;
(B) the covered entity accepts or accepted the offer
of the Administrator with respect to an approved loan
described in subparagraph (A); or
(C) the covered entity has previously received a
loan under section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)).
(2) Effect of previously received amounts.--
(A) In general.--With respect to a covered entity
that received an emergency grant under section 1110(e)
of the CARES Act (15 U.S.C. 9009(e)) before the date of
enactment of this Act, the amount of the payment that
the covered entity shall receive under this subsection
(after satisfaction of the procedures required under
subparagraph (B)) shall be the difference between
$10,000 and the amount of that previously received
grant.
(B) <<NOTE: Deadline.>> Procedures.--If the
Administrator receives a request under paragraph (1)
from a covered entity described in subparagraph (A) of
this paragraph, the Administrator shall, not later than
21 days after the date on which the Administrator
receives the request--
(i) <<NOTE: Verification.>> perform the
verification required under subsection (c);
(ii) if the Administrator, under subsection
(c), verifies that the entity is a covered entity,
provide to the covered entity a payment in the
amount described in subparagraph (A); and
(iii) <<NOTE: Determination.>> with respect
to a covered entity that the Administrator
determines is not entitled to a payment under this
section, provide the covered entity with a
notification explaining why the Administrator
reached that determination.
(C) Rule of construction.--Nothing in this paragraph
may be construed to require any entity that received an
emergency grant under section 1110(e) of the CARES Act
(15 U.S.C. 9009(e)) before the date of enactment of this
Act to repay any amount of that grant.
(c) <<NOTE: Records. Determination.>> Verification.--In carrying
out this section, the Administrator shall require any information,
including any tax records, from an entity submitting a request under
subsection (b) that the Administrator determines to be necessary to
verify that the entity is a covered entity, without regard to whether
the entity has previously submitted such information to the
Administrator.
(d) Order of Processing.--The Administrator shall process and
approve requests for payments under subsection (b) in the
[[Page 134 STAT. 2045]]
order that the Administrator receives the requests, except that the
Administrator shall give--
(1) first priority to covered entities described in
subsection (b)(2)(A); and
(2) second priority to covered entities that have not
received emergency grants under section 1110(e) of the CARES Act
(15 U.S.C. 9009(e)), as of the date on which the Administrator
receives such a request, because of the unavailability of
funding to carry out such section 1110(e).
(e) Applicability.--In addition to any other restriction imposed
under this section, any eligibility restriction applicable to a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), including any restriction under section 123.300 or 123.301
of title 13, Code of Federal Regulations, or any successor regulation,
shall apply with respect to funding provided under this section.
(f) Notification Required.--The Administrator shall provide notice
to each of the following entities stating that the entity may be
eligible for a payment under this section if the entity satisfies the
requirements under clauses (ii), (iii), and (iv) of subsection
(a)(2)(A):
(1) Each entity that received an emergency grant under
section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the
date of enactment of this Act.
(2) Each entity that, before the date of enactment of this
Act--
(A) applied for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)); and
(B) did not receive an emergency grant under section
1110(e) of the CARES Act (15 U.S.C. 9009(e)) because of
the unavailability of funding to carry out such section
1110(e).
(g) Administration.--In carrying out this section, the Administrator
may rely on loan officers and other personnel of the Office of Disaster
Assistance of the Administration and other resources of the
Administration, including contractors of the Administration.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator $20,000,000,000 to carry out this
section--
(1) which shall remain available through December 31, 2021;
and
(2) of which $20,000,000 is authorized to be appropriated to
the Inspector General of the Administration to prevent waste,
fraud, and abuse with respect to funding provided under this
section.
SEC. 332. EMERGENCY EIDL GRANTS.
Section 1110 of the CARES Act (15 U.S.C. 9009) is amended--
(1) in subsection (a)(1), by striking ``December 31, 2020''
and inserting ``December 31, 2021'';
(2) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
``(1) approve an applicant--
``(A) based solely on the credit score of the
applicant; or
``(B) by using alternative appropriate methods to
determine an applicant's ability to repay; and
[[Page 134 STAT. 2046]]
``(2) use information from the Department of the Treasury to
confirm that--
``(A) an applicant is eligible to receive such a
loan; or
``(B) the information contained in an application
for such a loan is accurate.''; and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``During the covered period''
and inserting the following:
``(A) Advances.--During the covered period'';
(ii) in subparagraph (A), as so designated, by
striking ``within 3 days after the Administrator
receives an application from such applicant''; and
(iii) by adding at the end the following:
``(B) <<NOTE: Deadline.>> Timing.--With respect to
each request submitted to the Administrator under
subparagraph (A), the Administrator shall, not later
than 21 days after the date on which the Administrator
receives the request--
``(i) <<NOTE: Verification.>> verify whether
the entity is an entity that is eligible for a
loan made under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) during the
covered period, as described in subsection (b);
``(ii) if the Administrator, under clause (i),
verifies that the entity submitting the request is
an entity that is eligible, as described in that
clause, provide the advance requested by the
entity; and
``(iii) <<NOTE: Determination.>> with respect
to an entity that the Administrator determines is
not entitled to receive an advance under this
subsection, provide the entity with a notification
explaining why the Administrator reached that
determination.'';
(B) in paragraph (7), by striking ``
$20,000,000,000'' and inserting `` $40,000,000,000'';
and
(C) in paragraph (8), by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.
(a) <<NOTE: 15 USC 9009 note.>> Definitions.--In this section--
(1) the term ``covered entity'' means an entity that
receives an advance under section 1110(e) of the CARES Act (15
U.S.C. 9009(e)), including an entity that received such an
advance before the date of enactment of this Act; and
(2) the term ``covered period'' has the meaning given the
term in section 1110(a)(1) of the CARES Act (15 U.S.C.
9009(a)(1)), as amended by section 332 of this Act.
(b) Sense of Congress.--It is the sense of Congress that borrowers
of loans made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) in response to COVID-19 during the covered period should be
made whole, without regard to whether those borrowers are eligible for
forgiveness with respect to those loans.
(c) Repeal.--Section 1110(e)(6) of the CARES Act (15 U.S.C.
9009(e)(6)) is repealed.
(d) <<NOTE: 15 USC 9009 note.>> Effective Date; Applicability.--The
amendment made by subsection (c) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281).
[[Page 134 STAT. 2047]]
(e) <<NOTE: 15 USC 9009 note.>> Rulemaking.--
(1) <<NOTE: Deadline.>> In general.--Not later than 15 days
after the date of enactment of this Act, the Administrator shall
issue rules that ensure the equal treatment of all covered
entities with respect to the amendment made by subsection (c),
which shall include consideration of covered entities that,
before the date of enactment of this Act, completed the loan
forgiveness process described in section 1110(e)(6) of the CARES
Act (15 U.S.C. 9009(e)(6)), as in effect before that date of
enactment.
(2) Notice and comment.-- The notice and comment
requirements under section 553 of title 5, United States Code,
shall not apply with respect to the rules issued under paragraph
(1).
SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(a) LOANS.
Section 7(a)(7) of the Small Business Act (15 U.S.C. 636(a)(7)) is
amended--
(1) by striking ``The Administration'' and inserting ``(A)
In general.--The Administrator'';
(2) in subparagraph (A), as so designated, by inserting
``and interest'' after ``principal''; and
(3) by adding at the end the following:
``(B) Deferral requirements.--With respect to a
deferral provided under this paragraph, the
Administrator may allow lenders under this subsection--
``(i) <<NOTE: Time period.>> to provide full
payment deferment relief (including payment of
principal and interest) for a period of not more
than 1 year; and
``(ii) to provide an additional deferment
period if the borrower provides documentation
justifying such additional deferment.
``(C) Secondary market.--
``(i) In general.--Except as provided in
clause (ii), if an investor declines to approve a
deferral or additional deferment requested by a
lender under subparagraph (B), the Administrator
shall exercise the authority to purchase the loan
so that the borrower may receive full payment
deferment relief (including payment of principal
and interest) or an additional deferment as
described in subparagraph (B).
``(ii) <<NOTE: Determination.>> Exception.--
If, in a fiscal year, the Administrator determines
that the cost of implementing clause (i) is
greater than zero, the Administrator shall not
implement that clause.''.
SEC. 335. DOCUMENTATION REQUIRED FOR CERTAIN ELIGIBLE RECIPIENTS.
(a) In General.--Section 7(a)(36)(D)(ii)(II) of the Small Business
Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking ``as is
necessary'' and all that follows through the period at the end and
inserting ``as determined necessary by the Administrator and the
Secretary, to establish the applicant as eligible.''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--The
amendment made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
[[Page 134 STAT. 2048]]
SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.
(a) In General.--Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small
Business Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by
striking ``, in the case of an applicant'' and all that follows through
``June 30, 2019'' and inserting the following: ``an applicant that is a
seasonal employer shall use the average total monthly payments for
payroll for any 12-week period selected by the seasonal employer between
February 15, 2019, and February 15, 2020''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall be effective as if
included in the CARES Act (Public Law 116-136; 134 Stat. 281)
and shall apply to any loan made pursuant to section 7(a)(36) of
the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
after the date of enactment of this Act, including forgiveness
of such a loan.
(2) Exclusion of loans already forgiven.--The amendment made
by subsection (a) shall not apply to a loan made pursuant to
section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) for which the borrower received forgiveness before
the date of enactment of this Act under section 1106 of the
CARES Act, as in effect on the day before such date of
enactment.
SEC. 337. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE
REQUIREMENTS.
(a) In General.--Section 7(a)(36)(F)(v) of the Small Business Act
(15 U.S.C. 636(a)(36)(F)(v)) is amended by striking ``clause (i)'' and
inserting ``clause (i) or (iv)''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--The
amendment made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
SEC. 338. APPLICATION OF CERTAIN TERMS THROUGH LIFE OF COVERED
LOAN.
(a) In General.--Section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) is amended--
(1) in subparagraph (H), in the matter preceding clause (i),
by striking ``During the covered period, with'' and inserting
``With'';
(2) in subparagraph (J), in the matter preceding clause (i),
by striking ``During the covered period, with'' and inserting
``With''; and
(3) in subparagraph (M)--
(A) in clause (ii), in the matter preceding
subclause (I), by striking ``During the covered period,
the'' and inserting ``The''; and
(B) in clause (iii), by striking ``During the
covered period, with'' and inserting ``With''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--The
amendments made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
[[Page 134 STAT. 2049]]
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of
this Act, including forgiveness of such a loan.
SEC. 339. INTEREST CALCULATION ON COVERED LOANS.
(a) <<NOTE: 15 USC 636 note.>> Definitions.--In this section, the
terms ``covered loan'' and ``eligible recipient'' have the meanings
given the terms in section 7(a)(36)(A) of the Small Business Act (15
U.S.C. 636(a)(36)(A)).
(b) Calculation.--Section 7(a)(36)(L) of the Small Business Act (15
U.S.C. 636(a)(36)(L)) is amended by inserting ``, calculated on a non-
compounding, non-adjustable basis'' after ``4 percent''.
(c) <<NOTE: 15 USC 636 note.>> Applicability.--The amendment made
by subsection (b) may apply with respect to a covered loan made before
the date of enactment of this Act, upon the agreement of the lender and
the eligible recipient with respect to the covered loan.
SEC. 340. REIMBURSEMENT FOR PROCESSING.
(a) Reimbursement.--Section 7(a)(36)(P) of the Small Business Act
(15 U.S.C. 636(a)(36)(P)) is amended--
(1) by amending clause (i) to read as follows:
``(i) In general.--The Administrator shall
reimburse a lender authorized to make a covered
loan as follows:
``(I) With respect to a covered loan
made during the period beginning on the
date of enactment of this paragraph and
ending on the day before the date of
enactment of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and
Venues Act, the Administrator shall
reimburse such a lender at a rate, based
on the balance of the financing
outstanding at the time of disbursement
of the covered loan, of--
``(aa) 5 percent for loans
of not more than $350,000;
``(bb) 3 percent for loans
of more than $350,000 and less
than $2,000,000; and
``(cc) 1 percent for loans
of not less than $2,000,000.
``(II) With respect to a covered
loan made on or after the date of
enactment of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and
Venues Act, the Administrator shall
reimburse such a lender--
``(aa) for a covered loan of
not more than $50,000, in an
amount equal to the lesser of--
``(AA) 50 percent of the
balance of the financing
outstanding at the time of
disbursement of the covered
loan; or
``(BB) $2,500; and
``(bb) at a rate, based on
the balance of the financing
outstanding at the time of
disbursement of the covered
loan, of--
``(AA) 5 percent for a
covered loan of more than
$50,000 and not more than
$350,000;
``(BB) 3 percent for a
covered loan of more than
$350,000 and less than
$2,000,000; and
[[Page 134 STAT. 2050]]
``(CC) 1 percent for a
covered loan of not less
than $2,000,000.''; and
(2) by amending clause (iii) to read as follows:
``(iii) <<NOTE: Deadline.>> Timing.--A
reimbursement described in clause (i) shall be
made not later than 5 days after the reported
disbursement of the covered loan and may not be
required to be repaid by a lender unless the
lender is found guilty of an act of fraud in
connection with the covered loan.''.
(b) Fee Limits.--
(1) In general.--Section 7(a)(36)(P)(ii) of the Small
Business Act (15 U.S.C. 636(a)(36)(P)(ii)) is amended by adding
at the end the following: ``If an eligible recipient has
knowingly retained an agent, such fees shall be paid by the
eligible recipient and may not be paid out of the proceeds of a
covered loan. A lender shall only be responsible for paying fees
to an agent for services for which the lender directly contracts
with the agent.''.
(2) <<NOTE: 15 USC 636 note.>> Effective date;
applicability.--The amendment made by paragraph (1) shall be
effective as if included in the CARES Act (Public Law 116-136;
134 Stat. 281) and shall apply to any loan made pursuant to
section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
SEC. 341. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY DISASTER
LOAN RECIPIENTS.
Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C.
636(a)(36)(Q)) is amended by striking ``during the period beginning on
January 31, 2020, and ending on the date on which covered loans are made
available''.
SEC. 342. PROHIBITION OF ELIGIBILITY FOR PUBLICLY-TRADED
COMPANIES.
Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
amended--
(1) in subparagraph (A), as amended by section 318 of this
Act, by adding at the end the following:
``(xvi) <<NOTE: Definitions.>> the terms
`exchange', `issuer', and `security' have the
meanings given those terms in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).''; and
(2) in subparagraph (D), as amended by section 318 of this
Act by adding at the end the following:
``(viii) Ineligibility of publicly-traded
entities.--Notwithstanding any other provision of
this paragraph, on and after the date of enactment
of the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act, an entity that is an
issuer, the securities of which are listed on an
exchange registered as a national securities
exchange under section 6 of the Securities
Exchange Act of 1934 (15 U.S.C. 78f), shall be
ineligible to receive a covered loan under this
paragraph.''.
[[Page 134 STAT. 2051]]
SEC. 343. COVERED PERIOD FOR NEW PARAGRAPH (36) LOANS.
(a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act
(15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``December 31,
2020'' and inserting ``March 31, 2021''.
(b) <<NOTE: 15 USC 636 note.>> Effective Date; Applicability.--The
amendment made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
Act, including forgiveness of such a loan.
SEC. 344. APPLICABLE PERIODS FOR PRORATION.
Section 7(a)(36)(A)(viii) of the Small Business Act (15 U.S.C.
636(a)(36)(A)(viii)) is amended--
(1) in subclause (I)(bb), by striking ``in 1 year, as
prorated for the covered period'' and inserting ``on an
annualized basis, as prorated for the period during which the
payments are made or the obligation to make the payments is
incurred''; and
(2) in subclause (II)--
(A) in item (aa), by striking ``an annual salary of
$100,000, as prorated for the covered period'' and
inserting `` $100,000 on an annualized basis, as
prorated for the period during which the compensation is
paid or the obligation to pay the compensation is
incurred''; and
(B) in item (bb), by striking ``covered'' and
inserting ``applicable''.
SEC. 345. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT UNDER
THE WOMEN'S BUSINESS CENTER PROGRAM.
(a) <<NOTE: Time period.>> In General.--Section 1105 of the CARES
Act (15 U.S.C. 9004) is amended by striking ``the 3-month period
beginning on the date of enactment of this Act'' and inserting ``the
period beginning on the date of enactment of this Act and ending on June
30, 2021''.
(b) <<NOTE: 15 USC 9004 note.>> Effective Date; Applicability.--The
amendment made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281).
SEC. 346. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL
BUSINESS DEVELOPMENT CENTERS.
(a) In General.--Section 1103(b)(3)(A) of the CARES Act (15 U.S.C.
9002(b)(3)(A)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(i) In general.--The Administration''; and
(2) by adding at the end the following:
``(ii) Clarification of use.--Awards made
under clause (i) shall be in addition to, and
separate from, any amounts appropriated to make
grants under section 21(a) of the Small Business
Act (15 U.S.C. 648(a)) and such an award may be
used to complement and support such a grant,
except that priority with respect to the receipt
of that assistance shall be given to small
business development centers that have been
affected by issues described in paragraph (2).''.
[[Page 134 STAT. 2052]]
(b) <<NOTE: 15 USC 9002 note.>> Effective Date; Applicability.--The
amendments made by subsection (a) shall be effective as if included in
the CARES Act (Public Law 116-136; 134 Stat. 281).
SEC. 347. GAO REPORT.
Not later than 120 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report regarding the
use by the Administration of funds made available to the Administration
through supplemental appropriations in fiscal year 2020, the purpose of
which was for administrative expenses.
SEC. 348. <<NOTE: 15 USC 636 note.>> EFFECTIVE DATE;
APPLICABILITY.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on the date of enactment
of this Act and apply to loans and grants made on or after the date of
enactment of this Act.
TITLE IV--TRANSPORTATION
Subtitle A--Airline Worker Support Extension
SEC. <<NOTE: 15 USC 9091.>> 401. DEFINITIONS.
Unless <<NOTE: Applicability.>> otherwise specified, the
definitions in section 40102(a) of title 49, United States Code, shall
apply to this subtitle, except that in this subtitle--
(1) the term ``catering functions'' means preparation,
assembly, or both, of food, beverages, provisions and related
supplies for delivery, and the delivery of such items, directly
to aircraft or to a location on or near airport property for
subsequent delivery to aircraft;
(2) the term ``contractor'' means--
(A) a person that performs, under contract with a
passenger air carrier conducting operations under part
121 of title 14, Code of Federal Regulations--
(i) catering functions; or
(ii) functions on the property of an airport
that are directly related to the air
transportation of persons, property, or mail,
including, but not limited to, the loading and
unloading of property on aircraft, assistance to
passengers under part 382 of title 14, Code of
Federal Regulations, security, airport ticketing
and check-in functions, ground-handling of
aircraft, or aircraft cleaning and sanitization
functions and waste removal; or
(B) a subcontractor that performs such functions;
(3) the term ``employee'' means an individual, other than a
corporate officer, who is employed by an air carrier or a
contractor;
(4) the term ``recall'' means the dispatch of a notice by a
passenger air carrier or a contractor, via mail, courier, or
electronic mail, to an involuntarily furloughed employee
notifying the employee that--
[[Page 134 STAT. 2053]]
(A) the employee must, within a specified period of
time, elect either--
(i) to return to employment or bypass return
to employment, in accordance with an applicable
collective bargaining agreement or, in the absence
of a collective bargaining agreement, company
policy; or
(ii) to permanently separate from employment
with the passenger air carrier or contractor; and
(B) failure to respond within such time period
specified shall be considered an election under
subparagraph (A)(ii);
(5) the term ``returning employee'' means an involuntarily
furloughed employee who has elected to return to employment
pursuant to a recall notice; and
(6) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. <<NOTE: 15 USC 9092.>> 402. PANDEMIC RELIEF FOR AVIATION
WORKERS.
(a) Financial Assistance for Employee Wages, Salaries, and
Benefits.--Notwithstanding any other provision of law, to preserve
aviation jobs and compensate air carrier industry workers, the Secretary
shall provide financial assistance that shall exclusively be used for
the continuation of payment of employee wages, salaries, and benefits
to--
(1) passenger air carriers, in an aggregate amount up to
$15,000,000,000; and
(2) contractors, in an aggregate amount up to
$1,000,000,000.
(b) Administrative Expenses.--Notwithstanding any other provision of
law, the Secretary may use funds made available under section 4112(b) of
the CARES Act (15 U.S.C. 9072(b)) for costs and administrative expenses
associated with providing financial assistance under this subtitle.
SEC. <<NOTE: 15 USC 9093.>> 403. PROCEDURES FOR PROVIDING PAYROLL
SUPPORT.
(a) <<NOTE: Time periods.>> Awardable Amounts.--The Secretary shall
provide financial assistance under this subtitle--
(1) to a passenger air carrier required to file reports
pursuant to part 241 of title 14, Code of Federal Regulations,
as of March 27, 2020, in an amount equal to--
(A) the amount such air carrier was approved to
receive (without taking into account any pro rata
reduction) under section 4113 of the CARES Act (15
U.S.C. 9073); or
(B) at the request of such air carrier, or in the
event such air carrier did not receive assistance under
section 4113 of the CARES Act (15 U.S.C. 9073), the
amount of the salaries and benefits reported by the air
carrier to the Department of Transportation pursuant to
such part 241, for the period from October 1, 2019,
through March 31, 2020;
(2) to a passenger air carrier that was not required to
transmit reports under such part 241, as of March 27, 2020, in
an amount equal to--
(A) the amount such air carrier was approved to
receive (without taking into account any pro rata
reduction) under section 4113 of the CARES Act (15
U.S.C. 9073), plus an additional 15 percent of such
amount;
[[Page 134 STAT. 2054]]
(B) at the request of such air carrier, provided
such air carrier received assistance under section 4113
of the CARES Act (15 U.S.C. 9073), the sum of--
(i) <<NOTE: Certification.>> the amount that
such air carrier certifies, using sworn financial
statements or other appropriate data, as the
amount of total salaries and related fringe
benefits that such air carrier incurred and would
be required to be reported to the Department of
Transportation pursuant to such part 241, if such
air carrier was required to transmit such
information during the period from April 1, 2019,
through September 30, 2019; and
(ii) an additional amount equal to the
difference between the amount certified under
clause (i) and the amount the air carrier received
under section 4113 of the CARES Act (15 U.S.C.
9073); or
(C) in the event such air carrier did not receive
assistance under section 4113 of the CARES Act (15
U.S.C. 9073), an amount that such an air carrier
certifies, using sworn financial statements or other
appropriate data, as the amount of total salaries and
related fringe benefits that such air carrier incurred
and would be required to be reported to the Department
of Transportation pursuant to such part 241, if such air
carrier was required to transmit such information during
the period from October 1, 2019, through March 31, 2020;
and
(3) to a contractor in an amount equal to--
(A) the amount such contractor was approved to
receive (without taking into account any pro rata
reduction) under section 4113 of the CARES Act (15
U.S.C. 9073); or
(B) in the event such contractor did not receive
assistance under section 4113 of the CARES Act (15
U.S.C. 9073), an amount that the contractor certifies,
using sworn financial statements or other appropriate
data, as the amount of wages, salaries, benefits, and
other compensation that such contractor paid the
employees of such contractor during the period from
October 1, 2019, through March 31, 2020.
(b) Deadlines and Procedures.--
(1) In general.--
(A) Forms; terms and conditions.--Financial
assistance provided to a passenger air carrier or
contractor under this subtitle shall--
(i) be, to the maximum extent practicable, in
the same form and on the same terms and conditions
(including requirements for audits and the
clawback of any financial assistance provided upon
failure by a passenger air carrier or contractor
to honor the assurances specified in section 404),
as agreed to by the Secretary and the recipient
for assistance received under section 4113 of the
CARES Act (15 U.S.C. 9073), except if inconsistent
with this subtitle; or
(ii) in the event such a passenger air carrier
or a contractor did not receive assistance under
section 4113 of the CARES Act (15 U.S.C. 9073),
be, to the maximum extent practicable, in the same
form and
[[Page 134 STAT. 2055]]
on the same terms and conditions (including
requirements for audits and the clawback of any
financial assistance provided upon failure by a
passenger air carrier or contractor to honor the
assurances specified in section 404), as agreed to
by the Secretary and similarly situated recipients
of assistance under such section 4113.
(B) Procedures.--The Secretary shall, to the maximum
extent practicable, publish streamlined and expedited
procedures not later than 5 days after the date of
enactment of this subtitle for passenger air carriers
and contractors to submit requests for financial
assistance under this subtitle.
(2) Deadline for immediate payroll assistance.--Not later
than 10 days after the date of enactment of this subtitle, the
Secretary shall make initial payments to passenger air carriers
and contractors that submit requests for financial assistance
approved by the Secretary.
(3) <<NOTE: Determination.>> Subsequent payments.--The
Secretary shall determine an appropriate method for the timely
distribution of payments to passenger air carriers and
contractors with approved requests for financial assistance from
any funds remaining available after providing initial financial
assistance payments under paragraph (2).
(c) Pro Rata Reductions.--The Secretary shall have the authority to
reduce, on a pro rata basis, the amounts due to passenger air carriers
and contractors under subsection (a) in order to address any shortfall
in assistance that would otherwise be provided under such subsection.
(d) Audits.--The Inspector General of the Department of the Treasury
shall audit certifications made under subsection (a).
SEC. <<NOTE: Contracts. 15 USC 9094.>> 404. REQUIRED ASSURANCES.
(a) <<NOTE: Certification. Expiration dates.>> In General.--To be
eligible for financial assistance under this subtitle, a passenger air
carrier or a contractor shall enter into an agreement with the
Secretary, or otherwise certify in such form and manner as the Secretary
shall prescribe, that the passenger air carrier or contractor shall--
(1) refrain from conducting involuntary furloughs or
reducing pay rates and benefits until--
(A) with respect to passenger air carriers, March
31, 2021; or
(B) with respect to contractors, March 31, 2021, or
the date on which the contractor expends such financial
assistance, whichever is later;
(2) ensure that neither the passenger air carrier or
contractor nor any affiliate of the passenger air carrier or
contractor may, in any transaction, purchase an equity security
of the passenger air carrier or contractor or the parent company
of the passenger air carrier or contractor that is listed on a
national securities exchange through--
(A) with respect to passenger air carriers, March
31, 2022; or
(B) with respect to contractors, March 31, 2022, or
the date on which the contractor expends such financial
assistance, whichever is later;
[[Page 134 STAT. 2056]]
(3) ensure that the passenger air carrier or contractor
shall not pay dividends, or make other capital distributions,
with respect to common stock (or equivalent interest) of the air
carrier or contractor through--
(A) with respect to passenger air carriers, March
31, 2022; or
(B) with respect to contractors, March 31, 2022, or
the date on which the contractor expends such financial
assistance, whichever is later; and
(4) meet the requirements of sections 405 and 406.
(b) <<NOTE: Deadlines. Time periods.>> Recalls of Employees.--An
agreement or certification under this section shall require a passenger
air carrier or contractor to perform the following actions:
(1) In the case of a passenger air carrier or contractor
that received financial assistance under title IV of the CARES
Act--
(A) recall (as defined in section 401), not later
than 72 hours after executing such agreement or
certification, any employees involuntarily furloughed by
such passenger air carrier or contractor between October
1, 2020, and the date such passenger air carrier or
contractor enters into an agreement with the Secretary
with respect to financial assistance under this
subtitle;
(B) compensate returning employees for lost pay and
benefits (offset by any amounts received by the employee
from a passenger air carrier or contractor as a result
of the employee's furlough, including, but not limited
to, furlough pay, severance pay, or separation pay)
between--
(i) in the case of a passenger air carrier,
December 1, 2020, and the date on which such
passenger air carrier enters into an agreement
with the Secretary with respect to financial
assistance under this subtitle; or
(ii) in the case of a contractor, the date of
enactment of this subtitle and the date on which
such contractor enters into an agreement with the
Secretary with respect to financial assistance
under this subtitle; and
(C) restore the rights and protections for such
returning employees as if such employees had not been
involuntarily furloughed.
(2) In the case of a passenger air carrier or contractor
that did not receive financial assistance under title IV of the
CARES Act to--
(A) recall (as defined in section 401), within 72
hours after executing such agreement or certification,
any employees involuntarily furloughed by such passenger
air carrier or contractor between March 27, 2020, and
the date such passenger air carrier or contractor enters
into an agreement with the Secretary for financial
assistance under this subtitle;
(B) compensate returning employees under this
paragraph for lost pay and benefits (offset by any
amounts received by the employee from a passenger air
carrier or contractor as a result of the employee's
furlough, including, but not limited to, furlough pay,
severance pay, or separation pay) between--
[[Page 134 STAT. 2057]]
(i) in the case of a passenger air carrier,
December 1, 2020, and the date such passenger air
carrier enters into an agreement with the
Secretary for financial assistance under this
subtitle; or
(ii) in the case of a contractor, the date of
enactment of this subtitle and the date on which
such contractor enters into an agreement with the
Secretary with respect to financial assistance
under this subtitle; and
(C) restore the rights and protections for such
returning employees as if such employees had not been
involuntarily furloughed.
SEC. <<NOTE: 15 USC 9095.>> 405. PROTECTION OF COLLECTIVE
BARGAINING AGREEMENTS.
(a) In General.--Neither the Secretary, nor any other actor,
department, or agency of the Federal Government, shall condition the
issuance of financial assistance under this subtitle on a passenger air
carrier's or contractor's implementation of measures to enter into
negotiations with the certified bargaining representative of a craft or
class of employees of the passenger air carrier or contractor under the
Railway Labor Act (45 U.S.C. 151 et seq.) or the National Labor
Relations Act (29 U.S.C. 151 et seq.), regarding pay or other terms and
conditions of employment.
(b) Passenger Air Carrier Period of Effect.--With respect to any
passenger air carrier to which financial assistance is provided under
this subtitle, this section shall be in effect with respect to the
passenger air carrier for the period beginning on the date on which the
passenger air carrier is first issued such financial assistance and
ending on March 31, 2021.
(c) Contractor Period of Effect.--With respect to any contractor to
which financial assistance is provided under this subtitle, this section
shall be in effect with respect to the contractor beginning on the date
on which the contractor is first issued such financial assistance and
ending on March 31, 2021, or until the date on which all funds are
expended, whichever is later.
SEC. <<NOTE: 15 USC 9096.>> 406. LIMITATION ON CERTAIN EMPLOYEE
COMPENSATION.
(a) <<NOTE: Time periods.>> In General.--The Secretary may only
provide financial assistance under this subtitle to a passenger air
carrier or contractor after such carrier or contractor enters into an
agreement with the Secretary that provides that, during the 2-year
period beginning October 1, 2020, and ending October 1, 2022--
(1) no officer or employee of the passenger air carrier or
contractor whose total compensation exceeded $425,000 in
calendar year 2019 (other than an employee whose compensation is
determined through an existing collective bargaining agreement
entered into prior to the date of enactment of this subtitle)
will receive from the passenger air carrier or contractor--
(A) total compensation that exceeds, during any 12
consecutive months of such 2-year period, the total
compensation received by the officer or employee from
the passenger air carrier or contractor in calendar year
2019; or
(B) severance pay or other benefits upon termination
of employment with the passenger air carrier or
contractor which exceeds twice the maximum total
compensation
[[Page 134 STAT. 2058]]
received by the officer or employee from the passenger
air carrier or contractor in calendar year 2019; and
(2) no officer or employee of the passenger air carrier or
contractor whose total compensation exceeded $3,000,000 in
calendar year 2019 may receive during any 12 consecutive months
of such period total compensation in excess of the sum of--
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the
total compensation received by the officer or employee
from the passenger air carrier or contractor in calendar
year 2019.
(b) Total Compensation Defined.--In this section, the term ``total
compensation'' includes salary, bonuses, awards of stock, and other
financial benefits provided by a passenger air carrier or contractor to
an officer or employee of the passenger air carrier or contractor.
SEC. <<NOTE: 15 USC 9097.>> 407. MINIMUM AIR SERVICE GUARANTEES.
(a) <<NOTE: Determination. Effective date.>> In General.--The
Secretary of Transportation is authorized to require, to the extent
reasonable and practicable, an air carrier provided financial assistance
under this subtitle to maintain scheduled air transportation, as the
Secretary of Transportation determines necessary, to ensure services to
any point served by that air carrier before March 1, 2020.
(b) Required Considerations.--When considering whether to exercise
the authority provided by this section, the Secretary of Transportation
shall take into consideration the air transportation needs of small and
remote communities, the need to maintain well-functioning health care
supply chains, including medical devices and supplies, and
pharmaceutical supply chains.
(c) Sunset.--The authority provided under this section shall
terminate on March 1, 2022, and any requirements issued by the Secretary
of Transportation under this section shall cease to apply after that
date.
(d) Sense of Congress.--It is the sense of Congress that, when
implementing this section, the Secretary of Transportation should take
into consideration the following:
(1) A number of airports and communities have lost air
service as a result of consolidated operations by covered air
carriers, as permitted by the Department of Transportation,
including smaller airports that are located near larger
airports.
(2) <<NOTE: Determination.>> Airports covering common
points, as determined by the Department of Transportation, do
not align with the grouping commonly used by many air carriers,
other Federal agencies, and distribution channels used by
consumers to purchase air travel.
(3) The demographic, geographic, economic, and other
characteristics of an area and affected communities when
determining whether consolidated operations at a single airport
effectively serve the needs of the point.
(4) Maintaining a robust air transportation system,
including maintaining air service to airports throughout the
United States, plays an important role in the effective
distribution of a coronavirus vaccine.
[[Page 134 STAT. 2059]]
(5) The objections from community respondents on whether a
specific airport should or should not be included in a
consolidated point, including those objections noting the
importance of the required considerations set forth in
subsection (b).
SEC. <<NOTE: 15 USC 9098.>> 408. TAXPAYER PROTECTION.
(a) CARES Act Assistance Recipients.--With respect to a recipient of
financial assistance under section 4113 of the CARES Act (15 U.S.C.
9073) that receives financial assistance under this subtitle, the
Secretary may receive warrants, options, preferred stock, debt
securities, notes, or other financial instruments issued by such
recipient that are, to the maximum extent practicable, in the same form
and amount, and under the same terms and conditions, as agreed to by the
Secretary and such recipient to provide appropriate compensation to the
Federal Government for the provision of the financial assistance under
this subtitle.
(b) Other Applicants.--With respect to a recipient of financial
assistance under this subtitle that did not receive financial assistance
under section 4113 of the CARES Act (15 U.S.C. 9073), the Secretary may
receive warrants, options, preferred stock, debt securities, notes, or
other financial instruments issued by such recipient in a form and
amount that are, to the maximum extent practicable, under the same terms
and conditions as agreed to by the Secretary and similarly situated
recipients of financial assistance under such section to provide
appropriate compensation to the Federal Government for the provision of
the financial assistance under this subtitle.
SEC. <<NOTE: 15 USC 9099.>> 409. REPORTS.
(a) Report.--Not later than May 1, 2021, the Secretary shall submit
to the Committee on Transportation and Infrastructure and the Committee
on Financial Services of the House of Representatives and the Committee
on Commerce, Science, and Transportation and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the financial
assistance provided to passenger air carriers and contractors under this
subtitle, that includes--
(1) a description of any financial assistance provided to
passenger air carriers under this subtitle;
(2) <<NOTE: Audits.>> any audits of passenger air carriers
or contractors receiving financial assistance under this
subtitle;
(3) any reports filed by passenger air carriers or
contractors receiving financial assistance under this subtitle;
(4) any instances of non-compliance by passenger air
carriers or contractors receiving financial assistance under
this subtitle with the requirements of this subtitle or
agreements entered into with the Secretary to receive such
financial assistance; and
(5) information relating to any clawback of any financial
assistance provided to passenger air carriers or contractors
under this subtitle.
(b) Internet Updates.--The Secretary shall update the website of the
Department of the Treasury, at minimum, on a weekly basis as necessary
to reflect new or revised distributions of financial assistance under
this subtitle with respect to each passenger air carrier or contractor
that receives such assistance, the identification of any applicant that
applied for financial assistance under this subtitle, and the date of
application for such assistance.
[[Page 134 STAT. 2060]]
(c) <<NOTE: Deadline. Time period.>> Supplemental Update.--Not
later than the last day of the 1-year period following the date of
enactment of this subtitle, the Secretary shall update and submit to the
Committee on Transportation and Infrastructure and the Committee on
Financial Services of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Banking,
Housing, and Urban Affairs of the Senate, the report submitted under
subsection (a).
(d) <<NOTE: Determination.>> Protection of Certain Data.--The
Secretary may withhold information that would otherwise be required to
be made available under this section only if the Secretary determines to
withhold the information in accordance with section 552 of title 5,
United States Code.
SEC. <<NOTE: 15 USC 9100.>> 410. COORDINATION.
In implementing this subtitle, the Secretary shall coordinate with
the Secretary of Transportation.
SEC. 411. FUNDING.
There is appropriated, out of amounts in the Treasury not otherwise
appropriated, $16,000,000,000 to carry out this subtitle, to remain
available until expended.
SEC. <<NOTE: 15 USC 9101.>> 412. CARES ACT AMENDMENTS.
(a) Continued Application of Required Assurances.--Section 4114 of
the CARES Act (15 U.S.C. 9074) is amended by adding at the end the
following new subsections:
``(c) <<NOTE: Contracts.>> Continued Application.--
``(1) In general.--If, after the date of enactment of this
subsection, a contractor expends any funds made available
pursuant to section 4112 and distributed pursuant to section
4113, the assurances in paragraphs (1) through (3) of subsection
(a) shall continue to apply until the dates included in such
paragraphs, or the date on which the contractor fully expends
such financial assistance, whichever is later.
``(2) <<NOTE: Deadline. Reports.>> Special rule.--Not later
than April 5, 2021, each contractor described in section
4111(3)(A)(i) that has received funds pursuant to such section
4112 shall report to the Secretary on the amount of such funds
that the contractor has expended through March 31, 2021. If the
contractor has expended an amount that is less than 100 percent
of the total amount of funds the contractor received under such
section, the Secretary shall initiate an action to recover any
funds that remain unexpended as of April 30, 2021.
``(d) Recall of Employees.--
``(1) <<NOTE: Furloughs. Time period. Deadline.>> In
general.--Subject to paragraph (2), any contractor that has
unspent financial assistance provided under this subtitle as of
the date of enactment of this subsection and conducted
involuntary furloughs or reduced pay rates and benefits, between
March 27, 2020, and the date on which the contractor entered
into an agreement with the Secretary related to financial
assistance under this subtitle, shall recall (as defined in
section 4111) employees who were involuntarily furloughed during
such period by not later than January 4, 2021.
``(2) <<NOTE: Certification. Time period.>> Waiver.--The
Secretary of the Treasury shall waive the requirement under
paragraph (1) for a contractor to recall employees if the
contractor certifies that the contractor has or will have
insufficient remaining financial assistance provided
[[Page 134 STAT. 2061]]
under this subtitle to keep recalled employees employed for more
than two weeks upon returning to work.
``(3) Audits.--The Inspector General of the Department of
the Treasury shall audit certifications made under paragraph
(2).''.
(b) Definition of Recall.--Section 4111 of the CARES Act (15 U.S.C.
9071) is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) the term `recall' means the dispatch of a notice by a
contractor, via mail, courier, or electronic mail, to an
involuntarily furloughed employee notifying the employee that--
``(A) the employee must, within a specified period
of time that is not less than 14 days, elect either--
``(i) to return to employment or bypass return
to employment in accordance with an applicable
collective bargaining agreement or, in the absence
of a collective bargaining agreement, company
policy; or
``(ii) to permanently separate from employment
with the contractor; and
``(B) failure to respond within such time period
specified will be deemed to be an election under
subparagraph (A)(ii); and''.
(c) Definition of Businesses Critical to Maintaining National
Security.--Section 4002 of the CARES Act (15 U.S.C. 9041) is amended by
adding at the end the following:
``(11) Aerospace-related businesses critical to maintaining
national security.--The term `businesses critical to maintaining
national security' means those businesses that manufacture or
produce aerospace-related products, civil or defense, including
those that design, integrate, assemble, supply, maintain, and
repair such products, and other businesses involved in
aerospace-related manufacturing or production as further defined
by the Secretary, in consultation with the Secretary of Defense
and the Secretary of Transportation. For purposes of the
preceding sentence, aerospace-related products include, but are
not limited to, components, parts, or systems of aircraft,
aircraft engines, or appliances for inclusion in an aircraft,
aircraft engine, or appliance.''.
Subtitle B-- <<NOTE: Coronavirus Economic Relief
for Transportation Services Act.>> Coronavirus Economic Relief for
Transportation Services Act
SEC. <<NOTE: 15 USC 9001 note.>> 420. SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Economic Relief for
Transportation Services Act''.
SEC. <<NOTE: 15 USC 9111.>> 421. ASSISTANCE FOR PROVIDERS OF
TRANSPORTATION SERVICES AFFECTED BY
COVID-19.
(a) Definitions.--In this section:
(1) Covered period.--The term ``covered period'', with
respect to a provider of transportation services, means the
period--
(A) beginning on the date of enactment of this Act;
and
[[Page 134 STAT. 2062]]
(B) ending on the later of--
(i) March 31, 2021; or
(ii) the date on which all funds provided to
the provider of transportation services under
subsection (c) are expended.
(2) COVID-19.--The term ``COVID-19'' means the Coronavirus
Disease 2019.
(3) Payroll costs.--
(A) In general.--The term ``payroll costs'' means--
(i) any payment to an employee of compensation
in the form of--
(I) salary, wage, commission, or
similar compensation;
(II) payment of a cash tip or an
equivalent;
(III) payment for vacation,
parental, family, medical, or sick
leave;
(IV) payment required for the
provision of group health care or other
group insurance benefits, including
insurance premiums;
(V) payment of a retirement benefit;
(VI) payment of a State or local tax
assessed on employees with respect to
compensation; or
(VII) paid administrative leave; and
(ii) any payment of compensation to, or income
of, a sole proprietor or independent contractor--
(I) that is--
(aa) a wage;
(bb) a commission;
(cc) income;
(dd) net earnings from self-
employment; or
(ee) similar compensation;
and
(II) in an amount equal to not more
than $100,000 during 1 calendar year, as
prorated for the covered period.
(B) Exclusions.--The term ``payroll costs'' does not
include--
(i) any compensation of an individual employee
in excess of an annual salary of $100,000, as
prorated for the covered period;
(ii) any tax imposed or withheld under chapter
21, 22, or 24 of the Internal Revenue Code of 1986
during the covered period;
(iii) any compensation of an employee whose
principal place of residence is outside the United
States;
(iv) any qualified sick leave wages for which
a credit is allowed under section 7001 of the
Families First Coronavirus Response Act (26 U.S.C.
3111 note; Public Law 116-127);
(v) any qualified family leave wages for which
a credit is allowed under section 7003 of that Act
(26 U.S.C. 3111 note; Public Law 116-127); or
(vi) any bonus, raise in excess of inflation,
or other form of additional employee compensation.
(4) Provider of transportation services.--The term
``provider of transportation services'' means an entity that--
(A) is established or organized--
[[Page 134 STAT. 2063]]
(i) in the United States; or
(ii) pursuant to Federal law;
(B) has significant operations, and a majority of
employees based, in the United States;
(C) was in operation on March 1, 2020; and
(D) is the operator of--
(i) a vessel of the United States (as defined
in section 116 of title 46, United States Code)
that is--
(I) a passenger vessel (as defined
in section 2101 of that title) carrying
fewer than 2,400 passengers;
(II) a small passenger vessel (as
defined in section 2101 of that title);
or
(III) a vessel providing pilotage
services and regulated by a State in
accordance with chapter 85 of that
title;
(ii) a company providing transportation
services using a bus characterized by an elevated
passenger deck located over a baggage compartment
(commonly known as an ``over-the-road bus''),
including local and intercity fixed-route service,
commuter service, and charter or tour service
(including tour or excursion service that includes
features in addition to bus transportation, such
as meals, lodging, admission to points of interest
or special attractions, or the services of a
guide);
(iii) a company providing transportation
services using a school bus (as defined in section
571.3 of title 49, Code of Federal Regulations (or
successor regulations)); or
(iv) <<NOTE: Consultation. Determination.>>
any other passenger transportation service company
subject to regulation by the Department of
Transportation as the Secretary, in consultation
with the Secretary of Transportation, determines
to be appropriate.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated to provide grants to eligible
providers of transportation services under this section, $2,000,000,000
for fiscal year 2021, to remain available until expended.
(c) Provision of Assistance.--
(1) <<NOTE: Consultation. Grants. Certification.>> In
general.--The Secretary, in consultation with the Secretary of
Transportation, shall use the amounts made available under
subsection (b) to provide grants to eligible providers of
transportation services described in paragraph (2) that certify
to the Secretary that the providers of transportation services
have experienced a revenue loss of 25 percent or more, on an
annual basis, as a direct or indirect result of COVID-19.
(2) Description of eligible providers of transportation
services.--
(A) In general.--An eligible provider of
transportation services referred to in paragraph (1)
is--
(i) <<NOTE: Effective date.>> a provider of
transportation services that, on March 1, 2020--
[[Page 134 STAT. 2064]]
(I) had 500 or fewer full-time,
part-time, or temporary employees; and
(II) was not a subsidiary, parent,
or affiliate of any other entity with a
combined total workforce of more than
500 full-time, part-time, or temporary
employees; or
(ii) a provider of transportation services
that--
(I) on March 1, 2020, had more than
500 full-time, part-time, or temporary
employees; and
(II) has not received assistance
under paragraph (1), (2), or (3) of
section 4003(b), or subtitle B of title
IV of division A, of the Coronavirus
Aid, Relief, and Economic Security Act
(Public Law 116-136; 134 Stat. 281).
(B) Scope of eligibility for certain companies.--
(i) In general.--A provider of transportation
services that has entered into or maintains a
contract or agreement described in clause (ii)
shall not be determined to be ineligible for
assistance under this subsection on the basis of
that contract or agreement, subject to clause
(iv).
(ii) Contract or agreement described.--A
contract or agreement referred to in clause (i) is
a contract or agreement for transportation
services that is supported by a public entity
using funds received under the Emergency
Appropriations for Coronavirus Health Response and
Agency Operations (division B of Public Law 116-
136; 134 Stat. 505).
(iii) Adjustment of assistance.--The Secretary
may reduce the amount of assistance available
under this subsection to a provider of
transportation services described in clause (i)
based on the amount of funds provided under this
section or the Emergency Appropriations for
Coronavirus Health Response and Agency Operations
(division B of Public Law 116-136; 134 Stat. 505)
that have supported a contract or agreement
described in clause (ii) to which the provider of
transportation services is a party.
(iv) Notice requirement.--A provider of
transportation services that has entered into or
maintains a contract or agreement described in
clause (ii), and that applies for assistance under
this subsection, shall submit to the Secretary a
notice describing the contract or agreement,
including the amount of funds provided for the
contract or agreement under this subsection or the
Emergency Appropriations for Coronavirus Health
Response and Agency Operations (division B of
Public Law 116-136; 134 Stat. 505).
(3) Amount.--
(A) <<NOTE: Determination.>> Factors for
consideration.--In determining the amount of assistance
to be provided to an eligible provider of transportation
services under this subsection, the Secretary shall take
into consideration information provided by the provider
of transportation services, including--
(i) the amount of debt owed by the provider of
transportation services on major equipment, if
any;
[[Page 134 STAT. 2065]]
(ii) other sources of Federal assistance
provided to the provider of transportation
services, if any; and
(iii) such other information as the Secretary
may require.
(B) Limitations.--
(i) Award.--The Secretary shall ensure that
the amount of assistance provided to a provider of
transportation services under this subsection,
when combined with any other Federal assistance
provided in response to COVID-19 under the
Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136; 134 Stat. 281), the Paycheck
Protection Program and Health Care Enhancement Act
(Public Law 116-139; 134 Stat. 620), or any other
provision of law, does not exceed the total amount
of revenue earned by the provider of
transportation services during calendar year 2019.
(ii) Certification.--A provider of
transportation services seeking assistance under
this subsection shall submit to the Secretary--
(I) <<NOTE: Records.>> documentation
describing the total amount of revenue
earned by the provider of transportation
services during calendar year 2019; and
(II) a certification that the amount
of assistance sought under this
subsection, when combined with any other
Federal assistance described in clause
(i), does not exceed the total amount of
revenue earned by the provider of
transportation services during calendar
year 2019.
(4) Form of assistance.--The amounts made available under
subsection (b) shall be provided to eligible providers of
transportation services in the form of grants.
(5) Equal access.--The Secretary shall ensure equal access
to the assistance provided under this section to eligible
providers of transportation services that are small, minority-
owned, and women-owned businesses.
(6) <<NOTE: Requirements.>> Conditions of receipt.--As a
condition of receipt of assistance under this subsection, the
Secretary shall require that a provider of transportation
services shall agree--
(A) subject to paragraph (7)--
(i) to commence using the funds, on a priority
basis and to the extent the funds are available,
to maintain through the applicable covered period,
expenditures on payroll costs for all employees as
of the date of enactment of this Act, after making
any adjustments required for--
(I) retirement; or
(II) voluntary employee separation;
(ii) not to impose, during the covered
period--
(I) any involuntary furlough; or
(II) any reduction in pay rates or
benefits for nonexecutive employees; and
(iii) <<NOTE: Recall date.>> to recall or
rehire any employees laid off, furloughed, or
terminated after March 27, 2020, to the extent
warranted by increased service levels;
(B) <<NOTE: Deadline.>> to return to the Secretary
any funds received under this subsection that are not
used by the provider of
[[Page 134 STAT. 2066]]
transportation services by the date that is 1 year after
the date of receipt of the funds; and
(C) <<NOTE: Time period.>> to examine the
anticipated expenditure of the funds by the provider of
transportation services for the purposes described in
subparagraph (A) not less frequently than once every 90
days after the date of receipt of the funds.
(7) Ramp-up period.--The requirement described in paragraph
(6)(A)(iii) shall not apply to a provider of transportation
services until the later of--
(A) the date that is 30 days after the date of
receipt of the funds; and
(B) the date that is 90 days after the date of
enactment of this Act.
(8) Additional conditions of certain receipts.--
(A) <<NOTE: Requirement.>> Prioritization of
payroll costs.--As a condition of receipt of a grant
under this subsection, the Secretary shall require that,
except as provided in subparagraph (B), a provider of
transportation services shall agree to use an amount
equal to not less than 60 percent of the funds on
payroll costs of the provider of transportation
services.
(B) <<NOTE: Certification.>> Exception.--
Subparagraph (A) shall not apply to a provider of
transportation services if the provider of
transportation services certifies to the Secretary that,
after making any adjustments required for retirement or
voluntary employee separation--
(i) <<NOTE: Effective date.>> each
nonseasonal employee on the payroll of the
provider of transportation services on January 1,
2020--
(I) if laid off, furloughed, or
terminated by the provider of
transportation services as described in
paragraph (6)(A)(iii), is rehired, or
has been offered rehire, by the provider
of transportation services; and
(II) if rehired under clause (i) or
subject to a reduction in salary before
the date of receipt by the provider of
transportation services of assistance
under this subsection, receives not less
than 100 percent of the previous salary
of the employee;
(ii) the provider of transportation services--
(I) is staffed at a level of full-
time equivalent, seasonal employees, on
a monthly basis, that is greater than or
equivalent to the level at which the
provider of transportation services was
staffed with full-time equivalent,
seasonal employees on a monthly basis
during calendar year 2019;
(II) is offering priority in
rehiring to seasonal employees that were
laid off, furloughed, terminated, or not
offered rehire in calendar year 2020, as
the provider of transportation services
achieves staffing at the level described
in subclause (I); and
(III) offers any seasonal employee
rehired under subclause (II) or subject
to a reduction in salary before the date
of receipt by the provider of
transportation services of assistance
under this
[[Page 134 STAT. 2067]]
subsection not less than 100 percent of
the previous salary of the employee; and
(iii) the provider of transportation services
will fully cover, through the applicable covered
period, all payroll costs associated with the
staffing requirements described in clauses (i) and
(ii).
(9) <<NOTE: Determination.>> Forms; terms and conditions.--
A grant provided under this section shall be in such form,
subject to such terms and conditions, and contain such
covenants, representations, warranties, and requirements
(including requirements for audits) as the Secretary determines
to be appropriate in accordance with this section.
(d) Eligible Activities.--
(1) In general.--Subject to the priority described in
subsection (c)(6)(A), a provider of transportation services
shall use assistance provided under subsection (c) only for--
(A) the payment of payroll costs;
(B) the acquisition of services, equipment,
including personal protective equipment, and other
measures needed to protect workers and customers from
COVID-19;
(C) continued operations and maintenance during the
applicable covered period of existing capital equipment
and facilities--
(i) including rent, leases, insurance, and
interest on regularly scheduled debt service; but
(ii) not including any prepayment of, or
payment of principal on, a debt obligation, except
for any principal on a debt obligation accrued by
the provider of transportation services directly
to maintain the expenditures of the provider of
transportation services on payroll costs
throughout the COVID-19 pandemic; or
(D) the compensation of returning employees for lost
pay and benefits during the COVID-19 pandemic, subject
to subsection (e).
(2) Eligibility.--The use of assistance provided under
subsection (c) for the compensation of returning employees under
paragraph (1)(D) shall be counted toward the required amount of
grants to be used on payroll costs under subsection (c)(6)(A).
(e) Compensation of Returning Employees.--Notwithstanding any other
provision of law, any compensation provided to a returning employee
under subsection (d)(1)(D)--
(1) shall be offset by--
(A) any amounts received by the employee from the
provider of transportation services as a result of the
layoff, furlough, or termination of the employee or any
failure to hire the employee for seasonal employment
during calendar year 2020, including--
(i) furlough pay;
(ii) severance pay; or
(iii) separation pay; and
(B) any amounts the employee received from
unemployment insurance; and
(2) shall not--
(A) be considered an overpayment for purposes of any
State or Federal unemployment law; or
[[Page 134 STAT. 2068]]
(B) be subject to any overpayment recovery efforts
by a State agency (as defined in section 205 of the
Federal-State Extended Unemployment Compensation Act of
1970 (U.S.C. 3304 note)).
(f) Administrative Provisions.--
(1) <<NOTE: Determination.>> In general.--The Secretary may
take such actions as the Secretary determines to be necessary to
carry out this section, including--
(A) using direct hiring authority to hire employees
to administer this section;
(B) entering into contracts, including contracts for
services authorized by this section; and
(C) issuing such regulations and other guidance as
may be necessary or appropriate to carry out the
purposes of this section.
(2) Administrative expenses.--Of the funds made available
under this section, not more than $50,000,000 may be used by the
Secretary for administrative expenses to carry out this section.
(3) Availability for obligation.--The funds made available
under this section shall remain available for obligation until
the date that is 3 years after the date of enactment of this
Act.
Subtitle <<NOTE: Motor Carrier Safety Grant Relief Act of 2020.>> C--
Motor Carrier Safety Grant Relief Act of 2020
SEC. <<NOTE: 49 USC 30101 note.>> 440. SHORT TITLE.
This subtitle may be cited as the ``Motor Carrier Safety Grant
Relief Act of 2020''.
SEC. <<NOTE: 49 USC 31102 note.>> 441. RELIEF FOR RECIPIENTS OF
FINANCIAL ASSISTANCE AWARDS FROM THE
FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Transportation.
(b) Relief for Recipients of Financial Assistance Awarded for Fiscal
Years 2019 and 2020.--
(1) In general.--Notwithstanding any provision of chapter
311 of title 49, United States Code (including any applicable
period of availability under section 31104(f) of that title),
and any regulations promulgated under that chapter and subject
to paragraph (2), the period of availability during which a
recipient may expend amounts made available to the recipient
under a grant or cooperative agreement described in
subparagraphs (A) through (E) shall be--
(A) for a grant made under section 31102 of that
title (other than subsection (l) of that section)--
(i) the fiscal year in which the Secretary
approves the financial assistance agreement with
respect to the grant; and
(ii) the following 2 fiscal years;
(B) for a grant made or a cooperative agreement
entered into under section 31102(l)(2) of that title--
[[Page 134 STAT. 2069]]
(i) the fiscal year in which the Secretary
approves the financial assistance agreement with
respect to the grant or cooperative agreement; and
(ii) the following 3 fiscal years;
(C) for a grant made under section 31102(l)(3) of
that title--
(i) the fiscal year in which the Secretary
approves the financial assistance agreement with
respect to the grant; and
(ii) the following 5 fiscal years;
(D) for a grant made under section 31103 of that
title--
(i) the fiscal year in which the Secretary
approves the financial assistance agreement with
respect to the grant; and
(ii) the following 2 fiscal years; and
(E) for a grant made or a cooperative agreement
entered into under section 31313 of that title--
(i) the year in which the Secretary approves
the financial assistance agreement with respect to
the grant or cooperative agreement; and
(ii) the following 5 fiscal years.
(2) Applicability.--
(A) Amounts awarded for fiscal years 2019 and
2020.--The periods of availability described in
paragraph (1) shall apply only--
(i) to amounts awarded for fiscal year 2019 or
2020 under a grant or cooperative agreement
described in subparagraphs (A) through (E) of that
paragraph; and
(ii) for the purpose of expanding the period
of availability during which the recipient may
expend the amounts described in clause (i).
(B) Amounts awarded for other years.--The periods of
availability described in paragraph (1) shall not apply
to any amounts awarded under a grant or cooperative
agreement described in subparagraphs (A) through (E) of
that paragraph for any fiscal year other than fiscal
year 2019 or 2020, and those amounts shall be subject to
the period of availability otherwise applicable to those
amounts under Federal law.
Subtitle D--Extension of Waiver Authority
SEC. <<NOTE: 23 USC 401 note.>> 442. EXTENSION OF WAIVER
AUTHORITY.
Notwithstanding any other provision of law, in fiscal year 2021, the
Secretary of Transportation may exercise the authority provided by
section 22005 of division B of the CARES Act (23 U.S.C. 401 note; Public
Law 116-136).
TITLE V--BANKING
Subtitle A--Emergency Rental Assistance
SEC. <<NOTE: 15 USC 9058a.>> 501. EMERGENCY RENTAL ASSISTANCE.
(a) Appropriation.--
[[Page 134 STAT. 2070]]
(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated
for making payments to eligible grantees under this section,
$25,000,000,000 for fiscal year 2021.
(2) Reservation of funds for the territories and tribal
communities.--Of the amount appropriated under paragraph (1),
the Secretary shall reserve--
(A) $400,000,000 of such amount for making payments
under this section to the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa; and
(B) $800,000,000 of such amount for making payments
under this section to eligible grantees described in
subparagraphs (C) and (D) of subsection (k)(2); and
(C) $15,000,000 for administrative expenses of the
Secretary described in subsection (h).
(b) Payments for Rental Assistance.--
(1) Allocation and payments to states and units of local
government.--
(A) In general.--The amount appropriated under
paragraph (1) of subsection (a) that remains after the
application of paragraph (2) of such subsection shall be
allocated and paid to eligible grantees described in
subparagraph (B) in the same manner as the amount
appropriated under subsection (a)(1) of section 601 of
the Social Security Act (42 U.S.C. 801) is allocated and
paid to States and units of local government under
subsections (b) and (c) of such section, and shall be
subject to the same requirements, except that--
(i) <<NOTE: Deadline.>> the deadline for
payments under section 601(b)(1) of such Act
shall, for purposes of payments under this
section, be deemed to be not later than 30 days
after the date of enactment of this section;
(ii) the amount referred to in paragraph (3)
of section 601(c) of such Act shall be deemed to
be the amount appropriated under paragraph (1) of
subsection (a) of this Act that remains after the
application of paragraph (2) of such subsection;
(iii) <<NOTE: Applicability.>> section 601(c)
of the Social Security Act shall be applied--
(I) by substituting ``1 of the 50
States or the District of Columbia'' for
``1 of the 50 States'' each place it
appears;
(II) in paragraph (2)(A), by
substituting `` $200,000,000'' for ``
$1,250,000,000'';
(III) in paragraph (2)(B), by
substituting ``each of the 50 States and
District of Columbia'' for ``each of the
50 States'';
(IV) in paragraph (4), by
substituting ``excluding the
Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana
Islands, and American Samoa'' for
``excluding the District of Columbia and
territories specified in subsection
(a)(2)(A)''; and
(V) without regard to paragraph (6);
[[Page 134 STAT. 2071]]
(iv) section 601(d) of such Act shall not
apply to such payments; and
(v) <<NOTE: Applicability.>> section 601(e)
shall be applied --
(I) by substituting ``under section
501 of subtitle A of title V of division
N of the Consolidated Appropriations
Act, 2021'' for ``under this section'';
and
(II) by substituting ``local
government elects to receive funds from
the Secretary under section 501 of
subtitle A of title V of division N of
the Consolidated Appropriations Act,
2021 and will use the funds in a manner
consistent with such section'' for
``local government's proposed uses of
the funds are consistent with subsection
(d)''.
(B) Eligible grantees described.--The eligible
grantees described in this subparagraph are the
following:
(i) A State that is 1 of the 50 States or the
District of Columbia.
(ii) A unit of local government located in a
State described in clause (i).
(2) Allocation and payments to tribal communities.--
(A) In general.--From the amount reserved under
subsection (a)(2)(B), the Secretary shall--
(i) pay the amount equal to 0.3 percent of
such amount to the Department of Hawaiian Home
Lands; and
(ii) <<NOTE: Determination. Deadline.>>
subject to subparagraph (B), from the remainder of
such amount, allocate and pay to each Indian tribe
(or, if applicable, the tribally designated
housing entity of an Indian tribe) that was
eligible for a grant under title I of the Native
American Housing Assistance and Self-Determination
Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.) for
fiscal year 2020 an amount that bears the same
proportion to the such remainder as the amount
each such Indian tribe (or entity) was eligible to
receive for such fiscal year from the amount
appropriated under paragraph (1) under the heading
``native american programs'' under the heading
``Public and Indian Housing'' of title II of
division H of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) to
carry out the Native American Housing Block Grants
program bears to the amount appropriated under
such paragraph for such fiscal year, provided the
Secretary shall be authorized to allocate, in an
equitable manner as determined by the Secretary,
and pay any Indian tribe that opted out of
receiving a grant allocation under the Native
American Housing Block Grants program formula in
fiscal year 2020, including by establishing a
minimum amount of payments to such Indian tribe,
provided such Indian tribe notifies the Secretary
not later than 30 days after the date of enactment
of this Act that it intends to receive allocations
and payments under this section.
(B) Pro rata adjustment; distribution of declined
funds.--
[[Page 134 STAT. 2072]]
(i) Pro rata adjustments.--The Secretary shall
make pro rata reductions in the amounts of the
allocations determined under clause (ii) of
subparagraph (A) for entities described in such
clause as necessary to ensure that the total
amount of payments made pursuant to such clause
does not exceed the remainder amount described in
such clause.
(ii) <<NOTE: Determination. Deadlines.>>
Distribution of declined funds.--If the Secretary
determines as of 30 days after the date of
enactment of this Act that an entity described in
clause (ii) of subparagraph (A) has declined to
receive its full allocation under such clause
then, not later than 15 days after such date, the
Secretary shall redistribute, on a pro rata basis,
such allocation among the other entities described
in such clause that have not declined to receive
their allocations.
(3) Allocations and payments to territories.--
(A) In general.--From the amount reserved under
subsection (a)(2)(A), subject to subparagraph (B), the
Secretary shall allocate and pay to each eligible
grantee described in subparagraph (C) an amount equal to
the product of--
(i) the amount so reserved; and
(ii) <<NOTE: Determination.>> each such
eligible grantee's share of the combined total
population of all such eligible grantees, as
determined by the Secretary.
(B) Allocation adjustment.--
(i) Requirement.--The sum of the amounts
allocated under subparagraph (A) to all of the
eligible grantees described in clause (ii) of
subparagraph (C) shall not be less than the amount
equal to 0.3 percent of the amount appropriated
under subsection (a)(1).
(ii) Reduction.--The Secretary shall reduce
the amount of the allocation determined under
subparagraph (A) for the eligible grantee
described in clause (i) of subparagraph (C) as
necessary to meet the requirement of clause (i).
(C) Eligible grantees described.--The eligible
grantees described in this subparagraph are--
(i) the Commonwealth of Puerto Rico; and
(ii) the United States Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands,
and American Samoa.
(c) Use of Funds.--
(1) In general.--An eligible grantee shall only use the
funds provided from a payment made under this section to provide
financial assistance and housing stability services to eligible
households.
(2) Financial assistance.--
(A) In general.--Not less than 90 percent of the
funds received by an eligible grantee from a payment
made under this section shall be used to provide
financial assistance to eligible households, including
the payment of
(i) rent;
(ii) rental arrears;
(iii) utilities and home energy costs;
(iv) utilities and home energy costs arrears;
and
[[Page 134 STAT. 2073]]
(v) other expenses related to housing incurred
due, directly or indirectly, to the novel
coronavirus disease (COVID-19) outbreak, as
defined by the Secretary.
Such <<NOTE: Time periods.>> assistance shall be
provided for a period not to exceed 12 months except
that grantees may provide assistance for an additional 3
months only if necessary to ensure housing stability for
a household subject to the availability of funds.
(B) Limitation on assistance for prospective rent
payments.--
(i) <<NOTE: Time period.>> In general.--
Subject to the exception in clause (ii), an
eligible grantee shall not provide an eligible
household with financial assistance for
prospective rent payments for more than 3 months
based on any application by or on behalf of the
household.
(ii) Exception.--For any eligible household
described in clause (i), such household may
receive financial assistance for prospective rent
payments for additional months:
(I) subject to the availability of
remaining funds currently allocated to
the eligible grantee, and
(II) based on a subsequent
application for additional financial
assistance provided that the total
months of financial assistance provided
to the household do not exceed the total
months of assistance allowed under
subparagraph (A).
(iii) Further limitation.--To the extent that
applicants have rental arrears, grantees may not
make commitments for prospective rent payments
unless they have also provided assistance to
reduce an eligible household's rental arrears.
(C) Distribution of financial assistance.--
(i) Payments.--
(I) In general.--With respect to
financial assistance for rent and rental
arrears and utilities and home energy
costs and utility and home energy costs
arrears provided to an eligible
household from a payment made under this
section, an eligible grantee shall make
payments to a lessor or utility provider
on behalf of the eligible household,
except that, if the lessor or utility
provider does not agree to accept such
payment from the grantee after outreach
to the lessor or utility provider by the
grantee, the grantee may make such
payments directly to the eligible
household for the purpose of making
payments to the lessor or utility
provider.
(II) Rule of construction.--Nothing
in this section shall be construed to
invalidate any otherwise legitimate
grounds for eviction.
(ii) Documentation.--For any payments made by
an eligible grantee to a lessor or utility
provider on behalf of an eligible household, the
eligible grantee shall provide documentation of
such payments to such household.
[[Page 134 STAT. 2074]]
(3) Housing stability services.--Not more than 10 percent of
funds received by an eligible grantee from a payment made under
this section may be used to provide eligible households with
case management and other services related to the novel
coronavirus disease (COVID-19) outbreak, as defined by the
Secretary, intended to help keep households stably housed.
(4) Prioritization of assistance.--
(A) In reviewing applications for financial
assistance and housing stability services to eligible
households from a payment made under this section, an
eligible grantee shall prioritize consideration of the
applications of an eligible household that satisfies any
of the following conditions:
(i) The income of the household does not
exceed 50 percent of the area median income for
the household.
(ii) <<NOTE: Time period.>> 1 or more
individuals within the household are unemployed as
of the date of the application for assistance and
have not been employed for the 90-day period
preceding such date.
(B) Nothing in this section shall be construed to
prohibit an eligible grantee from providing a process
for the further prioritizing of applications for
financial assistance and housing stability services from
a payment made under this section, including to eligible
households in which 1 or more individuals within the
household were unable to reach their place of employment
or their place of employment was closed because of a
public health order imposed as a direct result of the
COVID-19 public health emergency.
(5) Administrative costs.--
(A) In general.--Not more than 10 percent of the
amount paid to an eligible grantee under this section
may be used for administrative costs attributable to
providing financial assistance and housing stability
services under paragraphs (2) and (3), respectively,
including for data collection and reporting requirements
related to such funds.
(B) No other administrative costs.--Amounts paid
under this section shall not be used for any
administrative costs other than to the extent allowed
under subparagraph (A).
(d) <<NOTE: Effective date. Determinations.>> Reallocation of
Unused Funds.--Beginning on September 30, 2021, the Secretary shall
recapture excess funds, as determined by the Secretary, not obligated by
a grantee for the purposes described under subsection (c) and the
Secretary shall reallocate and repay such amounts to eligible grantees
who, at the time of such reallocation, have obligated at least 65
percent of the amount originally allocated and paid to such grantee
under subsection (b)(1), only for the allowable uses described under
subsection (c). The amount of any such reallocation shall be determined
based on demonstrated need within a grantee's jurisdiction, as
determined by the Secretary.
(e) Availability.--
(1) In general.--Funds provided to an eligible grantee under
a payment made under this section shall remain available through
December 31, 2021.
[[Page 134 STAT. 2075]]
(2) Extension for funds provided pursuant to a reallocation
of unused funds.--For funds reallocated to an eligible grantee
pursuant to subsection (d), an eligible grantee may request,
subject to the approval of the Secretary, a 90-day extension of
the deadline established in paragraph (1).
(f) Application for Assistance by Landlords and Owners.--
(1) In general.--Subject to paragraph (2), nothing in this
section shall preclude a landlord or owner of a residential
dwelling from--
(A) assisting a renter of such dwelling in applying
for assistance from a payment made under this section;
or
(B) applying for such assistance on behalf of a
renter of such dwelling.
(2) Requirements for applications submitted on behalf of
tenants.--If a landlord or owner of a residential dwelling
submits an application for assistance from a payment made under
this section on behalf of a renter of such dwelling--
(A) the landlord must obtain the signature of the
tenant on such application, which may be documented
electronically;
(B) documentation of such application shall be
provided to the tenant by the landlord; and
(C) any payments received by the landlord from a
payment made under this section shall be used to satisfy
the tenant's rental obligations to the owner.
(g) Reporting Requirements.--
(1) <<NOTE: Consultation. Time period.>> In general.--The
Secretary, in consultation with the Secretary of Housing and
Urban Development, shall provide public reports not less
frequently than quarterly regarding the use of funds made
available under this section, which shall include, with respect
to each eligible grantee under this section, both for the past
quarter and over the period for which such funds are available--
(A) the number of eligible households that receive
assistance from such payments;
(B) the acceptance rate of applicants for
assistance;
(C) the type or types of assistance provided to each
eligible household;
(D) the average amount of funding provided per
eligible household receiving assistance;
(E) household income level, with such information
disaggregated for households with income that--
(i) does not exceed 30 percent of the area
median income for the household;
(ii) exceeds 30 percent but does not exceed 50
percent of the area median income for the
household; and
(iii) exceeds 50 percent but does not exceed
80 percent of area median income for the
household; and
(F) the average number of monthly rental or utility
payments that were covered by the funding amount that a
household received, as applicable.
(2) Disaggregation.--Each report under this subsection shall
disaggregate the information relating to households provided
under subparagraphs (A) through (F) of paragraph (1)
[[Page 134 STAT. 2076]]
by the gender, race, and ethnicity of the primary applicant for
assistance in such households.
(3) Alternative reporting requirements for certain
grantees.--The Secretary may establish alternative reporting
requirements for grantees described in subsection (b)(2).
(4) Privacy requirements.--
(A) In general.--Each eligible grantee that receives
a payment under this section shall establish data
privacy and security requirements for the information
described in paragraph (1) that--
(i) include appropriate measures to ensure
that the privacy of the individuals and households
is protected;
(ii) provide that the information, including
any personally identifiable information, is
collected and used only for the purpose of
submitting reports under paragraph (1); and
(iii) provide confidentiality protections for
data collected about any individuals who are
survivors of intimate partner violence, sexual
assault, or stalking.
(B) Statistical research.--
(i) In general.--The Secretary--
(I) may provide full and unredacted
information provided under subparagraphs
(A) through (F) of paragraph (1),
including personally identifiable
information, for statistical research
purposes in accordance with existing
law; and
(II) may collect and make available
for statistical research, at the census
tract level, information collected under
subparagraph (A).
(ii) Application of privacy requirements.--A
recipient of information under clause (i) shall
establish for such information the data privacy
and security requirements described in
subparagraph (A).
(5) Nonapplication of the paperwork reduction act.--
Subchapter I of chapter 35 of title 44, United States Code,
shall not apply to the collection of information for the
reporting or research requirements specified in this subsection.
(h) Administrative Expenses of the Secretary.--Of the funds
appropriated pursuant to subsection (a), not more than $15,000,000 may
be used for administrative expenses of the Secretary in administering
this section, including technical assistance to grantees in order to
facilitate effective use of funds provided under this section.
(i) Inspector General Oversight; Recoupment
(1) Oversight authority.--The Inspector General of the
Department of the Treasury shall conduct monitoring and
oversight of the receipt, disbursement, and use of funds made
available under this section.
(2) <<NOTE: Determination.>> Recoupment.--If the Inspector
General of the Department of the Treasury determines that a
State, Tribal government, or unit of local government has failed
to comply with subsection (c), the amount equal to the amount of
funds used in violation of such subsection shall be booked as a
debt of such entity owed to the Federal Government. Amounts
recovered under this subsection shall be deposited into the
general fund of the Treasury.
[[Page 134 STAT. 2077]]
(3) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated
to the Office of the Inspector General of the Department of the
Treasury, $6,500,000 to carry out oversight and recoupment
activities under this subsection. Amounts appropriated under the
preceding sentence shall remain available until expended.
(4) Authority of inspector general.--Nothing in this
subsection shall be construed to diminish the authority of any
Inspector General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.)
(j) Treatment of Assistance.--Assistance provided to a household
from a payment made under this section shall not be regarded as income
and shall not be regarded as a resource for purposes of determining the
eligibility of the household or any member of the household for benefits
or assistance, or the amount or extent of benefits or assistance, under
any Federal program or under any State or local program financed in
whole or in part with Federal funds.
(k) Definitions.--In this section:
(1) Area median income.--The term ``area median income''
means, with respect to a household, the median income for the
area in which the household is located, as determined by the
Secretary of Housing and Urban Development.
(2) Eligible grantee.--The term ``eligible grantee'' means
any of the following:
(A) A State (as defined in section 601(g)(4) of the
Social Security Act (42 U.S.C. 801(g)(4)).
(B) A unit of local government (as defined in
paragraph (5)).
(C) An Indian tribe or its tribally designated
housing entity (as such terms are defined in section 4
of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)) that was
eligible to receive a grant under title I of such Act
(25 U.S.C. 4111 et seq.) for fiscal year 2020 from the
amount appropriated under paragraph (1) under the
heading ``native american programs'' under the heading
``Public and Indian Housing'' of title II of division H
of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94) to carry out the Native American
Housing Block Grants program. For the avoidance of
doubt, the term Indian tribe shall include Alaska native
corporations established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(D) The Department of Hawaiian Homelands.
(3) Eligible household.--
(A) In general.--The term ``eligible household''
means a household of 1 or more individuals who are
obligated to pay rent on a residential dwelling and with
respect to which the eligible grantee involved
determines--
(i) that 1 or more individuals within the
household has
(I) qualified for unemployment
benefits or
(II) experienced a reduction in
household income, incurred significant
costs, or experienced other financial
hardship due, directly or indirectly,
[[Page 134 STAT. 2078]]
to the novel coronavirus disease (COVID-
19) outbreak, which the applicant shall
attest in writing;
(ii) that 1 or more individuals within the
household can demonstrate a risk of experiencing
homelessness or housing instability, which may
include--
(I) a past due utility or rent
notice or eviction notice;
(II) unsafe or unhealthy living
conditions; or
(III) any other evidence of such
risk, as determined by the eligible
grantee involved; and
(iii) the household has a household income
that is not more than 80 percent of the area
median income for the household.
(B) Exception.--To the extent feasible, an eligible
grantee shall ensure that any rental assistance provided
to an eligible household pursuant to funds made
available under this section is not duplicative of any
other Federally funded rental assistance provided to
such household.
(C) Income determination.--
(i) In determining the income of a household
for purposes of determining such household's
eligibility for assistance from a payment made
under this section (including for purposes of
subsection (c)(4)), the eligible grantee involved
shall consider either
(I) the household's total income for
calendar year 2020, or
(II) subject to clause (ii),
sufficient confirmation, as determined
by the Secretary, of the household's
monthly income at the time of
application for such assistance.
(ii) In the case of income determined under
subclause (II), the eligible grantee shall be
required to re-determine the eligibility of a
household's income after each such period of 3
months for which the household receives assistance
from a payment made under this section.
(4) Inspector general.--The term ``Inspector General'' means
the Inspector General of the Department of the Treasury.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(6) <<NOTE: Applicability.>> Unit of local government.--The
term ``unit of local government'' has the meaning given such
term in paragraph (2) of section 601(g) of the Social Security
Act (42 U.S.C. 801(g)), except that, in applying such term for
purposes of this section, such paragraph shall be applied by
substituting ``200,000'' for ``500,000''.
(l) Termination of Program.--The authority of an eligible grantee to
make new obligations to provide payments under subsection (c) shall
terminate on the date established in subsection (e) for that eligible
grantee. Amounts not expended in accordance with this section shall
revert to the Department of the Treasury.
SEC. <<NOTE: 42 USC 264 note.>> 502. EXTENSION OF EVICTION
MORATORIUM.
The order issued by the Centers for Disease Control and Prevention
under section 361 of the Public Health Service Act (42 U.S.C. 264),
entitled ``Temporary Halt in Residential Evictions To Prevent
[[Page 134 STAT. 2079]]
the Further Spread of COVID-19'' (85 Fed. Reg. 55292 (September 4, 2020)
is extended through January 31, 2021, notwithstanding the effective
dates specified in such Order.
Subtitle B--Community Development Investment
SEC. <<NOTE: 12 USC 4703a note.>> 520. PURPOSE.
The purpose of this subtitle is to establish emergency programs to
revitalize and provide long-term financial products and service
availability for, and provide investments in, low- and moderate-income
and minority communities that have disproportionately suffered from the
impacts of the COVID-19 pandemic.
SEC. <<NOTE: 12 USC 4703a note.>> 521. CONSIDERATIONS;
REQUIREMENTS FOR CREDITORS.
(a) In General.--In exercising the authorities under this subtitle
and the amendments made by this subtitle, the Secretary of the Treasury
shall take into consideration increasing the availability of affordable
credit for consumers, small businesses, and nonprofit organizations,
including for projects supporting affordable housing, community-serving
real estate, and other projects, that provide direct benefits to low-
and moderate-income communities, low-income and underserved individuals,
and minorities, that have disproportionately suffered from the health
and economic impacts of the COVID-19 pandemic.
(b) <<NOTE: Compliance.>> Requirement for Creditors.--Any creditor
participating in a program established under this subtitle or the
amendments made by this subtitle shall fully comply with all applicable
statutory and regulatory requirements relating to fair lending.
SEC. 522. CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY
IMPACTED BY THE COVID-19 PANDEMIC.
(a) In General.--The Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by
inserting after section 104 (12 U.S.C. 4703) the following:
``SEC. <<NOTE: 12 USC 4703a.>> 104A. CAPITAL INVESTMENTS FOR
NEIGHBORHOODS DISPROPORTIONATELY
IMPACTED BY THE COVID-19 PANDEMIC.
``(a) Definitions.--In this section--
``(1) the term `bank holding company' has the meaning given
the term in section 2 of the Bank Holding Company Act of 1956
(12 U.S.C. 1841);
``(2) the term `eligible institution' means any low- and
moderate-income community financial institution that is eligible
to participate in the Program;
``(3) the term `Emergency Capital Investment Fund' means the
Emergency Capital Investment Fund established under subsection
(b);
``(4) the term `low- and moderate-income community financial
institution' means any financial institution that is--
``(A)(i) a community development financial
institution; or
``(ii) a minority depository institution; and
[[Page 134 STAT. 2080]]
``(B)(i) an insured depository institution that is
not controlled by a bank holding company or savings and
loan holding company that is also an eligible
institution;
``(ii) a bank holding company;
``(iii) a savings and loan holding company; or
``(iv) a federally insured credit union;
``(5) the term `minority' means any Black American, Native
American, Hispanic American, Asian American, Native Alaskan,
Native Hawaiian, or Pacific Islander;
``(6) the term `minority depository institution' means an
entity that is--
``(A) a minority depository institution, as defined
in section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note); or
``(B) considered to be a minority depository
institution by--
``(i) the appropriate Federal banking agency;
or
``(ii) the National Credit Union
Administration, in the case of an insured credit
union; or
``(C) listed in the Federal Deposit Insurance
Corporation's Minority Depository Institutions List
published for the Third Quarter 2020.
``(7) the term `Program' means the Emergency Capital
Investment Program established under subsection (b);
``(8) the term `savings and loan holding company' has the
meaning given the term under section 10(a) of the Home Owners'
Loan Act (12 U.S.C. 1467a(a)); and
``(9) the `Secretary' means the Secretary of the Treasury.
``(b) Establishment.--
``(1) Fund established.--There is established in the
Treasury of the United States a fund to be known as the
`Emergency Capital Investment Fund', which shall be administered
by the Secretary.
``(2) Program authorized.--The Secretary is authorized to
establish an emergency program known as the `Emergency Capital
Investment Program' to support the efforts of low- and moderate-
income community financial institutions to, among other things,
provide loans, grants, and forbearance for small businesses,
minority-owned businesses, and consumers, especially in low-
income and underserved communities, including persistent poverty
counties, that may be disproportionately impacted by the
economic effects of the COVID-19 pandemic, by providing direct
and indirect capital investments in low- and moderate-income
community financial institutions consistent with this section.
``(c) Purchases.--
``(1) <<NOTE: Determination.>> In general.--Subject to
paragraph (2), the Emergency Capital Investment Fund shall be
available to the Secretary, without further appropriation or
fiscal year limitation, for the costs of purchases (including
commitments to purchase), and modifications of such purchases,
of preferred stock and other financial instruments from eligible
institutions on such terms and conditions as are determined by
the Secretary in accordance with this section.
``(2) Purchase limit.--The aggregate amount of purchases
pursuant to paragraph (1) may not exceed $9,000,000,000.
``(d) Application.--
[[Page 134 STAT. 2081]]
``(1) <<NOTE: Effective date. Deadline.>> Acceptance.--The
Secretary shall begin accepting applications for capital
investments under the Program not later than the end of the 30-
day period beginning on the date of enactment of this section.
``(2) <<NOTE: Determination.>> Consultation with
regulators.--For each eligible institution that applies to
receive a capital investment under the Program, the Secretary
shall consult with the appropriate Federal banking agency or the
National Credit Union Administration, as applicable, to
determine whether the eligible institution may receive such
capital investment.
``(3) Eligibility.--
``(A) In general.--Only low- and moderate-income
community financial institutions shall be eligible to
participate in the Program.
``(B) Additional criteria.--The Secretary may
establish additional criteria for participation by an
institution in the Program, as the Secretary may
determine appropriate in furtherance of the goals of the
Program.
``(4) Requirement to provide an emergency investment lending
plan for communities that may be disproportionately impacted by
the economic effects of the covid-19 pandemic.--
``(A) In general.--At the time that an applicant
submits an application to the Secretary for a capital
investment under the Program, the applicant shall
provide the Secretary, along with the appropriate
Federal banking agency or the National Credit Union
Administration, as applicable, an investment and lending
plan that--
``(i) demonstrates that not less than 30
percent of the lending of the applicant over the
past 2 fiscal years was made directly to low- and
moderate income borrowers, to borrowers that
create direct benefits for low- and moderate-
income populations, to other targeted populations
as defined by the Fund, or any combination
thereof, as measured by the total number and
dollar amount of loans;
``(ii) describes how the business strategy and
operating goals of the applicant will address
community development needs in communities that
may be disproportionately impacted by the economic
effects of COVID-19, which includes the needs of
small businesses, consumers, nonprofit
organizations, community development, and other
projects providing direct benefits to low- and
moderate-income communities, low-income
individuals, and minorities within the minority,
rural, and urban low-income and underserved areas
served by the applicant;
``(iii) includes a plan to provide community
outreach and communication, where appropriate;
``(iv) includes details on how the applicant
plans to expand or maintain significant lending or
investment activity in low- or moderate-income
minority communities, especially those that may be
disproportionately impacted by COVID-19 to
historically disadvantaged borrowers, and to
minorities that have significant unmet capital or
financial services needs.
[[Page 134 STAT. 2082]]
``(B) Documentation.--In the case of an applicant
that is certified as a community development financial
institution as of the date of enactment of this
subsection, for purposes of subparagraph (A)(i), the
Secretary may rely on documentation submitted by the
applicant to the Fund as part of certification
compliance reporting.
``(5) Incentives to increase lending and provide affordable
credit.--
``(A) Issuance and purchase of preferred stock.--An
eligible institution that the Secretary approves for
participation in the Program may issue to the Secretary,
and the Secretary may purchase from such institution,
preferred stock that--
``(i) <<NOTE: Deadline. Time period. Effective
date.>> provides that the preferred stock will--
``(I) be repaid not later than the
end of the 10-year period beginning on
the date of the capital investment under
the Program; or
``(II) at the end of such 10-year
period, be subject to such additional
terms as the Secretary shall prescribe,
which shall include a requirement that
the stock shall carry the highest
dividend or interest rate payable; and
``(ii) provides that the term and condition
described under clause (i) shall not apply if the
application of that term and condition would
adversely affect the capital treatment of the
stock under current or successor applicable
capital provisions compared to a capital
instrument with identical terms other than the
term and condition described under clause (i).
``(B) <<NOTE: Determination.>> Alternative
financial instruments.--If the Secretary determines that
an institution cannot feasibly issue preferred stock as
provided under subparagraph (A), such institution may
issue to the Secretary, and the Secretary may purchase
from such institution, a subordinated debt instrument
whose terms are, to the extent possible, consistent with
requirements under the Program applicable to the terms
of preferred stock issued by institutions participating
in the Program, with such adjustments as the Secretary
determines appropriate, including by taking into account
the tax treatment of payments made with respect to
securities issued by such eligible institution.
``(6) <<NOTE: Time periods.>> Requirements on preferred
stock and other financial instrument.--Any financial instrument
issued to the Secretary by a low- and moderate-income community
financial institution under the Program shall provide the
following:
``(A) No dividends, interest or other similar
required payments shall have a rate exceeding 2 percent
per annum for the first 10 years.
``(B) The annual required payment rate of dividends,
interest, or other similar payments of a low- and
moderate-income community financial institution shall be
adjusted downward as follows, based on lending by the
institution during the most recent annual period
compared to lending by the institution during the annual
period ending on September 30, 2020:
[[Page 134 STAT. 2083]]
``(i) No dividends, interest, or other similar
payments shall be due within the first 24-month
period after the capital investment by the
Secretary.
``(ii) If the amount of lending by the
institution within minority, rural, and urban low-
income and underserved communities and to low- and
moderate-income borrowers has increased in amount
between 200 percent and 400 percent of the amount
of the capital investment, the annual payment rate
shall not exceed 1.25 percent per annum.
``(iii) If the amount of lending by the
institution within minority, rural, and urban low-
income and underserved communities and to low- and
moderate-income borrowers has increased by more
than 400 percent of the capital investment, the
annual payment rate shall not exceed 0.5 percent
per annum.
``(7) <<NOTE: Time periods.>> Contingency of payments based
on certain financial criteria.--
``(A) Deferral.--Any annual payments under this
section shall be deferred in any quarter or payment
period if any of the following is true:
``(i) The low- and moderate-income community
institution fails to meet the Tier 1 capital ratio
or similar ratio as determined by the Secretary.
``(ii) The low- and moderate-income community
financial institution fails to achieve positive
net income for the quarter or payment period.
``(iii) The low- and moderate-income community
financial institution determines that the payment
would be detrimental to the financial health of
the institution and the Chief Executive Officer
and Chief Financial Officer of the institution
provide written notice, in a form reasonably
satisfactory to the Secretary, of such
determination and the basis thereof.
``(B) Testing during next payment period.--Any
annual payment that is deferred under this section
shall--
``(i) be tested against the metrics described
in subparagraph (A) at the beginning of the next
payment period; and
``(ii) continue to be deferred until the
metrics described in that subparagraph are no
longer applicable.
``(8) Requirements in connection with failure to satisfy
program goals.-- <<NOTE: Determination.>> Any financial
instrument issued to the Secretary by a low- and moderate-income
community financial institution under the Program may include
such additional terms and conditions as the Secretary determines
may be appropriate to provide the holders with rights in the
event that such institution fails to satisfy applicable
requirements under the Program or to protect the interests of
the Federal Government.
``(e) Restrictions.--
``(1) In general.--Each low- and moderate-income community
financial institution may only issue financial instruments or
senior preferred stock under this subsection with an aggregate
principal amount (or comparable amount) that is--
``(A) not more than $250,000,000; and
[[Page 134 STAT. 2084]]
``(B)(i) not more than 7.5 percent of total assets
for an institution with assets of more than
$2,000,000,000;
``(ii) not more than 15 percent of total assets for
an institution with assets of not less than $500,000,000
and not more than $2,000,000,000; and
``(iii) not more than 22.5 percent of total assets
for an institution with assets of less than
$500,000,000.
``(2) Set-asides.--Of the amounts made available under
subsection (c)(2), not less than $4,000,000,000 shall be made
available for eligible institutions with total assets of not
more than $2,000,000,000 that timely apply to receive a capital
investment under the Program, of which not less than
$2,000,000,000 shall be made available for eligible institutions
with total assets of less than $500,000,000 that timely apply to
receive a capital investment under the Program.
``(3) Holding of instruments.--Holding any instrument of a
low- and moderate-income community financial institution
described in paragraph (1) shall not give the Secretary or any
successor that owns the instrument any rights over the
management of the institution in the ordinary course of
business.
``(4) Sale of interest.--
``(A) In general.--With respect to a capital
investment made into a low- and moderate-income
community financial institution under this section, the
Secretary--
``(i) <<NOTE: Determination.>> prior to any
sale of such capital investment to a third party,
shall provide the low- and moderate-income
community financial institution a right of first
refusal to buy back the investment under terms
that do not exceed a value as determined by an
independent third party;
``(ii) shall not sell more than 25 percent of
the outstanding equity interests of any
institution to a single third party without the
consent of such institution, which may not be
unreasonably withheld; and
``(iii) with the permission of the
institution, may transfer or sell the interest of
the Secretary in the capital investment for no
consideration or for a de minimis amount to a
mission aligned nonprofit affiliate of an
applicant that is an insured community development
financial institution.
``(B) Calculation of ownership for minority
depository institutions.--The calculation and
determination of ownership thresholds for a depository
institution to qualify as a minority depository
institution shall exclude any dilutive effect of equity
investments by the Federal Government, including under
the Program or through the Fund.
``(5) Repayment incentives.--The Secretary may establish
repayment incentives that will apply to capital investments
under the Program in a manner that the Secretary determines to
be consistent with the purposes of the Program.
``(f) Treatment of Capital Investments.--The Secretary shall seek to
establish the terms of preferred stock issued under the Program to
enable such preferred stock to receive Tier 1 capital treatment.
``(g) Outreach to Minority Communities.--The Secretary shall require
low- and moderate-income community financial
[[Page 134 STAT. 2085]]
institutions receiving capital investments under the Program to provide
community outreach and communication, where appropriate, describing the
availability and application process of receiving loans made possible by
the Program through organizations, trade associations, and individuals
that represent or work within or are members of minority communities.
``(h) Restrictions.--
``(1) <<NOTE: Deadline.>> In general.--Not later than the
end of the 30-day period beginning on the date of enactment of
this section, the Secretary shall issue rules setting
restrictions on executive compensation, share buybacks, and
dividend payments for recipients of capital investments under
the Program.
``(2) Conflicts of interest.--
``(A) Definitions.--In this paragraph:
``(i) Controlling interest.--The term
`controlling interest' means owning, controlling,
or holding not less than 20 percent, by vote or
value, of the outstanding amount of any class of
equity interest in an entity.
``(ii) Covered entity.--The term `covered
entity' means an entity in which a covered
individual directly or indirectly holds a
controlling interest. For the purpose of
determining whether an entity is a covered entity,
the securities owned, controlled, or held by 2 or
more individuals who are related as described in
clause (iii)(II) shall be aggregated.
``(iii) Covered individual.--The term `covered
individual' means--
``(I) the President, the Vice
President, the head of an Executive
department, or a Member of Congress; and
``(II) the spouse, child, son-in-
law, or daughter-in-law, as determined
under applicable common law, of an
individual described in subclause (i).
``(iv) Executive department.--The term
`Executive department' has the meaning given the
term in section 101 of title 5, United States
Code.
``(v) Member of congress.--The term `member of
Congress' means a member of the Senate or House of
Representatives, a Delegate to the House of
Representatives, and the Resident Commissioner
from Puerto Rico.
``(vi) Equity interest.--The term `equity
interest' means--
``(I) a share in an entity, without
regard to whether the share is--
``(aa) transferable; or
``(bb) classified as stock
or anything similar;
``(II) a capital or profit interest
in a limited liability company or
partnership; or
``(III) a warrant or right, other
than a right to convert, to purchase,
sell, or subscribe to a share or
interest described in subclause (I) or
(II), respectively.
``(B) Prohibition.--Notwithstanding any other
provision of this section, no covered entity may be
eligible for any investment made under the Program.
[[Page 134 STAT. 2086]]
``(C) <<NOTE: Certification.>> Requirement.--The
principal executive officer and the principal financial
officer, or individuals performing similar functions, of
an entity seeking to receive an investment made under
the Program shall, before that investment is approved,
certify to the Secretary and the appropriate Federal
banking agency or the National Credit Union
Administration, as applicable, that the entity is
eligible to receive the investment, including that the
entity is not a covered entity.
``(i) Ineligibility of Certain Institutions.--An institution shall
be ineligible to participate in the Program if such institution is
designated in Troubled Condition by the appropriate Federal banking
agency or the National Credit Union Administration, as applicable, or is
subject to a formal enforcement action with its primary Federal
regulator that addresses unsafe or unsound lending practices.
``(j) Termination of Investment Authority.--
``(1) In general.--The authority to make new capital
investments in low- and moderate-income community financial
institutions, including commitments to purchase preferred stock
or other instruments, provided under the Program shall terminate
on the date that is 6 months after the date on which the
national emergency concerning the novel coronavirus disease
(COVID-19) outbreak declared by the President on March 13, 2020
under the National Emergencies Act (50 U.S.C. 1601 et seq.)
terminates.
``(2) Rule of construction.--Nothing in this subsection may
be construed to limit any other authority of the Secretary not
described in paragraph (1).
``(k) Collection of Data.--Notwithstanding the Equal Credit
Opportunity Act (15 U.S.C. 1691 et seq.)--
``(1) any low- and moderate-income community financial
institution may collect data described in section 701(a)(1) of
that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
for credit for the sole purpose and exclusive use of monitoring
compliance under the plan required under subsection (d)(4); and
``(2) a low- and moderate-income community financial
institution that collects the data described in paragraph (1)
shall not be subject to adverse action related to that
collection by the Bureau of Consumer Financial Protection or any
other Federal agency.
``(l) Deposit of Funds.--All funds received by the Secretary in
connection with purchases made pursuant this section, including interest
payments, dividend payments, and proceeds from the sale of any financial
instrument, shall be deposited into the Fund and used to provide
financial and technical assistance pursuant to section 108, except that
subsection (e) of that section shall be waived.
``(m) Direct Appropriation.--There is appropriated, out of amounts
in the Treasury not otherwise appropriated, for fiscal year 2021,
$9,000,000,000, to remain available until expended and to be deposited
in the Emergency Capital Investment Fund, to carry out this section.
``(n) Administrative Expenses.--Funds appropriated pursuant to
subsection (m) may be used for administrative expenses, including the
costs of modifying such investments, and reasonable
[[Page 134 STAT. 2087]]
costs of administering the Program of making, holding, managing, and
selling the capital investments.
``(o) <<NOTE: Determination.>> Administrative Provisions.--The
Secretary may take such actions as the Secretary determines necessary to
carry out the authorities in this section, including the following:
``(1) The Secretary may use the services of any agency or
instrumentality of the United States or component thereof on a
reimbursable basis, and any such agency or instrumentality or
component thereof is authorized to provide services as requested
by the Secretary using all authorities vested in or delegated to
that agency, instrumentality, or component.
``(2) The Secretary may enter into contracts, including
contracts for services authorized by section 3109 of title 5,
United States Code.
``(3) The Secretary may designate any bank, savings
association, trust company, security broker or dealer, asset
manager, or investment adviser as a financial agent of the
Federal Government and such institution shall perform all such
reasonable duties related to this section as financial agent of
the Federal Government as may be required. The Secretary shall
have authority to amend existing agreements with financial
agents to perform reasonable duties related to this section.
``(4) The Secretary may exercise any rights received in
connection with any preferred stock or other financial
instruments or assets purchased or acquired pursuant to the
authorities granted under this section.
``(5) The Secretary may manage any assets purchased under
this section, including revenues and portfolio risks therefrom.
``(6) The Secretary may sell, dispose of, transfer, exchange
or enter into securities loans, repurchase transactions, or
other financial transactions in regard to, any preferred stock
or other financial instrument or asset purchased or acquired
under this section, upon terms and conditions and at a price
determined by the Secretary.
``(7) The Secretary may manage or prohibit conflicts of
interest that may arise in connection with the administration
and execution of the authorities provided under this section.
``(8) The Secretary may establish and use vehicles to
purchase, hold, and sell preferred stock or other financial
instruments and issue obligations.
``(9) The Secretary may issue such regulations and other
guidance as may be necessary or appropriate to define terms or
carry out the authorities or purposes of this section.
``(10) The Secretary is authorized to use direct hiring
authority to hire employees to administer this section.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Riegle Community Development and Regulatory
Improvement Act of 1994 <<NOTE: 108 Stat. 2160.>> is amended by
inserting after the item relating to section 104 the following:
``104A. Capital investments for neighborhoods disproportionately
impacted by the COVID-19 pandemic.''.
SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES RESPONDING
TO THE COVID-19 PANDEMIC.
(a) Direct Appropriation.--There is appropriated, out of amounts in
the Treasury not otherwise appropriated, for the fiscal
[[Page 134 STAT. 2088]]
year 2021, $3,000,000,000 under the heading ``<SUP>department</SUP> of</SUP>
treasury--community</SUP> development</SUP> financial</SUP> institutions</SUP>
fund</SUP> program</SUP> account,</SUP> emergency</SUP> support</SUP>''
to carry out this section, of which--
(1) up to $1,250,000,000, shall remain available until
September 30, 2021, to support, prepare for, and respond to the
economic impact of the coronavirus, provided that the Fund
shall--
(A) provide grants funded under this paragraph using
a formula that takes into account criteria such as
certification status, financial and compliance
performance, portfolio and balance sheet strength, a
diversity of CDFI business model types, and program
capacity, of which not less than $25,000,000 may be for
grants to benefit Native American, Native Hawaiian, and
Alaska Native communities; and
(B) make funds available under this paragraph not
later than 60 days after the date of enactment of this
Act; and
(2) up to $1,750,000,000, shall remain available until
expended, to provide grants to CDFIs to respond to the economic
impact of the COVID-19 pandemic--
(A) to expand lending, grant making, or investment
activity in low- or moderate-income minority communities
and to minorities that have significant unmet capital or
financial services needs;
(B) using criteria such as certification status,
financial and compliance performance, portfolio and
balance sheet strength, a diversity of CDFI business
model types, status as a minority lending institution,
and program capacity, as well as experience making loans
and investments to those areas and populations
identified in this paragraph; and
(C) of which up to $1,200,000,000, shall be for
providing financial assistance, technical assistance,
awards, training and outreach programs to recipients
that are minority lending institutions.
(b) Administrative Expenses.--Funds appropriated pursuant to
subsection (a) may be used for administrative expenses, including
administration of Fund programs and the New Markets Tax Credit Program
under section 45D of the Internal Revenue Code of 1986.
(c) Definitions.--In this section:
(1) CDFI.--The term ``CDFI'' means a community development
financial institution, as defined in section 103 of the
Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4702).
(2) Fund.--The term ``Fund'' means the Community Development
Financial Institutions Fund established under section 104(a) of
the Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4703(a)).
(3) Minority.--The term ``minority'' means any Black
American, Hispanic American, Asian American, Native American,
Native Alaskan, Native Hawaiian, or Pacific Islander.
(4) Minority lending institution.--The term ``minority
lending institution'' means a CDFI--
(A) with respect to which a majority of both the
number dollar volume of arm's-length, on-balance sheet
financial
[[Page 134 STAT. 2089]]
products of the CDFI are directed at minorities or
majority minority census tracts or equivalents; and
(B) that--
(i) is a minority depository institution, as
defined in section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act
of 1989 (12 U.S.C. 1463 note), or otherwise
considered to be a minority depository institution
by the appropriate Federal banking agency, as
defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813), or by the National
Credit Union Administration, as applicable; or
(ii) meets standards for accountability to
minority populations as determined by the
Administrator.
(d) Collection of Data.--With respect to a CDFI that receives funds
under this section, notwithstanding the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.)--
(1) the CDFI may collect data described in section 701(a)(1)
of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
for credit for the sole purpose and exclusive use to ensure that
targeted populations and low-income residents of investment
areas are adequately served; and
(2) the CDFI that collects the data described in paragraph
(1) shall not be subject to adverse action related to that
collection by the Bureau of Consumer Financial Protection or any
other Federal agency.
SEC. 524. <<NOTE: 12 USC 4703a note.>> INSPECTOR GENERAL
OVERSIGHT.
(a) In General.--The Inspector General of the Department of the
Treasury shall conduct, supervise, and coordinate audits and
investigations of any program established under this subtitle or the
amendments made by this subtitle.
(b) <<NOTE: Recommenda- tions.>> Reporting.--The Inspector General
of the Department of the Treasury shall submit to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Secretary of
the Treasury not less frequently than 2 times per year a report relating
to the oversight provided by the Office of the Inspector General,
including any recommendations for improvements to the programs described
in subsection (a).
SEC. 525. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS ON
LOW- AND MODERATE-INCOME AND MINORITY
COMMUNITIES.
(a) Study.--The Secretary of the Treasury shall conduct a study of
the impact of the programs established under this subtitle or any
amendment made by this subtitle on low- and moderate-income and minority
communities.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on the
results of the study conducted pursuant to subsection (a), which shall
include, to the extent possible, the results of the study disaggregated
by ethnic group.
(c) Information Provided to the Secretary.--Eligible institutions
that participate in any of the programs described in subsection (a)
shall provide the Secretary of the Treasury with
[[Page 134 STAT. 2090]]
such information as the Secretary may require to carry out the study
required by this section.
Subtitle C--Miscellaneous
SEC. 540. EXTENSIONS OF TEMPORARY RELIEF AND EMERGENCY
AUTHORITIES.
(a) In General.--Title IV of the CARES Act (15 U.S.C. 9041 et seq.)
is amended--
(1) in section 4014(b) (15 U.S.C. 9052(b))--
(A) in paragraph (1), by inserting ``the first day
of the fiscal year of the insured depository
institution, bank holding company, or any affiliate
thereof that begins after'' before ``the date''; and
(B) in paragraph (2), by striking ``December 31,
2020'' and inserting ``January 1, 2022''; and
(2) in section 4016(b)(2), by striking ``2020'' and
inserting ``2021''.
(b) Temporary Credit Union Provisions.--Section 307(a)(4)(A) of the
Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
SEC. 541. EXTENSION OF TEMPORARY RELIEF FROM TROUBLED DEBT
RESTRUCTURINGS AND INSURER
CLARIFICATION.
Section 4013 of the CARES Act (15 U.S.C. 9051) is amended--
(1) by inserting ``, including an insurance company,'' after
``institution'' each place the term appears;
(2) in subsection (a)(1), by striking ``December 31, 2020''
and inserting ``January 1, 2022'';
(3) in subsection (b)(1)(B), by inserting ``under United
States Generally Accepted Accounting Principles'' after
``purposes''; and
(4) in subsection (d)(1), by inserting ``, including
insurance companies,'' after ``institutions''.
SEC. 542. <<NOTE: 12 USC 1715n note.>> HEALTHCARE OPERATING LOSS
LOANS.
(a) Definitions.--In this section:
(1) Operating loss.--The term ``operating loss'' has the
meaning given the term in section 223(d) of the National Housing
Act (12 U.S.C. 1715n(d)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Authorization to Provide Mortgage Insurance.--Notwithstanding
any other provision of law, for fiscal years 2020 and 2021, in addition
to the authority provided to insure operating loss loans under section
223(d) of the National Housing Act (12 U.S.C. 1715n(d)), the Secretary
may insure or enter into commitments to ensure mortgages under such
section 223(d) with respect to healthcare facilities--
(1) insured under section 232 or section 242 of the National
Housing Act (12 U.S.C. 1715w, 1715z-7);
(2) that were financially sound immediately prior to the
President's March 13, 2020 Proclamation on Declaring a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19)
Outbreak;
(3) that have exhausted all other forms of assistance; and
[[Page 134 STAT. 2091]]
(4) subject to--
(A) the limitation for new commitments to guarantee
loans insured under the General and Special Risk
Insurance Funds under the heading ``General and Special
Risk Program Account'' for fiscal years 2020 and 2021;
and
(B) <<NOTE: Determination.>> the underwriting
parameters and other terms and conditions that the
Secretary determines appropriate through guidance.
(c) Amount of Loan.--After all other realized or reasonably
anticipated assistance (including reimbursements, loans, or other
payments from other Federal sources) are taken into account, a loan
insured under subsection (b) shall be in an amount not exceeding the
lesser of--
(1) the temporary losses or additional expenses incurred or
expected to be incurred by the healthcare facility as a result
of the impact of the circumstances giving rise to the
President's March 13, 2020 Proclamation on Declaring a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19)
Outbreak; or
(2) the amount expected to be needed to cover the sum of--
(A) 1 year of principal and interest payments for
the existing loans of the healthcare facility insured by
the Secretary;
(B) 1 year of principal and interest payments for
the loan pursuant to this section;
(C) 1 year of mortgage insurance premiums for the
loans described in subparagraphs (A) and (B);
(D) 1 year of monthly deposits to reserve accounts
required by the Secretary for the loans described in
subparagraphs (A) and (B);
(E) 1 year of property taxes and insurance for the
healthcare facility; and
(F) transaction costs, including legal fees, for the
loans described in subparagraphs (A) and (B).
TITLE VI--LABOR PROVISIONS
SEC. 601. <<NOTE: Time periods. 29 USC 3194 note.>> JOB CORPS
FLEXIBILITIES.
(a) <<NOTE: Applicability.>> Enrollment.--During the period
beginning on the date of enactment of this Act and ending when all
qualifying emergencies have expired, notwithstanding any other provision
of law, the requirements described in sections 145(a)(2)(A) and
152(b)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3195(a)(2)(A), 3202(b)(2)(B)) shall be applicable only for enrollees in
the Job Corps--
(1) participating on-site at a Job Corps center; or
(2) returning to on-site participation at a Job Corps center
after participating in distance learning.
(b) Eligibility.--During a qualifying emergency or the 1-year period
immediately following the expiration of the qualifying emergency, an
individual who would be older than the age of 24 on the date the
individual enrolls in the Job Corps is eligible to enroll in the Job
Corps, notwithstanding section 144(a)(1)(A) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as--
[[Page 134 STAT. 2092]]
(1) the individual applies for enrollment by the date that
is 6 months after the date of enactment of this Act, and is not
older than age 24 on the date of application; and
(2) the individual attains the age of 25 during the
qualifying emergency or the 1-year period immediately following
the expiration of the qualifying emergency.
(c) Qualifying Emergency Defined.--In this section, the term
``qualifying emergency'' has the meaning given the term in section
3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136).
TITLE VII--NUTRITION AND AGRICULTURE RELIEF
Subtitle A--Nutrition
CHAPTER 1--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
SEC. 701. <<NOTE: 7 USC 2011 note.>> DEFINITIONS.
In this chapter--
(1) Covid-19 public health emergency.--The term ``COVID-19
public health emergency'' means a public health emergency
declared or renewed by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) based on an outbreak of coronavirus disease 2019
(COVID-19).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Supplemental nutrition assistance program.--The term
``supplemental nutrition assistance program'' has the meaning
given such term in section 3(t) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(t)).
(4) SNAP.--The term ``SNAP'' refers to the supplemental
nutrition assistance program.
SEC. <<NOTE: 7 USC 2011 note.>> 702. SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM.
(a) <<NOTE: Effective date. Time period.>> Value of Benefits.--
Notwithstanding any other provision of law, beginning on January 1,
2021, and for each subsequent month through June 30, 2021, the value of
benefits determined under section 8(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 15 2017(a)) shall be calculated using 115 percent of the
June 2020 value of the thrifty food plan (as defined in section 3 of
such Act (7 U.S.C. 2012)) if the value of the benefits would be greater
under that calculation than in the absence of this subsection.
(b) Requirements for the Secretary.--In carrying out this section,
the Secretary shall--
(1) consider the benefit increases described in subsection
(a) to be a ``mass change'';
(2) <<NOTE: Notification.>> require a simple process for
States to notify households of the increase in benefits;
(3) <<NOTE: Applicability.>> consider section 16(c)(3)(A)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A))
to apply to any errors in the implementation of this section
without regard to the 120-day limit described in that section;
and
[[Page 134 STAT. 2093]]
(4) <<NOTE: Determination.>> disregard the additional
amount of benefits that a household receives as a result of this
section in determining the amount of overissuances under section
13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022).
(c) Administrative Expenses.--
(1) In general.--For the costs of State administrative
expenses associated with carrying out this section and
administering the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) during the COVID-19 public health emergency, the
Secretary shall make available $100,000,000 for fiscal year
2021.
(2) <<NOTE: Deadline.>> Timing.--Not later than 60 days
after the date of the enactment of this Act, the Secretary shall
make available to States amounts for fiscal year 2021 under
paragraph (1).
(3) Allocation of funds.--Funds described in paragraph (1)
shall be made available as grants to State agencies for fiscal
year 2021 as follows:
(A) 75 percent of the amounts available for fiscal
year 2021 shall be allocated to States based on the
share of each State of households that participate in
the supplemental nutrition assistance program as
reported to the Department of Agriculture for the most
recent 12-month period for which data are available,
adjusted by the Secretary (as of the date of the
enactment of this Act) for participation in disaster
programs under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)); and
(B) <<NOTE: Time period.>> 25 percent of the
amounts available for fiscal year 2021 shall be
allocated to States based on the increase in the number
of households that participate in the supplemental
nutrition assistance program as reported to the
Department of Agriculture over the most recent 12-month
period for which data are available, adjusted by the
Secretary (as of the date of the enactment of this Act)
for participation in disaster programs under section
5(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(h)).
(d) <<NOTE: Time period. Determination.>> Certain Exclusions From
Snap Income.--A Federal pandemic unemployment compensation payment made
to an individual under section 2104 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) shall not be regarded as
income and shall not be regarded as a resource for the month of receipt
and the following 9 months, for the purpose of determining eligibility
of such individual or any other individual for benefits or assistance,
or the amount of benefits or assistance, under any programs authorized
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(e) Provisions for Impacted Students.--
(1) <<NOTE: Deadline.>> In general.--Notwithstanding any
other provision of law, not later than 20 days after the date of
the enactment of this Act, eligibility for supplemental
nutrition assistance program benefits shall not be limited under
section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(e)) for an individual who--
(A) is enrolled at least half-time in an institution
of higher education; and
[[Page 134 STAT. 2094]]
(B)(i) is eligible to participate in a State or
federally financed work study program during the regular
school year as determined by the institution of higher
education; or
(ii) in the current academic year, has an expected
family contribution of $0 as determined in accordance
with part F of title IV of the Higher Education Act of
195 (20 U.S.C. 1087kk et. seq.).
(2) Sunset.--
(A) Initial applications.--The eligibility standards
authorized under paragraph (1) shall be in effect for
initial applications for the supplemental nutrition
assistance program until 30 days after the COVID-19
public health emergency is lifted.
(B) Recertifications.--The eligibility standards
authorized under paragraph (1) shall be in effect until
the first recertification of a household beginning no
earlier than 30 days after the COVID-19 public health
emergency is lifted.
(3) Guidance.--
(A) <<NOTE: Deadline.>> In general.--Not later than
10 days after the date of enactment of this Act, the
Secretary shall issue guidance to State agencies on the
temporary student eligibility requirements established
under this subsection.
(B) Coordination with the department of education.--
The <<NOTE: Consultation.>> Secretary of Education, in
consultation with the Secretary of Agriculture and
institutions of higher education, shall carry out
activities to inform applicants for Federal student
financial aid under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) and students at institutions of
higher education of the temporary student eligibility
requirements established under this subsection.
(f) Report.--Not later than July 31, 2021, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that accounts for both the redemption rate and account balances
for each month during the period specified in subsection (a).
(g) Limitation on Quality Control Waivers.--Section 4603(a)(2) of
the Continuing Appropriations Act, 2021 and Other Extensions Act (Public
Law 116-159) <<NOTE: 7 USC 2012 note.>> is amended by striking
``September 30, 2021'' and inserting ``June 30, 2021''.
(h) Funding.--There are hereby appropriated to the Secretary, out of
any money not otherwise appropriated, such sums as may be necessary to
carry out this section.
SEC. 703. <<NOTE: 7 USC 2016 note.>> ADDITIONAL ASSISTANCE FOR
SNAP ONLINE PURCHASING AND TECHNOLOGY
IMPROVEMENTS.
(a) <<NOTE: Deadline.>> Resources for SNAP Online Purchasing.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall provide--
(1) additional support for the Food and Nutrition Service to
conduct end-to-end testing in the online production environment;
and
(2) technical assistance to educate retailers on the process
and technical requirements for the online acceptance of SNAP
benefits and to support and expedite SNAP online purchasing.
[[Page 134 STAT. 2095]]
(b) Snap Online Purchasing Assistance for Direct-marketing Farmers
and Farmers' Markets.-- <<NOTE: Contracts.>> The Secretary, on a
competitive basis, shall enter into cooperative agreements with, or
provide grants to, not more than 5 eligible entities to build out
functionality, and provide assistance to direct-marketing farmers and
farmers' markets to accept SNAP benefits through online transactions.
(1) Selection priority.--The Secretary shall prioritize
eligible entities with experience building online purchasing
platforms for technology solutions for farmers' markets and
direct-marketing farmers.
(2) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means a nonprofit entity with
experience building online purchasing platforms or technology
solutions, or with experience working with commercial entities
that have experience building online purchasing platforms or
technology solutions.
(c) Issuance Innovation and Technology Improvement Support.--The
Secretary shall--
(1) <<NOTE: Review.>> review technological developments,
including developments related to security and privacy,
surrounding mobile payment technology, to support the mobile
technologies demonstration projects and the use of mobile
technologies authorized under section 7(k)(14) of the Food and
Nutrition Act of 2008; and
(2) test methods to modernize electronic benefit transfer
technology for the purpose of improving the security and
integrity of the electronic benefits transfer system.
(d) Report.--Not later than January 31, 2022, and annually
thereafter until all funds provided under subsection (e) have been
expended, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes--
(1) a description of the activities conducted under
subsections (a), (b), and (c);
(2) a description of any grants, cooperative agreements, or
contracts awarded under this section;
(3) <<NOTE: Analysis.>> an analysis of the technological
developments surrounding mobile payment technology; and
(4) <<NOTE: Summary.>> a summary of EBT modernization
testing results under subsection (c)(2).
(e) Funding.--
(1) Appropriations.--There is hereby appropriated to the
Secretary, out of any money in the Treasury not otherwise
appropriated, $5,000,000 to be available until expended to carry
out this section.
(2) Use of funds.--With respect to the funds appropriated
under paragraph (1), the Secretary shall use--
(A) not more than $1,000,000 for purposes described
in subsection (a); and
(B) not more than $1,000,000 for purposes described
in subsection (b).
SEC. 704. NUTRITION ASSISTANCE PROGRAMS.
In addition to amounts otherwise made available, $614,000,000, to
remain available through September 30, 2021, shall be available
[[Page 134 STAT. 2096]]
for the Secretary of Agriculture to provide grants to the Commonwealth
of the Northern Mariana Islands, Puerto Rico, and American Samoa for
nutrition assistance in response to a COVID-19 public health emergency,
of which $14,000,000 shall be available for the Commonwealth of the
Northern Mariana Islands.
CHAPTER 2--COMMODITY DISTRIBUTION PROGRAMS
SEC. 711. EMERGENCY FOOD ASSISTANCE PROGRAM.
For an additional amount for the ``Commodity Assistance Program''
for the emergency food assistance program as authorized by section 27(a)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(a)(1)), $400,000,000, to remain available through September 30,
2021: Provided, That of the funds made available in this section, the
Secretary may use up to 20 percent for costs associated with the
distribution of commodities.
SEC. 712. COMMODITY SUPPLEMENTAL ASSISTANCE PROGRAM.
In addition to amounts otherwise made available, $13,000,000, to
remain available through September 30, 2021, shall be available for the
Secretary of Agriculture for the Commodity Supplemental Food Program as
authorized by section 4(a) of the Agriculture and Consumer Protection
Act of 1973 (7 U.S.C. 612c note): Provided, That of the funds made
available in this section, up to 20 percent shall be available for State
administrative expenses.
CHAPTER 3--CHILD NUTRITION
SEC. 721. ASSISTANCE FOR CHILDREN IN CHILD CARE.
Section 1101 of the Families First Coronavirus Response Act (Public
Law 116-127; 7 U.S.C. 2011 note) is amended--
(1) in subsection (f), by amending paragraph (2) to read as
follows:
``(2) Simplifying assumptions for school year 2020-2021.--
For <<NOTE: Determination.>> purposes of this section, a State
agency may develop and use simplifying assumptions (including a
State or local public health ordinance developed in response to
COVID-19) and the best feasibly available data to determine the
status of a school or covered child care facility as opened,
closed, or operating with a reduced number of days or hours,
establish State or regionally-based benefits levels, identify
eligible children and children eligible for assistance under
subsection (h), and establish eligibility periods for eligible
children and children eligible for assistance under subsection
(h).''; and
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``or the area of
a child's residence'' after ``schools in the area of a
covered child care facility'';
(B) in paragraph (2), by inserting ``or for each day
that a school in the area of a covered child care
facility or the area of the child's residence is closed
or has reduced attendance or hours for at least 5
consecutive days'' before the period at the end; and
(C) by adding at the end the following:
``(4) Deemed population.--For purposes of an approved State
agency plan described in paragraph (1) or an approved
[[Page 134 STAT. 2097]]
amendment to such a plan described in such paragraph, the
Secretary of Agriculture shall deem any child who has not
attained the age of 6 as a child who is enrolled in a covered
child care facility.''; and
(3) in subsection (j), by inserting ``for State agencies,
other agencies of the State, local units, and schools'' after
``administrative expenses''.
SEC. 722. <<NOTE: 42 USC 1751 note.>> EMERGENCY COSTS FOR CHILD
NUTRITION PROGRAMS DURING COVID-19
PANDEMIC.
(a) Use of Certain Appropriations to Cover Emergency Operational
Costs Under School Meal Programs.--
(1) In general.--
(A) Required allotments.--Notwithstanding any other
provision of law, the Secretary shall allocate to each
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary to
carry out reimbursements under such paragraph for each
reimbursement month, including, subject to paragraph
(5)(B), administrative expenses necessary to make such
reimbursements.
(B) <<NOTE: Deadline.>> Guidance with respect to
program.--Not later than 30 days after the date of the
enactment of this section, the Secretary shall issue
guidance with respect to the reimbursement program under
paragraph (3).
(2) <<NOTE: Deadline. Plan.>> Reimbursement program
application.--To participate in the reimbursement program under
paragraph (3), not later than 30 days after the date described
in paragraph (1)(B), a State shall submit an application to the
Secretary that includes a plan to calculate and disburse
reimbursements under the reimbursement program under paragraph
(3).
(3) Reimbursement program.--Subject to paragraphs (4) and
(5)(D), using the amounts allocated under paragraph (1)(A), a
State participating in the reimbursement program under this
paragraph shall make reimbursements for emergency operational
costs for each reimbursement month as follows:
(A) For each new school food authority in the State
for the reimbursement month, an amount equal to 55
percent of the amount equal to--
(i) the average monthly amount such new school
food authority was reimbursed under the
reimbursement sections for meals and supplements
served by such new school food authority during
the alternate period; minus
(ii) the amount such new school food authority
was reimbursed under the reimbursement sections
for meals and supplements served by such new
school food authority during such reimbursement
month.
(B) For each school food authority not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of--
(i) the amount such school food authority was
reimbursed under the reimbursement sections for
meals and supplements served by such school food
authority for the month beginning one year before
such reimbursement month; minus
[[Page 134 STAT. 2098]]
(ii) the amount such school food authority was
reimbursed under the reimbursement sections for
meals and supplements served by such school food
authority during such reimbursement month.
(4) Special rules relating to reimbursement calculation.--
(A) Effect of negative number.--If a subtraction
performed under subparagraph (A) or (B) of paragraph (3)
results in a negative number, the reimbursement amount
calculated under such subparagraph shall equal zero.
(B) Special treatment of march, 2020.--In the case
of a reimbursement under subparagraph (A) or (B) of
paragraph (3) for the reimbursement month of March,
2020, the reimbursement amount shall be equal to the
amount determined under such a subparagraph for such
month, divided by 2.
(5) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until September
30, 2021.
(B) Administrative expenses.--A State may reserve
not more than 1 percent of the funds allocated under
paragraph (1)(A) for administrative expenses to carry
out this subsection.
(C) Unexpended balance.--On March 31, 2022, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a school food authority or new school food
authority under paragraph (3) that are unexpended by
such State, school food authority, or new school food
authority shall revert to the Secretary.
(D) Limitation on use of funds.--Funds allocated to
a State under paragraph (1)(A) may only be made
available to a school food authority or new school food
authority that--
(i) <<NOTE: Claims. Time period.>> submits a
claim to such State for meals, supplements, or
administrative costs with respect to a month
occurring during the period beginning September 1,
2020 and ending December 31, 2020; or
(ii) provides an assurance to such State that
the school food authority or new school food
authority will submit a claim to such State for
meals, supplements, or administrative costs with
respect to a month occurring during the first full
semester (or equivalent term) after the conclusion
of the public health emergency, as determined by
such State.
(6) <<NOTE: Summary.>> Reports.--Each State that carries
out a reimbursement program under paragraph (3) shall, not later
than March 31, 2022, submit a report to the Secretary that
includes a summary of the use of such funds by the State and
each school food authority and new school food authority in such
State.
(b) Use of Certain Appropriations to Cover Child and Adult Care Food
Program Child Care Operational Emergency Costs During COVID-19
Pandemic.--
(1) In general.--
(A) Required allotments.--Notwithstanding any other
provision of law, the Secretary shall allocate to each
[[Page 134 STAT. 2099]]
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary to
carry out reimbursements under such paragraph for each
reimbursement month, including, subject to paragraph
(5)(C), administrative expenses necessary to make such
reimbursements.
(B) <<NOTE: Deadline.>> Guidance with respect to
program.--Not later than 30 days after the date of the
enactment of this section, the Secretary shall issue
guidance with respect to the reimbursement program under
paragraph (3).
(2) <<NOTE: Deadline. Plan.>> Reimbursement program
application.--To participate in the reimbursement program under
paragraph (3), not later than 30 days after the date described
in paragraph (1)(B), a State shall submit an application to the
Secretary that includes a plan to calculate and disburse
reimbursements under the reimbursement program under paragraph
(3).
(3) Reimbursement amount.--Subject to paragraphs (4) and
(5)(E), using the amounts allocated under paragraph (1)(A), a
State participating in the reimbursement program under this
paragraph shall make reimbursements for child care operational
emergency costs for each reimbursement month as follows:
(A) For each new covered institution in the State
for the reimbursement month, an amount equal to 55
percent of--
(i) the average monthly amount such new
covered institution was reimbursed under
subsection (c) and subsection (f) of section 17 of
the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766) for meals and supplements served
by such new covered institution during the
alternate period; minus
(ii) the amount such new covered institution
was reimbursed under such section for meals and
supplements served by such new covered institution
during such reimbursement month.
(B) For each covered institution not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of--
(i) the amount such covered institution was
reimbursed under subsection (c) and subsection (f)
of section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) for meals and
supplements served by such covered institution
during the month beginning one year before such
reimbursement month; minus
(ii) the amount such covered institution was
reimbursed under such section for meals and
supplements served by such covered institution
during such reimbursement month.
(C) For each new sponsoring organization of a family
or group day care home in the State for the
reimbursement month, an amount equal to 55 percent of--
(i) the average monthly amount such new
sponsoring organization of a family or group day
care home was reimbursed under section 17(f)(3)(B)
of the Richard B. Russell National School Lunch
Act (42 U.S.C.
[[Page 134 STAT. 2100]]
1766(f)(3)(B)) for administrative funds for the
alternate period; minus
(ii) the amount such new sponsoring
organization of a family or group day care home
was reimbursed under such section for
administrative funds for the reimbursement month.
(D) For each sponsoring organization of a family or
group day care home not described in subparagraph (C) in
the State for the reimbursement month, an amount equal
to 55 percent of--
(i) the amount such sponsoring organization of
a family or group day care home was reimbursed
under section 17(f)(3)(B) of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(B)) for administrative funds for the
month beginning one year before such reimbursement
month; minus
(ii) the amount such sponsoring organization
of a family or group day care home was reimbursed
under such section for administrative funds for
such reimbursement month.
(4) Special rules relating to reimbursement calculation.--
(A) Effect of negative number.--If a subtraction
performed under subparagraph (A), (B), (C), or (D) of
paragraph (3) results in a negative number, the
reimbursement amount calculated under such subparagraph
shall equal zero.
(B) Special treatment of march, 2020.--In the case
of a reimbursement under subparagraph (A), (B), (C), or
(D) of paragraph (3) for the reimbursement month of
March, 2020, the reimbursement amount shall be equal to
the amount determined under such a subparagraph for such
month, divided by 2.
(5) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until September
30, 2021.
(B) Unaffiliated center.--In the case of a covered
institution or a new covered institution that is an
unaffiliated center that is sponsored by a sponsoring
organization and receives funds for a reimbursement
month under subparagraph (A) or (B) of paragraph (3),
such unaffiliated center shall provide to such
sponsoring organization an amount of such funds as
agreed to by the sponsoring organization and the
unaffiliated center, except such amount may not be
greater be than 15 percent of such funds.
(C) Administrative expenses.--A State may reserve
not more than 1 percent of the funds allocated under
paragraph (1)(A) for administrative expenses to carry
out this subsection.
(D) Unexpended balance.--On March 31, 2022, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a new covered institution, covered
institution, new sponsoring organization of a family or
group day care home, or sponsoring organization of a
family or group day care home that are unexpended by
such State,
[[Page 134 STAT. 2101]]
new covered institution, covered institution, new
sponsoring organization of a family or group day care
home, or sponsoring organization of a family or group
day care home, shall revert to the Secretary.
(E) Limitation on use of funds.--Funds allocated to
a State under paragraph (1)(A) may only be made
available to a new covered institution, covered
institution, new sponsoring organization of a family or
group day care home, or sponsoring organization of a
family or group day care home that--
(i) <<NOTE: Time period.>> submits a claim to
such State for meals, supplements, or
administrative costs with respect to a month
occurring during the period beginning September 1,
2020 and ending December 31, 2020; or
(ii) provides an assurance to such State that
the new covered institution, covered institution,
new sponsoring organization of a family or group
day care home, or sponsoring organization of a
family or group day care home will submit a claim
to such State for meals, supplements, or
administrative costs with respect to a month
occurring within 90 days after the conclusion of
the public health emergency.
(6) <<NOTE: Summary.>> Reports.--Each State that carries
out a reimbursement program under paragraph (3) shall, not later
than March 31, 2022, submit a report to the Secretary that
includes a summary of the use of such funds by the State and
each new covered institution, covered institution, new
sponsoring organization of a family or group day care home, or
sponsoring organization of a family or group day care home.
(c) Funding.--There are appropriated to the Secretary, out of any
funds in the Treasury not otherwise appropriated, such sums as are
necessary to carry out this section.
(d) Definitions.--In this section:
(1) Alternate period.--The term ``alternate period'' means
the period beginning January 1, 2020 and ending February 29,
2020.
(2) Emergency operational costs.--The term ``emergency
operational costs'' means the costs incurred by a school food
authority or new school food authority--
(A) during a public health emergency;
(B) that are related to the ongoing operation,
modified operation, or temporary suspension of operation
(including administrative costs) of such school food
authority or new school food authority; and
(C) except as provided under subsection (a), that
are not reimbursed under a Federal grant.
(3) Child care operational emergency costs.--The term
``child care operational emergency costs'' means the costs under
the child and adult care food program under section 17 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1766)
incurred by a new covered institution, covered institution, new
sponsoring organization of a family or group day care home, or
sponsoring organization of a family or group day care home--
(A) during a public health emergency;
(B) that are related to the ongoing operation,
modified operation, or temporary suspension of operation
(including
[[Page 134 STAT. 2102]]
administrative costs) of such new covered institution,
covered institution, new sponsoring organization of a
family or group day care home, sponsoring organization
of a family or group day care home, or sponsoring
organization of an unaffiliated center; and
(C) except as provided under subsection (b), that
are not reimbursed under a Federal grant.
(4) Covered institution.--The term ``covered institution''
means--
(A) an institution (as defined in section 17(a)(2)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766(a)(2))); and
(B) a family or group day care home.
(5) New covered institution.--The term ``new covered
institution'' means a covered institution for which no
reimbursements were made for meals and supplements under section
17(c) or (f) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766) with respect to the previous reimbursement
period.
(6) New school food authority.--The term ``new school food
authority'' means a school food authority for which no
reimbursements were made under the reimbursement sections with
respect to the previous reimbursement period.
(7) New sponsoring organization of a family or group day
care.--The term ``new sponsoring organization of a family or
group day care'' means a sponsoring organization of a family or
group day care home for which no reimbursements for
administrative funds were made under section 17(f)(3)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(B)) for the previous reimbursement period.
(8) Previous reimbursement period.--The term ``previous
reimbursement period'' means the period beginning March 1, 2019
and ending June 30, 2019.
(9) Public health emergency.--The term ``public health
emergency'' means a public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d)
resulting from the COVID-19 pandemic or any renewal of such
declaration pursuant to such section 319.
(10) Reimbursement month.--The term ``reimbursement month''
means March 2020, April 2020, May 2020, and June 2020.
(11) Reimbursement sections.--The term ``reimbursement
sections'' means--
(A) section 4(b), section 11(a)(2), section 13, and
section 17A(c) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42
U.S.C. 1761; 42 U.S.C. 1766a(c)); and
(B) section 4 of the Child Nutrition Act (42 U.S.C.
1773).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) State.-- The term ``State'' has the meaning given such
term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).
[[Page 134 STAT. 2103]]
SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIVERY IN THE SPECIAL
SUPPLEMENTAL NUTRITION PROGRAM.
(a) <<NOTE: Deadline.>> Establishment of Task Force.--Not later
than 90 days after the date of the enactment of this section, the
Secretary shall establish a task force on supplemental foods delivery in
the special supplemental nutrition program (in this section referred to
as the ``Task Force'').
(b) Membership.--
(1) Composition.--The Task Force shall be composed of at
least 1 member but not more than 3 members appointed by the
Secretary from each of the following:
(A) Retailers of supplemental foods.
(B) Representatives of State agencies.
(C) Representatives of Indian State agencies.
(D) Representatives of local agencies.
(E) Technology companies with experience maintaining
the special supplemental nutrition program information
systems and technology, including management information
systems or electronic benefit transfer services.
(F) Manufacturers of supplemental foods, including
infant formula.
(G) Participants in the special supplemental
nutrition program from diverse locations.
(H) Other organizations that have experience with
and knowledge of the special supplemental nutrition
program.
(2) Limitation on membership.--The Task Force shall be
composed of not more than 20 members.
(c) Duties.--
(1) Study.--The Task Force shall study measures to
streamline the redemption of supplemental foods benefits that
promote convenience, safety, and equitable access to
supplemental foods, including infant formula, for participants
in the special supplemental nutrition program, including--
(A) online and telephonic ordering and curbside
pickup of, and payment for, supplemental foods;
(B) online and telephonic purchasing of supplemental
foods;
(C) home delivery of supplemental foods;
(D) self checkout for purchases of supplemental
foods; and
(E) other measures that limit or eliminate consumer
presence in a physical store.
(2) Report by task force.--Not later than September 30,
2021, the Task Force shall submit to the Secretary a report that
includes--
(A) the results of the study required under
paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> recommendations
with respect to such results.
(3) Report by secretary.--Not later than 45 days after
receiving the report required under paragraph (2), the Secretary
shall--
(A) submit to Congress a report that includes--
(i) <<NOTE: Plan.>> a plan with respect to
carrying out the recommendations received by the
Secretary in such report under paragraph (2); and
(ii) <<NOTE: Assessment.>> an assessment of
whether legislative changes are necessary to carry
out such plan; and
[[Page 134 STAT. 2104]]
(B) <<NOTE: Notification.>> notify the Task Force
of the submission of the report required under
subparagraph (A).
(4) <<NOTE: Web posting.>> Publication.--The Secretary
shall make publicly available on the website of the Department
of Agriculture--
(A) the report received by the Secretary under
paragraph (2); and
(B) the report submitted by the Secretary under
paragraph (3)(A).
(d) Termination.--The Task Force shall terminate on the date the
Secretary submits the report required under paragraph (3)(A).
(e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Task Force.
(f) Definitions.--In this section:
(1) Local agency.--The term ``local agency'' has the meaning
given the term in section 17(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special supplemental nutrition program.--The term
``special supplemental nutrition program'' means the special
supplemental nutrition program under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
(4) State agency.--The term ``State agency'' has the meaning
given the term in section 17(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b)).
(5) Supplemental foods.--The term ``supplemental foods'' has
the meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
CHAPTER 4--OTHER MATTERS
SEC. 731. AGING AND DISABILITY SERVICES PROGRAMS.
For an additional amount for nutrition services under the Older
Americans Act of 1965, $175,000,000: Provided, That of the amount made
available under this heading in this Act, $168,000,000 shall be for
subparts 1 and 2 of part C of title III of such Act and $7,000,000 shall
be for nutrition services under title VI of such Act: Provided further,
That State matching requirements under sections 304(d)(1)(D) and
309(b)(2) of such Act shall not apply to funds made available under this
heading.
SEC. 732. NUTRITION SERVICES UNDER OLDER AMERICANS ACT.
(a) Nutrition Services Transfer Criteria.--With respect to funds
appropriated under paragraph (1) or (2) of section 303(b) of the Older
Americans Act of 1965 (42 U.S.C. 3023(b)) received by a State for fiscal
year 2021, the Secretary shall allow a State agency or an area agency on
aging, without prior approval, to transfer not more than 100 percent of
the funds received, notwithstanding the limitation on transfer authority
provided in subparagraph (A) of section 308(b)(4) of the Older Americans
Act of 1965 (42 U.S.C. 3028(b)(4)) and without regard to subparagraph
(B) of such section, by the State agency or area agency on aging,
respectively, and attributable to funds appropriated under paragraph (1)
or (2) of section 303(b) of such Act, between subpart 1 and subpart 2 of
part C (42 U.S.C. 3030d-2 et seq.) for such use as the State agency or
area agency on aging, respectively, considers appropriate to meet the
needs of the State or area served.
[[Page 134 STAT. 2105]]
(b) <<NOTE: Determination. 42 USC 3030g note.>> Home-delivered
Nutrition Services Waiver.--For purposes of determining eligibility for
the delivery of nutrition services under section 337 of the Older
Americans Act of 1965 (42 U.S.C. 3030g), with funds received by a State
under the Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) for
fiscal 2021, the State shall treat an older individual who is unable to
obtain nutrition because the individual is practicing social distancing
due to the public health emergency in the same manner as the State
treats an older individual who is homebound by reason of illness.
(c) <<NOTE: Compliance. 42 USC 3030g-21 note.>> Dietary Guidelines
Waiver.--To facilitate implementation of subparts 1 and 2 of part C of
title III of the Older Americans Act of 1965 (42 U.S.C. 3030d-2 et
seq.), with funds received by a State for fiscal year 2021, the
Assistant Secretary for Aging may waive, but continue to make every
effort practicable to encourage the restoration of, the applicable
requirements for meals provided under such subparts comply with the
requirements of clauses (i) and (ii) of section 339(2)(A) of such Act
(42 U.S.C. 3030g-21(2)(A)).
Subtitle B--Agriculture
CHAPTER 1--AGRICULTURAL PROGRAMS
SEC. 751. <<NOTE: Payments.>> OFFICE OF THE SECRETARY.
There is appropriated, out of any funds in the Treasury not
otherwise appropriated, for an additional amount for the ``Office of the
Secretary'', $11,187,500,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus by providing support
for agricultural producers, growers, and processors impacted by
coronavirus, including producers and growers of specialty crops, non-
specialty crops, dairy, livestock, and poultry, producers that supply
local food systems, including farmers markets, restaurants, and schools,
and growers who produce livestock or poultry under a contract for
another entity: Provided, That from the amounts provided in this
section, the Secretary of Agriculture shall make supplemental payments
to producers of price trigger crops for the 2020 crop year under section
9.202 of title 7, Code of Federal Regulations, on eligible acres of the
crop, in an amount equal to $20 per eligible acre: Provided further,
That from the amounts provided in this section, the Secretary of
Agriculture shall make supplemental payments to producers of flat-rate
crops for the 2020 crop year under section 9.202 of title 7, Code of
Federal Regulations, on eligible acres of the crop, in an amount equal
to $20 per eligible acre: Provided further, <<NOTE: Determination.>>
That for the purposes of determining the amount of eligible sales under
section 9.202(i) of title 7, Code of Federal Regulations, the Secretary
of Agriculture shall also include indemnities received under crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
and payments made or calculated under the noninsured crop disaster
assistance program established by section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) and the wildfire and
hurricane indemnity plus program under subpart O of part 760 of title 7,
Code of Federal Regulations: Provided
further, <<NOTE: Determination.>> That for the purposes of determining
the amount of eligible sales under section 9.202(i) of title 7, Code of
Federal Regulations, the Secretary of Agriculture may allow producers to
[[Page 134 STAT. 2106]]
substitute 2018 sales for such commodities for 2019 sales: Provided
further, That from the amounts provided in this section, the Secretary
of Agriculture shall make payments to producers of livestock or poultry
(not including any packer (as defined in section 201 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 191)) or live poultry dealer (as defined
in section 2(a) of that Act (7 U.S.C. 182(a)))) for losses of livestock
or poultry depopulated before the date of enactment of this Act due to
insufficient processing access, based on 80 percent of the fair market
value of any livestock or poultry so depopulated, and for the cost of
such depopulation (other than costs for which the producer has been
compensated under the environmental quality incentives program under
subchapter A of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.)): Provided
further, <<NOTE: Determination.>> That in determining the cost of
depopulation under the preceding proviso, the Secretary of Agriculture
may take into consideration whether a producer has been compensated for
the costs of such depopulation by any State program: Provided further,
That from the amounts provided in this section, the Secretary of
Agriculture shall make payments to producers of cattle described in
paragraphs (2), (3), and (4) of section 9.102(i) of title 7, Code of
Federal Regulations, in an amount equal to the product obtained by
multiplying the number of such cattle in inventory during the time
period specified in paragraph (c)(2) of that section by 50 percent of
the payment rate calculated by subtracting the applicable CCC payment
rate specified in paragraph (h) of that section and the applicable
payment rate specified in section 9.202(c) of that title from the
applicable CARES Act payment rate specified in section 9.102(h) of that
title: Provided further, That from the amounts provided in this
section, the Secretary of Agriculture shall make payments to producers
of cattle described in paragraphs (1) and (5) of section 9.102(i) of
title 7, Code of Federal Regulations, in an amount equal to the product
obtained by multiplying the number of such cattle in inventory during
the time period specified in paragraph (c)(2) of that section by 25
percent of the payment rate calculated by subtracting the applicable CCC
payment rate specified in paragraph (h) of that section and the
applicable payment rate specified in section 9.202(c) of that title (if
applicable) from the applicable CARES Act payment rate specified in
section 9.102(h) of that title: Provided
further, <<NOTE: Determination. Time period.>> That from the amounts
provided in this section, the Secretary of Agriculture shall use not
more than $1,000,000,000 to make payments to contract growers of
livestock and poultry to cover not more than 80 percent of revenue
losses, as determined by the Secretary of Agriculture, for the period
beginning on January 1, 2020, and ending on the date of enactment of
this Act: Provided further, That from the amounts provided in this
section, the Secretary of Agriculture shall use not less than
$20,000,000 to improve and maintain animal disease prevention and
response capacity: Provided further, <<NOTE: Cotton. Time periods.>>
That from the amounts provided in this section, the Secretary of
Agriculture shall make payments to domestic users of upland cotton and
extra-long staple cotton for the period beginning on March 1, 2020, and
ending on December 31, 2020, in an amount equal to the product obtained
by multiplying 10 by the product obtained by multiplying 6 cents per
pound by the average monthly consumption of the domestic user for the
period beginning on January 1, 2017, and ending on December 31, 2019:
Provided further, <<NOTE: Determination.>> That notwithstanding
paragraph (e) of section
[[Page 134 STAT. 2107]]
9.7 of title 7, Code of Federal Regulations (or any successor
regulation), and subject to the availability of funds, taking into
account the requirements of the other provisos in this section, for
purposes of providing assistance under subparts B and C of part 9 of
that title, the Secretary of Agriculture shall make additional payments
to ensure that such assistance more closely aligns with the calculated
gross payment or revenue losses of any person or entity, except that
such assistance shall not exceed the calculated gross payment or 80
percent of the loss, as determined by the Secretary of Agriculture, of
any entity or persons, and that for the purposes of determining income
derived from farming, ranching, and forestry under paragraph (d) of that
section, the Secretary of Agriculture shall broadly consider income
derived from agricultural sales (including gains), agricultural
services, the sale of agricultural real estate, and prior year net
operating loss carryforward as such income: Provided further, That from
the amounts provided in this section, the Secretary of Agriculture may
provide support to processors for losses of crops due to insufficient
processing access: Provided further, <<NOTE: Extension. Time period.>>
That the Secretary of Agriculture may extend the term of a marketing
assistance loan authorized by section 1201 of the Agricultural Act of
2014 (7 U.S.C. 9031), notwithstanding section 1203(b) of that Act (7
U.S.C. 9033(b)), for any loan commodity to 12 months: Provided
further, <<NOTE: Expiration date.>> That the authority provided by the
previous proviso shall expire on September 30, 2021: Provided further,
That from the amounts provided in this section, the Secretary of
Agriculture shall use not less than $1,500,000,000 to purchase food and
agricultural products, including seafood, to purchase and distribute
agricultural products (including fresh produce, dairy, and meat
products) to individuals in need, including through delivery to
nonprofit organizations that can receive, store, and distribute food
items, and for grants and loans to small or midsized food processors or
distributors, seafood processing facilities and processing vessels,
farmers markets, producers, or other organizations to respond to
coronavirus, including for measures to protect workers against the
Coronavirus Disease 2019 (COVID-19): Provided
further, <<NOTE: Deadline. Review.>> That not later than 30 days after
the date of enactment of this Act and prior to issuing solicitations for
contracts under the previous proviso, the Secretary of Agriculture shall
conduct a preliminary review of actions necessary to improve COVID-19-
related food purchasing, including reviewing coordination,
specifications, quality, and fairness of purchases, including the
distribution of purchased commodities, including the fairness of food
distribution, such as whether rural communities received adequate
support, the degree to which transportation costs were sufficient to
reach all areas, whether food safety was adequate in the distribution of
food, and the degree to which local purchases of food were made:
Provided further, <<NOTE: Time period.>> That from the amounts provided
in this section, the Secretary of Agriculture may use not more than
$200,000,000 to provide relief to timber harvesting and timber hauling
businesses that have, as a result of the COVID-19 pandemic, experienced
a loss of not less than 10 percent in gross revenue during the period
beginning on January 1, 2020, and ending on December 1, 2020, as
compared to the gross revenue of that timber harvesting or hauling
business during the same period in 2019: Provided further, That in
making direct support payments in this section, the Secretary of
Agriculture may take into account price differentiation factors for each
commodity based
[[Page 134 STAT. 2108]]
on specialized varieties, local markets, and farm practices, such as
certified organic farms (as defined in section 2103 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6502)): Provided further,
That <<NOTE: Biofuels.>> using amounts provided in this section, the
Secretary of Agriculture may make payments to producers of advanced
biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel,
or renewable fuel (as such terms are defined in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1))) produced in the United States, for
unexpected market losses as a result of COVID-19: Provided further,
That <<NOTE: Loans.>> the Secretary of Agriculture may make recourse
loans available to dairy product processors, packagers, or merchandisers
impacted by COVID-19: Provided further, That each reference in this
section to a section or other provision of the Code of Federal
Regulations shall be considered to be a reference to that section or
other provision as in effect on the date of enactment of this Act.
SEC. 752. SPECIALTY CROP BLOCK GRANTS.
Due to the impacts of COVID-19 on specialty crops, there is
appropriated, out of any funds in the Treasury not otherwise
appropriated, for Specialty Crop Block Grants under section 101 of the
Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public
Law 108-465), $100,000,000, to remain available until expended.
SEC. 753. LOCAL AGRICULTURE MARKET PROGRAM.
Due to the impacts that COVID-19 has had on many local agriculture
markets, there is appropriated, out of any funds in the Treasury not
otherwise appropriated, for the Local Agriculture Market Program
established under section 210A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1627c), $100,000,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the Secretary
of Agriculture may reduce the amount of matching funds otherwise
required under that section 210A to an amount not greater than 10
percent of the total amount of the Federal funds obligated under this
section only during the public health emergency declared by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to
COVID-19 (or any renewal of that declaration): Provided further, That
such match may be an in-kind contribution.
SEC. 754. FARMING OPPORTUNITIES TRAINING AND OUTREACH PROGRAM.
Due to the impacts of COVID-19 on certain producers, there is
appropriated, out of any funds in the Treasury not otherwise
appropriated, for the Farming Opportunities Training and Outreach
Program under section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279), $75,000,000, to remain available
until expended: Provided, That notwithstanding any other provision of
law, the Secretary of Agriculture may reduce the amount of matching
funds otherwise required under that section 2501 to an amount not
greater than 10 percent of the total amount of the Federal funds
obligated under this section only during the public health emergency
declared by the Secretary of Health and Human Services under section 319
of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
with respect to COVID-19 (or any renewal of that declaration): Provided
further, That
[[Page 134 STAT. 2109]]
such match may be an in-kind contribution: Provided
further, <<NOTE: Waiver authority.>> That the Secretary of Agriculture
may waive any maximum grant amount otherwise applicable to grants
provided using such amounts.
SEC. 755. GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.
There is appropriated, out of any funds in the Treasury not
otherwise appropriated, for the Gus Schumacher Nutrition Incentive
Program under section 4405 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517), $75,000,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the Secretary
of Agriculture may reduce the amount of matching funds otherwise
required under that section 4405 to an amount not greater than 10
percent of the total amount of the Federal funds obligated under this
section only during the public health emergency declared by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to
COVID-19 (or any renewal of that declaration): Provided further, That
such match may be an in-kind contribution: Provided
further, <<NOTE: Waiver authority.>> That the Secretary of Agriculture
may waive any maximum grant amount otherwise applicable to grants
provided under this section: Provided further, That the Secretary of
Agriculture may use such amounts to provide additional funding to
ongoing grants provided under such Program before the date of enactment
of this Act.
SEC. 756. <<NOTE: 7 USC 2254c.>> RESEARCH.
There is appropriated, out of any funds in the Treasury not
otherwise appropriated, $20,000,000 for fiscal year 2021 and each fiscal
year thereafter for the Agricultural Research Service to address gaps in
nutrition research at the critical intersections of responsive
agriculture, quality food production, and human nutrition and health.
CHAPTER 2--SUPPORT FOR DAIRY, LIVESTOCK, AND FARM STRESS
SEC. 760. <<NOTE: 7 USC 5936a note.>> DEFINITIONS.
In this chapter:
(1) The term ``COVID-19'' means the disease caused by SARS-
CoV-2, or any viral strain mutating therefrom with pandemic
potential.
(2) The term ``COVID-19 public health emergency'' means the
public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-
19 (or any renewal of that declaration).
(3) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 761. <<NOTE: 7 USC 9056 note.>> SUPPLEMENTAL DAIRY MARGIN
COVERAGE PAYMENTS.
(a) In General.--The Secretary shall provide supplemental dairy
margin coverage payments to participating eligible dairy operations
described in subsection (b)(1) whenever the average actual dairy
production margin (as defined in section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051)) for a month is less than the coverage level
threshold selected by such eligible dairy operation under section 1406
of that Act (7 U.S.C. 9056).
(b) Eligible Dairy Operation Described.--
[[Page 134 STAT. 2110]]
(1) In general.--An eligible dairy operation described in
this subsection is a dairy operation that--
(A) is located in the United States; and
(B) during a calendar year in which such dairy
operation is a participating dairy operation (as defined
in section 1401 of the Agricultural Act of 2014 (7
U.S.C. 9051)), has a production history established
under the dairy margin coverage program under section
1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) of
less than 5,000,000 pounds, as determined in accordance
with subsection (c) of such section 1405.
(2) Limitation on eligibility.--An eligible dairy operation
shall only be eligible for payments under this section during a
calendar year in which such eligible dairy operation is enrolled
in the dairy margin coverage (as defined in section 1401 of the
Agricultural Act of 2014 (7 U.S.C. 9051)).
(c) Supplemental Production History Calculation.--
(1) <<NOTE: Determination.>> In general.--For purposes of
determining the supplemental production history of an eligible
dairy operation under this section, such dairy operation's
supplemental production history shall be equal to 75 percent of
the amount described in paragraph (2) with respect to such dairy
operation.
(2) Amount.--The amount referred to in paragraph (1) is,
with respect to an eligible dairy operation, the amount equal
to--
(A) the production volume of such dairy operation
for the 2019 milk marketing year; minus
(B) the dairy margin coverage production history of
such dairy operation established under section 1405 of
the Agricultural Act of 2014 (7 U.S.C. 9055).
(d) Coverage Percentage.--
(1) In general.--For purposes of calculating payments to be
issued under this section during a calendar year, an eligible
dairy operation's coverage percentage shall be equal to the
coverage percentage selected by such eligible dairy operation
with respect to such calendar year under section 1406 of the
Agricultural Act of 2014 (7 U.S.C. 9056).
(2) 5 million pound limitation.--
(A) In general.--The Secretary shall not provide
supplemental dairy margin coverage on an eligible dairy
operation's actual production for a calendar year such
that the total covered production history of such dairy
operation exceeds 5,000,000 pounds.
(B) Determination of amount.--In calculating the
total covered production history of an eligible dairy
operation under subparagraph (A), the Secretary shall
multiply the coverage percentage selected by such
operation under section 1406 of the Agricultural Act of
2014 (7 U.S.C. 9056) by the sum of--
(i) the supplemental production history
calculated under subsection (c) with respect to
such dairy operation; and
(ii) the dairy margin coverage production
history described in subsection (c)(2)(B) with
respect to such dairy operation.
[[Page 134 STAT. 2111]]
(e) Premium Cost.--The premium cost for an eligible dairy operation
under this section for a calendar year shall be equal to the product of
multiplying--
(1) the Tier I premium cost calculated with respect to such
dairy operation for such year under section 1407(b) of the
Agricultural Act of 2014 (7 U.S.C. 9057(b)); by
(2) the supplemental production history with respect to such
dairy operation calculated under subsection (c) (such that total
covered production history does not exceed 5,000,000 pounds).
(f) <<NOTE: Deadline.>> Regulations.--Not later than 45 days after
the date of the enactment of this section, the Secretary shall issue
regulations to carry out this section.
(g) Prohibition With Respect to Dairy Margin Coverage Enrollment.--
(1) In general.--The Secretary may not reopen or otherwise
provide a special enrollment for dairy margin coverage (as
defined in section 1401 of the Agricultural Act of 2014 (7
U.S.C. 9051)) for purposes of establishing eligibility for
supplemental dairy margin coverage payments under this section.
(2) Clarification with respect to supplemental dairy margin
coverage payments.--The Secretary may open a special enrollment
for supplemental dairy margin coverage under this section.
(h) Application for Calendar Year 2021.--The Secretary shall make
payments under this section to eligible dairy operations described in
subsection (b)(1) for months after and including January, 2021.
(i) Sunset.--The authority to make payments under this section shall
terminate on December 31, 2023.
(j) Funding.--There is appropriated, out of any funds in the
Treasury not otherwise appropriated, to carry out this section such sums
as necessary, to remain available until the date specified in subsection
(i).
SEC. 762. <<NOTE: 7 USC 9071a.>> DAIRY DONATION PROGRAM.
(a) Definitions.--In this section:
(1) Eligible dairy organization.--The term ``eligible dairy
organization'' has the meaning given the term in section 1431(a)
of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).
(2) Eligible dairy product.--The term ``eligible dairy
product'' means a product primarily made from milk, including
fluid milk, that is produced and processed in the United States.
(3) Eligible distributor.--The term ``eligible distributor''
means a public or private nonprofit organization that
distributes donated eligible dairy products to recipient
individuals and families.
(4) Eligible partnership.--The term ``eligible partnership''
means a partnership between an eligible dairy organization and
an eligible distributor.
(b) <<NOTE: Deadline.>> Establishment and Purposes.--Not later than
60 days after the date of enactment of this Act, the Secretary shall
establish and administer a dairy donation program for the purposes of--
(1) facilitating the timely donation of eligible dairy
products; and
(2) preventing and minimizing food waste.
[[Page 134 STAT. 2112]]
(c) Donation and Distribution Plans.--
(1) In general.--To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that describes
the process that the eligible partnership will use for the
donation, processing, transportation, temporary storage, and
distribution of eligible dairy products.
(2) Review and approval.--
(A) <<NOTE: Deadline.>> In general.--Not later than
15 business days after receiving a plan described in
paragraph (1), the Secretary shall--
(i) review that plan; and
(ii) issue an approval or disapproval of that
plan.
(B) Emergency and disaster-related prioritization.--
(i) <<NOTE: Determination.>> In general.--In
receiving and reviewing a donation and
distribution plan submitted under paragraph (1),
the Secretary shall determine whether an emergency
or disaster was a substantial factor in the
submission, including--
(I) a declared or renewed public
health emergency under section 319 of
the Public Health Service Act (42 U.S.C.
247d); and
(II) a disaster designated by the
Secretary.
(ii) Priority review.--On making an
affirmative determination under clause (i) with
respect to a donation and distribution plan
submitted under paragraph (1), the Secretary shall
give priority to the approval or disapproval of
that plan.
(d) Reimbursement.--
(1) In general.--On receipt of appropriate documentation
under paragraph (3), the Secretary shall reimburse an eligible
dairy organization that is a member of an eligible partnership
for which the Secretary has approved a donation and distribution
plan under subsection (c)(2)(A)(ii) at a rate equal to the
product obtained by multiplying--
(A) the current reimbursement price described in
paragraph (2); and
(B) the volume of milk required to make the donated
eligible dairy product.
(2) Reimbursement price.--The Secretary--
(A) shall set the reimbursement price referred to in
paragraph (1)(A) at a value that shall--
(i) be representative of the cost of the milk
required to make the donated eligible dairy
product;
(ii) be between the lowest and highest of the
class I, II, III, or IV milk prices on the date of
the production of the eligible dairy product;
(iii) be sufficient to avoid food waste; and
(iv) not interfere with the commercial
marketing of milk or dairy products;
(B) may set appropriate reimbursement prices under
subparagraph (A) for different eligible dairy products
by class and region for the purpose of--
(i) encouraging the donation of surplus
eligible dairy products;
(ii) facilitating the orderly marketing of
milk;
[[Page 134 STAT. 2113]]
(iii) reducing volatility relating to
significant market disruptions;
(iv) maintaining traditional price
relationships between classes of milk; or
(v) stabilizing on-farm milk prices.
(3) Documentation.--
(A) In general.--An eligible dairy organization
shall submit to the Secretary such documentation as the
Secretary may require to demonstrate--
(i) the production of the eligible dairy
product; and
(ii) the donation of the eligible dairy
product to an eligible distributor.
(B) Verification.--The Secretary may verify the
accuracy of documentation submitted under subparagraph
(A).
(4) Retroactive reimbursement.--In providing reimbursements
under paragraph (1), the Secretary may provide reimbursements
for eligible dairy product costs incurred before the date on
which the donation and distribution plan for the applicable
participating partnership was approved by the Secretary under
subsection (c)(2)(A)(ii).
(5) <<NOTE: Determination.>> Emergency and disaster-related
prioritization.--In providing reimbursements under paragraph
(1), the Secretary shall give priority to reimbursements to
eligible dairy organizations covered by a donation and
distribution plan for which the Secretary makes an affirmative
determination under subsection (c)(2)(B)(i).
(e) Prohibition on Resale of Products.--
(1) In general.--An eligible distributor that receives
eligible dairy products donated under this section may not sell
the eligible dairy products into commercial markets.
(2) <<NOTE: Determination.>> Prohibition on future
participation.--An eligible distributor that the Secretary
determines has violated paragraph (1) shall not be eligible for
any future participation in the program established under this
section.
(f) Reviews.--The Secretary shall conduct appropriate reviews or
audits to ensure the integrity of the program established under this
section.
(g) <<NOTE: Web posting. Reports.>> Publication of Donation
Activity.--The Secretary, acting through the Administrator of the
Agricultural Marketing Service, shall publish on the publicly accessible
website of the Agricultural Marketing Service periodic reports
describing donation activity under this section.
(h) Supplemental Reimbursements.--
(1) <<NOTE: Time period.>> In general.--The Secretary shall
make a supplemental reimbursement to an eligible dairy
organization that received a reimbursement under the milk
donation program established under section 1431 of the
Agricultural Act of 2014 (7 U.S.C. 9071) during the period
beginning on January 1, 2020, and ending on the date on which
amounts made available under subsection (i) are no longer
available.
(2) Reimbursement calculation.--A supplemental reimbursement
described in paragraph (1) shall be an amount equal to--
(A) the reimbursement calculated under subsection
(d); minus
[[Page 134 STAT. 2114]]
(B) the reimbursement under the milk donation
program described in paragraph (1).
(i) Funding.--Out of any amounts of the Treasury not otherwise
appropriated, there is appropriated to the Secretary to carry out this
section $400,000,000, to remain available until expended.
SEC. 763. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH
SELLERS OF LIVESTOCK.
The Packers and Stockyards Act, 1921, is amended by inserting after
section 317 (7 U.S.C. 217a) the following new section:
``SEC. 318. <<NOTE: 7 USC 217b.>> STATUTORY TRUST ESTABLISHED;
DEALER.
``(a) Establishment.--
``(1) In general.--All livestock purchased by a dealer in
cash sales and all inventories of, or receivables or proceeds
from, such livestock shall be held by such dealer in trust for
the benefit of all unpaid cash sellers of such livestock until
full payment has been received by such unpaid cash sellers.
``(2) Exemption.--Any dealer whose average annual purchases
of livestock do not exceed $100,000 shall be exempt from the
provisions of this section.
``(3) <<NOTE: Determination.>> Effect of dishonored
instruments.--For purposes of determining full payment under
paragraph (1), a payment to an unpaid cash seller shall not be
considered to have been made if the unpaid cash seller receives
a payment instrument that is dishonored.
``(b) <<NOTE: Notice. Deadlines.>> Preservation of Trust.--An
unpaid cash seller shall lose the benefit of a trust under subsection
(a) if the unpaid cash seller has not preserved the trust by giving
written notice to the dealer involved and filing such notice with the
Secretary--
``(1) within 30 days of the final date for making a payment
under section 409 in the event that a payment instrument has not
been received; or
``(2) within 15 business days after the date on which the
seller receives notice that the payment instrument promptly
presented for payment has been dishonored.
``(c) <<NOTE: Deadline.>> Notice to Lien Holders.--When a dealer
receives notice under subsection (b) of the unpaid cash seller's intent
to preserve the benefits of the trust, the dealer shall, within 15
business days, give notice to all persons who have recorded a security
interest in, or lien on, the livestock held in such trust.
``(d) Cash Sales Defined.--For the purpose of this section, a cash
sale means a sale in which the seller does not expressly extend credit
to the buyer.
``(e) Purchase of Livestock Subject to Trust.--
``(1) In general.--A person purchasing livestock subject to
a dealer trust shall receive good title to the livestock if the
person receives the livestock--
``(A) in exchange for payment of new value; and
``(B) in good faith without notice that the transfer
is a breach of trust.
``(2) Dishonored payment instrument.--Payment shall not be
considered to have been made if a payment instrument given in
exchange for the livestock is dishonored.
``(3) Transfer in satisfaction of antecedent debt.--A
transfer of livestock subject to a dealer trust is not for
[[Page 134 STAT. 2115]]
value if the transfer is in satisfaction of an antecedent debt
or to a secured party pursuant to a security agreement.
``(f) Enforcement.--Whenever the Secretary has reason to believe
that a dealer subject to this section has failed to perform the duties
required by this section or whenever the Secretary has reason to believe
that it will be in the best interest of unpaid cash sellers, the
Secretary shall do one or more of the following--
``(1) <<NOTE: Appointment.>> appoint an independent trustee
to carry out the duties required by this section, preserve trust
assets, and enforce the trust;
``(2) serve as independent trustee, preserve trust assets,
and enforce the trust; or
``(3) file suit in the United States district court for the
district in which the dealer resides to enjoin the dealer's
failure to perform the duties required by this section, preserve
trust assets, and to enforce the trust. Attorneys employed by
the Secretary may, with the approval of the Attorney General,
represent the Secretary in any such suit. Nothing herein shall
preclude unpaid sellers from filing suit to preserve or enforce
the trust.''.
SEC. 764. <<NOTE: 21 USC 473.>> GRANTS FOR IMPROVEMENTS TO MEAT
AND POULTRY FACILITIES TO ALLOW FOR
INTERSTATE SHIPMENT.
(a) In General.--The Secretary shall make grants to meat and poultry
slaughter and processing facilities described in subsection (b)
(including such facilities operating under State inspection or such
facilities that are exempt from Federal inspection) to assist such
facilities with respect to costs incurred in making improvements to such
facilities and carrying out other planning activities necessary--
(1) to obtain a Federal grant of inspection under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as
applicable; or
(2) to operate as a State-inspected facility that is
compliant with--
(A) the Federal Meat Inspection Act (21 U.S.C. 601
et seq.) under the cooperative interstate shipment
program established under section 501 of that Act (21
U.S.C. 683); or
(B) the Poultry Products Inspection Act (21 U.S.C.
451 et seq.) under the cooperative interstate shipment
program established under section 31 of that Act (21
U.S.C. 472).
(b) Eligible Facilities.--To be eligible for a grant under this
section, a meat or poultry slaughter or processing facility shall be--
(1) in operation as of the date on which the facility
submits to the Secretary an application for the grant; and
(2) seeking--
(A) to obtain a Federal grant of inspection
described in subsection (a)(1); or
(B) to be eligible for inspection under a
cooperative interstate shipment program described in
subparagraph (A) or (B), as applicable, of subsection
(a)(2), in a State that participates in that program.
[[Page 134 STAT. 2116]]
(c) Eligible Activities.--A facility that receives a grant under
this section may use the grant amount for--
(1) the modernization or expansion of existing facilities;
(2) the modernization of equipment;
(3) compliance with packaging and labeling requirements
under applicable law;
(4) compliance with safety requirements under applicable
law;
(5) the development of processes to ensure food safety; and
(6) such other purposes as the Secretary determines to be
appropriate.
(d) Grant Requirements.--
(1) Amount.--The amount of a grant under this section shall
not exceed $200,000.
(2) <<NOTE: Payments. Deadline.>> Condition.--As a
condition of receiving a grant under this section, a grant
recipient shall agree that the grant recipient shall make a
payment (or payments) to the Secretary in an amount equal to the
amount of the grant if the recipient, within 36 months of
receiving such grant--
(A) as applicable--
(i) is not subject to inspection under the
Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) or the Poultry Products Inspection Act (21
U.S.C. 451 et seq.), as applicable; or
(ii) is not eligible for inspection under a
cooperative interstate shipment program described
in subparagraph (A) or (B), as applicable, of
subsection (a)(2); or
(B) is not making a good faith effort to be subject
to such inspection or to be eligible under such a
cooperative interstate shipment program, as applicable.
(3) Matching funds.--
(A) <<NOTE: Requirement.>> In general.--The
Secretary shall require a recipient of a grant under
this section to provide matching non-Federal funds in an
amount equal to the amount of the grant.
(B) Exception.--The Secretary shall not require any
recipient of a grant under this section to provide
matching funds with respect to a grant awarded in fiscal
year 2021.
(e) Reports.--
(1) <<NOTE: Time period.>> Reports on grants made.--
Beginning not later than 1 year after the date on which the
first grant is awarded under this section, and continuing
annually thereafter through the year that is 10 years after the
date on which the final grant is awarded under this section, the
Secretary shall submit to the Committee on Agriculture and the
Committee on Appropriations of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Appropriations of the Senate a report on grants
made under this section, including--
(A) any facilities that used a grant awarded under
this section to carry out eligible activities described
in subsection (c) during the year covered by the report;
and
(B) the operational status of facilities that were
awarded grants under this section.
[[Page 134 STAT. 2117]]
(2) Report on the cooperative interstate shipment program.--
<<NOTE: Consultation.>> Beginning not later than 1 year after
the date of the enactment of this section, the Secretary shall
submit to the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry and the Committee on
Appropriations of the Senate a report describing any
recommendations, developed in consultation with all States, for
possible improvements to the cooperative interstate shipment
programs under section 501 of the Federal Meat Inspection Act
(21 U.S.C. 683) and section 31 of the Poultry Products
Inspection Act (21 U.S.C. 472).
(f) Funding.--Of the funds of the Treasury not otherwise
appropriated, there is appropriated to carry out this section
$60,000,000 for the period of fiscal years 2021 through 2023, to remain
available until expended.
SEC. 765. MEAT AND POULTRY PROCESSING STUDY AND REPORT.
(a) Study and Report on Financial Assistance Availability.--
(1) Study required.--The Secretary shall conduct a study on
the availability and effectiveness of--
(A) Federal loan programs, Federal loan guarantee
programs, and grant programs for which--
(i) facilities that slaughter or otherwise
process meat and poultry in the United States,
which are in operation and subject to inspection
under the Federal Meat Inspection Act (21 U.S.C.
601 et seq.) or the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.), as of the date of the
enactment of this section, and
(ii) entities seeking to establish such a
facility in the United States,
may be eligible; and
(B) Federal grant programs intended to support--
(i) business activities relating to increasing
the slaughter or processing capacity in the United
States; and
(ii) feasibility or marketing studies on the
practicality and viability of specific new or
expanded projects to support additional slaughter
or processing capacity in the United States.
(2) <<NOTE: Consultation.>> Report to congress.--Not later
than 60 days after the date of the enactment of this section,
the Secretary, in consultation with applicable Federal agencies,
shall submit a report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that includes the results
of the study required under paragraph (1).
(3) <<NOTE: Public information. Web posting. List.>>
Publication.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall make publicly
available on the website of the Food Safety and Inspection
Service of the Department of Agriculture a list of each loan
program, loan guarantee program, and grant program identified
under paragraph (1).
[[Page 134 STAT. 2118]]
(b) Funding.--There is appropriated, out of the funds of the
Treasury not otherwise appropriated, $2,000,000 to carry out this
section.
SEC. <<NOTE: 7 USC 5936a.>> 766. SUPPORT FOR FARM STRESS PROGRAMS.
(a) <<NOTE: Grants.>> In General.--The Secretary shall make grants
to State departments of agriculture (or such equivalent department) to
expand or sustain stress assistance programs for individuals who are
engaged in farming, ranching, and other agriculture-related occupations,
including--
(1) programs that meet the criteria specified in section
7522(b)(1) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936(b)(1)); and
(2) any State initiatives carried out as of the date of the
enactment of this Act that provide stress assistance for such
individuals.
(b) <<NOTE: Deadline.>> Grant Timing and Amount.--In making grants
under subsection (a), not later than 60 days after the date of the
enactment of this Act and subject to subsection (c), the Secretary
shall--
(1) make awards to States submitting State plans that meet
the criteria specified in paragraph (1) of such subsection
within the time period specified by the Secretary; and
(2) <<NOTE: Determination.>> of the amounts made available
under subsection (f), allocate among such States, an amount to
be determined by the Secretary, which in no case may exceed
$500,000 for each State.
(c) State Plan.--
(1) In general.--A State department of agriculture seeking a
grant under subsection (a) shall submit to the Secretary a State
plan to expand or sustain stress assistance programs described
in that subsection that includes--
(A) a description of each activity and the estimated
amount of funding to support each program and activity
carried out through such a program;
(B) <<NOTE: Timeline.>> an estimated timeline for
the operation of each such program and activity;
(C) the total amount of funding sought; and
(D) an assurance that the State department of
agriculture will comply with the reporting requirement
under subsection (e).
(2) <<NOTE: Deadline.>> Guidance.--Not later than 20 days
after the date of the enactment of this Act, the Secretary shall
issue guidance for States with respect to the submission of a
State plan under paragraph (1) and the allocation criteria under
subsection (b).
(3) Reallocation.--If, after the first grants are awarded
pursuant to allocation under subsection (b), any funds made
available under subsection (f) to carry out this subsection
remain unobligated, the Secretary shall--
(A) inform States that submit plans as described in
subsection (b), of such availability; and
(B) <<NOTE: Determination.>> reallocate such funds
among such States, as the Secretary determines to be
appropriate and equitable.
(d) Collaboration.--The Secretary may issue guidance to encourage
State departments of agriculture to use funds provided under this
section to support programs described in subsection (a) that are
operated by--
[[Page 134 STAT. 2119]]
(1) Indian tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304));
(2) State cooperative extension services; and
(3) nongovernmental organizations.
(e) Reporting.--Not later than 180 days after the COVID-19 public
health emergency ends, each State receiving additional grants under
subsection (b) shall submit a report to the Secretary describing--
(1) the activities conducted using such funds;
(2) the amount of funds used to support each such activity;
and
(3) <<NOTE: Estimate.>> the estimated number of individuals
served by each such activity.
(f) Funding.--Out of the funds of the Treasury not otherwise
appropriated, there is appropriated to carry out this section
$28,000,000, to remain available until expended.
(g) State Defined.--In this section, the term ``State'' means--
(1) a State;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico; and
(4) any other territory or possession of the United States.
TITLE VIII--UNITED STATES POSTAL SERVICE
SEC. 801. COVID-19 FUNDING FOR THE UNITED STATES POSTAL SERVICE.
Section 6001 of the CARES Act (39 U.S.C. 101 note; Public Law 116-
136) is amended--
(1) in the section heading, by striking ``<SUP>borrowing</SUP>
authority</SUP>'' and inserting ``<SUP>funding</SUP>'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) No Repayment Required.--Notwithstanding any other provision of
law, including subsection (b) of this section, or any agreement entered
into between the Secretary of the Treasury and the Postal Service under
that subsection, the Postal Service shall not be required to repay the
amounts borrowed under that subsection.''.
SEC. 802. TEMPORARY ACCEPTANCE OF CERTAIN LOW-RISK POSTAL
SHIPMENTS.
Section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C.
1415(a)(3)(K)(vii)) is amended--
(1) in subclause (I), by striking ``subclause (II)'' and
inserting ``subclause (II) or (III)''; and
(2) by adding at the end the following:
``(III) <<NOTE: Time period.>> Notwithstanding
subclause (I), during the period beginning on January 1,
2021, through March 15, 2021, the Postmaster General may
accept a shipment without transmission of the
information described in paragraphs (1) and (2) if the
Commissioner determines, or concurs with the
determination of the Postmaster General, that the
shipment presents a low risk of violating any relevant
United States statutes or regulations, including
statutes
[[Page 134 STAT. 2120]]
or regulations relating to the importation of controlled
substances such as fentanyl and other synthetic
opioids.''.
TITLE IX--BROADBAND INTERNET ACCESS SERVICE
SEC. 901. AMENDMENTS TO THE SECURE AND TRUSTED COMMUNICATIONS
NETWORK REIMBURSEMENT PROGRAM.
The Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1601 et seq.) is amended--
(1) in section 4 (47 U.S.C. 1603)--
(A) in subsection (b)(1), by striking ``2,000,000''
and inserting ``10,000,000'';
(B) in subsection (c)--
(i) in paragraph (1)(A)--
(I) in the matter preceding clause
(i), by striking ``before'';
(II) by amending clause (i) to read
as follows:
``(i) as defined in the Report and Order of
the Commission in the matter of Protecting Against
National Security Threats to the Communications
Supply Chain Through FCC Programs (FCC 19-121; WC
Docket No. 18-89; adopted November 22, 2019) (in
this section referred to as the `Report and
Order'); or''; and
(III) by amending clause (ii) to
read as follows:
``(ii) as determined to be covered by both the
process of the Report and Order and the
Designation Orders of the Commission on June 30,
2020 (DA 20-690; PS Docket No. 19-351; adopted
June 30, 2020) (DA 20-691; PS Docket No. 19-352;
adopted June 30, 2020) (in this section
collectively referred to as the `Designation
Orders');''; and
(ii) in paragraph (2)(A), by amending clauses
(i) and (ii) to read as follows:
``(i) publication of the Report and Order; or
``(ii) in the case of covered communications
equipment that only became covered pursuant to the
Designation Orders, June 30, 2020; or'';
(C) in subsection (d)(5)--
(i) in subparagraph (A), by striking ``The
Commission'' and inserting ``Subject to
subparagraph (C), the Commission''; and
(ii) by adding at the end the following:
``(C) Priority for allocation.--On and after the
date of enactment of this subparagraph, the Commission
shall allocate sufficient reimbursement funds--
``(i) first, to approved applicants that have
2,000,000 or fewer customers, for removal and
replacement of covered communications equipment,
as defined in section 9 or as designated by the
process set forth in the Report and Order;
``(ii) after funds have been allocated to all
applicants described in clause (i), to approved
applicants that are accredited public or private
non-commercial educational institutions providing
their
[[Page 134 STAT. 2121]]
own facilities-based educational broadband
service, as defined in section 27.4 of title 47,
Code of Federal Regulations, or any successor
regulation, for removal and replacement of covered
communications equipment, as defined in section 9
or as designated by the process set forth in the
Report and Order; and
``(iii) after funds have been allocated to all
applicants described in clause (ii), to any
remaining approved applicants determined to be
eligible for reimbursement under the Program.'';
and
(D) by adding at the end the following:
``(k) Limitation.--In carrying out this section, the Commission may
not expend more than $1,900,000,000.''; and
(2) in section 9 (47 U.S.C. 1608), by amending paragraph
(10) to read as follows:
``(10) <<NOTE: Definition.>> Provider of advanced
communications service.--The term `provider of advanced
communications service'--
``(A) means a person who provides advanced
communications service to United States customers; and
``(B) includes--
``(i) accredited public or private
noncommercial educational institutions, providing
their own facilities-based educational broadband
service, as defined in section 27.4 of title 47,
Code of Federal Regulations, or any successor
regulation; and
``(ii) health care providers and libraries
providing advanced communications service.''.
SEC. 902. <<NOTE: 47 USC 1306.>> CONNECTING MINORITY COMMUNITIES.
(a) Definitions.--In this section:
(1) Anchor community.--
(A) In general.--The term ``anchor community'' means
any area that--
(i) except as provided in subparagraph (B), is
not more than 15 miles from a historically Black
college or university, a Tribal College or
University, or a Minority-serving institution; and
(ii) has an estimated median annual household
income of not more than 250 percent of the poverty
line, as that term is defined in section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2)).
(B) <<NOTE: Consultation.>> Certain tribal colleges
or universities.--With respect to a Tribal College or
University that is located on land held in trust by the
United States, the Assistant Secretary, in consultation
with the Secretary of the Interior, may establish a
different maximum distance for the purposes of
subparagraph (A)(i) if the Assistant Secretary is able
to ensure that, in establishing that different maximum
distance, each anchor community that is established as a
result of that action is statistically comparable to
other anchor communities described in subparagraph (A).
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(3) Broadband internet access service.--The term ``broadband
internet access service'' has the meaning given
[[Page 134 STAT. 2122]]
the term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Connected device.--The term ``connected device'' means a
laptop computer, tablet computer, or similar device that is
capable of connecting to broadband internet access service.
(6) Director.--The term ``Director'' means the Director of
the Office.
(7) Eligible equipment.--The term ``eligible equipment''
means--
(A) a Wi-Fi hotspot;
(B) a modem;
(C) a router;
(D) a device that combines a modem and router;
(E) a connected device; or
(F) any other equipment used to provide access to
broadband internet access service.
(8) Eligible recipient.--The term ``eligible recipient''
means--
(A) a historically Black college or university;
(B) a Tribal College or University;
(C) a Minority-serving institution; or
(D) a consortium that is led by a historically Black
college or university, a Tribal College or University,
or a Minority-serving institution and that also
includes--
(i) a minority business enterprise; or
(ii) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(9) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(10) Minority-serving institution.--The term ``Minority-
serving institution'' means any of the following:
(A) An Alaska Native-serving institution, as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)).
(B) A Native Hawaiian-serving institution, as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)).
(C) A Hispanic-serving institution, as that term is
defined in section 502(a) of the Higher Education Act of
1965 (20 U.S.C. 1101a(a)).
(D) A Predominantly Black institution, as that term
is defined in section 371(c) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(c)).
(E) An Asian American and Native American Pacific
Islander-serving institution, as that term is defined in
section 320(b) of the Higher Education Act of 1965 (20
U.S.C. 1059g(b)).
(F) A Native American-serving, nontribal
institution, as that term is defined in section 319(b)
of the Higher Education Act of 1965 (20 U.S.C.
1059f(b)).
[[Page 134 STAT. 2123]]
(11) Minority business enterprise.--The term ``minority
business enterprise'' has the meaning given the term in section
1400.2 of title 15, Code of Federal Regulations, or any
successor regulation.
(12) Office.--The term ``Office'' means the Office of
Minority Broadband Initiatives established pursuant to
subsection (b)(1).
(13) Pilot program.--The term ``Pilot Program'' means the
Connecting Minority Communities Pilot Program established under
the rules promulgated by the Assistant Secretary under
subsection (c)(1).
(14) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
(15) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11, or any successor standard.
(16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving broadband internet access service; and
(B) sharing broadband internet access service with
another device through the use of Wi-Fi.
(b) Office of Minority Broadband Initiatives.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 180
days after the date of enactment of this Act, the Assistant
Secretary shall establish within the National Telecommunications
and Information Administration the Office of Minority Broadband
Initiatives.
(2) <<NOTE: Appointment.>> Director.--The Office shall be
headed by the Director of the Office of Minority Broadband
Initiatives, who shall be appointed by the Assistant Secretary.
(3) Duties.--The Office, acting through the Director,
shall--
(A) collaborate with Federal agencies that carry out
broadband internet access service support programs to
determine how to expand access to broadband internet
access service and other digital opportunities in anchor
communities;
(B) collaborate with State, local, and Tribal
governments, historically Black colleges or
universities, Tribal Colleges or Universities, Minority-
serving institutions, and stakeholders in the
communications, education, business, and technology
fields to--
(i) promote--
(I) initiatives relating to
broadband internet access service
connectivity for anchor communities; and
(II) digital opportunities for
anchor communities;
(ii) <<NOTE: Recommenda- tions.>> develop
recommendations to promote the rapid, expanded
deployment of broadband internet access service to
unserved historically Black colleges or
universities, Tribal Colleges or Universities,
Minority-serving institutions, and anchor
communities, including to--
[[Page 134 STAT. 2124]]
(I) students, faculty, and staff of
historically Black colleges or
universities, Tribal Colleges or
Universities, and Minority-serving
institutions; and
(II) senior citizens and veterans
who live in anchor communities;
(iii) promote activities that would accelerate
the adoption of broadband internet access service
(including any associated equipment or personnel
necessary to access and use that service, such as
modems, routers, devices that combine a modem and
a router, Wi-Fi hotspots, and connected devices)--
(I) by students, faculty, and staff
of historically Black colleges or
universities, Tribal Colleges or
Universities, and Minority-serving
institutions; and
(II) within anchor communities;
(iv) upon request, provide assistance to
historically Black colleges or universities,
Tribal Colleges or Universities, Minority-serving
institutions, and leaders from anchor communities
with respect to navigating Federal programs
dealing with broadband internet access service;
(v) promote digital literacy skills, including
by providing opportunities for virtual or in-
person digital literacy training and education;
(vi) promote professional development
opportunity partnerships between industry and
historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions to help ensure that
information technology personnel and students of
historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions have the skills needed to
work with new and emerging technologies with
respect to broadband internet access service; and
(vii) explore how to leverage investment in
infrastructure with respect to broadband internet
access service to--
(I) expand connectivity with respect
to that service in anchor communities
and by students, faculty, and staff of
historically Black colleges or
universities, Tribal Colleges or
Universities, and Minority-serving
institutions;
(II) encourage investment in
communities that have been designated as
qualified opportunity zones under
section 1400Z-1 of the Internal Revenue
Code of 1986; and
(III) serve as a catalyst for
adoption of that service, so as to
promote job growth and economic
development and deployment of advanced
technologies; and
(C) assume any functions carried out under the
Minority Broadband Initiative of the National
Telecommunications and Information Administration, as of
the day before the date of enactment of this Act.
(4) Reports.--
[[Page 134 STAT. 2125]]
(A) In general.--Not later than 1 year after the
date on which the Assistant Secretary establishes the
Office under paragraph (1), and annually thereafter, the
Assistant Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that--
(i) for the year covered by the report,
details the work of the Office in expanding access
to fixed and mobile broadband internet access
service--
(I) at historically Black colleges
or universities, Tribal Colleges or
Universities, and Minority-serving
institutions, including by expanding
that access to students, faculty, and
staff of historically Black colleges or
universities, Tribal Colleges or
Universities, and Minority-serving
institutions; and
(II) within anchor communities; and
(ii) identifies barriers to providing access
to broadband internet access service--
(I) at historically Black colleges
or universities, Tribal Colleges or
Universities, and Minority-serving
institutions, including to students,
faculty, and staff of historically Black
colleges or universities, Tribal
Colleges or Universities, and Minority-
serving institutions; and
(II) within anchor communities.
(B) Public availability.--Not later than 30 days
after the date on which the Assistant Secretary submits
a report under subparagraph (A), the Assistant Secretary
shall, to the extent feasible, make that report publicly
available.
(c) Connecting Minority Communities Pilot Program.--
(1) Rules required.--
(A) <<NOTE: Deadline. Grants.>> In general.--Not
later than 45 days after the date of enactment of this
Act, the Assistant Secretary shall promulgate rules
establishing the Connecting Minority Communities Pilot
Program, the purpose of which shall be to provide grants
to eligible recipients in anchor communities for the
purchase of broadband internet access service or any
eligible equipment, or to hire and train information
technology personnel--
(i) in the case of an eligible recipient
described in subparagraph (A), (B), or (C) of
subsection (a)(8), to facilitate educational
instruction and learning, including through remote
instruction;
(ii) in the case of an eligible recipient
described in subsection (a)(8)(D)(i), to operate
the minority business enterprise; or
(iii) in the case of an eligible recipient
described in subsection (a)(8)(D)(ii), to operate
the organization.
(B) Content.--The rules promulgated under
subparagraph (A) shall--
(i) establish a method for identifying which
eligible recipients in anchor communities have the
greatest unmet financial needs;
(ii) ensure that grants under the Pilot
Program are made--
[[Page 134 STAT. 2126]]
(I) to eligible recipients
identified under the method established
under clause (i); and
(II) in a manner that best achieves
the purposes of the Pilot Program;
(iii) <<NOTE: Requirement.>> require that an
eligible recipient described in subparagraph (A),
(B), or (C) of subsection (a)(8) that receives a
grant to provide broadband internet access service
or eligible equipment to students prioritizes
students who--
(I) are eligible to receive a
Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (20
U.S.C. 1070a);
(II) are recipients of any other
need-based financial aid from the
Federal Government, a State, or that
eligible recipient;
(III) are qualifying low-income
consumers for the purposes of the
program carried out under subpart E of
part 54 of title 47, Code of Federal
Regulations, or any successor
regulations;
(IV) are low-income individuals, as
that term is defined in section 312(g)
of the Higher Education Act of 1965 (20
U.S.C. 1058(g)); or
(V) have been approved to receive
unemployment insurance benefits under
any Federal or State law since March 1,
2020;
(iv) provide that a recipient of a grant under
the Pilot Program--
(I) shall use eligible equipment for
a purpose that the recipient considers
to be appropriate, subject to any
restriction provided in those rules (or
any successor rules);
(II) if the recipient lends, or
otherwise provides, eligible equipment
to students or patrons, shall prioritize
lending or providing to such individuals
that the recipient believes do not have
access to that equipment, subject to any
restriction provided in those rules (or
any successor rules); and
(III) may not sell or otherwise
transfer eligible equipment in exchange
for any thing (including a service) of
value;
(v) <<NOTE: Audit.>> include audit
requirements that--
(I) ensure that a recipient of a
grant made under the Pilot Program uses
grant funds in compliance with the
requirements of this section and the
overall purpose of the Pilot Program;
and
(II) prevent waste, fraud, and abuse
in the operation of the Pilot Program;
(vi) provide that not less than 40 percent of
the amount of the grants made under the Pilot
Program are made to Historically Black colleges or
universities; and
(vii) provide that not less than 20 percent of
the amount of the grants made under the Pilot
Program are made to eligible recipients described
in subparagraphs (A), (B), and (C) of subsection
(a)(8) to provide
[[Page 134 STAT. 2127]]
broadband internet access service or eligible
equipment to students of those eligible
recipients.
(2) Fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
Connecting Minority Communities Fund.
(B) Use of fund.--Amounts in the Connecting Minority
Communities Fund established under subparagraph (A)
shall be available to the Assistant Secretary to provide
support under the rules promulgated under paragraph (1).
(3) Interagency coordination.--When making grants under the
Pilot Program, the Assistant Secretary shall coordinate with
other Federal agencies, including the Commission, the National
Science Foundation, and the Department of Education, to ensure
the efficient expenditure of Federal funds, including by
preventing multiple expenditures of Federal funds for the same
purpose.
(4) Audits.--
(A) In general.--For each of fiscal years 2021 and
2022, the Inspector General of the Department of
Commerce shall conduct an audit of the Pilot Program
according to the requirements established under
paragraph (1)(B)(v).
(B) Report.--After completing each audit conducted
under subparagraph (A), the Inspector General of the
Department of Commerce shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that details the findings of
the audit.
(5) Direct appropriation.--There is appropriated, out of
amounts in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2021, to remain available until
expended, $285,000,000 to the Connecting Minority Communities
Fund established under paragraph (2).
(6) Termination.--Except with respect to the report required
under paragraph (7) and the authority of the Secretary of
Commerce and the Inspector General of the Department of Commerce
described in paragraph (8), the Pilot Program, including all
reporting requirements under this section, shall terminate on
the date on which the amounts made available to carry out the
Pilot Program are fully expended.
(7) <<NOTE: Consultation.>> Report.--Not later than 90 days
after the date on which the Pilot Program terminates under
paragraph (6), the Assistant Secretary, after consulting with
eligible recipients that received grants under the Pilot
Program, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that--
(A) describes the manner in which the Pilot Program
was carried out;
(B) identifies each eligible recipient that received
a grant under the Pilot Program; and
(C) contains information regarding the effectiveness
of the Pilot Program, including lessons learned in
carrying out the Pilot Program and recommendations for
future action.
[[Page 134 STAT. 2128]]
(8) Savings provision.--The termination of the Pilot Program
under paragraph (6) shall not limit, alter, or affect the
ability of the Secretary of Commerce or the Inspector General of
the Department of Commerce to--
(A) investigate waste, fraud, and abuse with respect
to the Pilot Program; or
(B) recover funds that are misused under the Pilot
Program.
SEC. 903. <<NOTE: 47 USC 254 note.>> FCC COVID-19 TELEHEALTH
PROGRAM.
(a) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives;
(2) the term ``Commission'' means the Federal Communications
Commission; and
(3) the term ``COVID-19 Telehealth Program'' or ``Program''
means the COVID-19 Telehealth Program established by the
Commission under the authority provided under the heading
``salaries and expenses'' under the heading ``Federal
Communications Commission'' under the heading ``INDEPENDENT
AGENCIES'' in title V of division B of the CARES Act (Public Law
116-136; 134 Stat. 531).
(b) <<NOTE: Transfer authority.>> Additional Appropriation.--Out of
amounts in the Treasury not otherwise appropriated, there is
appropriated $249,950,000 in additional funds for the COVID-19
Telehealth Program, of which $50,000 shall be transferred by the
Commission to the Inspector General of the Commission for oversight of
the COVID-19 Telehealth Program.
(c) Administrative Provisions.--
(1) Evaluation of applications.--
(A) <<NOTE: Deadline. Time period.>> Public
notice.--Not later than 10 days after the date of
enactment of this Act, the Commission shall issue a
Public Notice establishing a 10-day period during which
the Commission will seek comments on--
(i) the metrics the Commission should use to
evaluate applications for funding under this
section; and
(ii) how the Commission should treat
applications filed during the funding rounds for
awards from the COVID-19 Telehealth Program using
amounts appropriated under the CARES Act (Public
Law 116-36; 134 Stat. 281).
(B) <<NOTE: Deadline.>> Congressional notice.--
After the end of the comment period under subparagraph
(A), and not later than 15 days before the Commission
first commits funds under this section, the Commission
shall provide notice to the appropriate congressional
committees of the metrics the Commission plans to use to
evaluate applications for those funds.
(2) Equitable distribution.--To the extent feasible, the
Commission shall ensure, in providing assistance under the
COVID-19 Telehealth Program from amounts made available under
subsection (b), that not less than 1 applicant in each
[[Page 134 STAT. 2129]]
of the 50 States and the District of Columbia has received
funding from the Program since the inception of the Program,
unless there is no such applicant eligible for such assistance
in a State or in the District of Columbia, as the case may be.
(3) Previous applicants.--The Commission shall allow an
applicant who filed an application during the funding rounds for
awards from the COVID-19 Telehealth Program using amounts
appropriated under the CARES Act (Public Law 116-36; 134 Stat.
281) the opportunity to update or amend that application as
necessary.
(4) Information.--To the extent feasible, the Commission
shall provide each applicant for funding from the COVID-19
Telehealth Program, if requested, with--
(A) information on the status of the application;
and
(B) a rationale for the final funding decision for
the application, after making that decision.
(5) Denial.--If the Commission chooses to deny an
application for funding from the COVID-19 Telehealth Program,
the Commission shall--
(A) <<NOTE: Notice.>> issue notice to the applicant
of the intent of the Commission to deny the application
and the grounds for that decision;
(B) <<NOTE: Deadline.>> provide the applicant with
10 days to submit any supplementary information that the
applicant determines relevant; and
(C) consider any supplementary information submitted
under subparagraph (B) in making any final decision with
respect to the application.
(d) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, and every 30 days thereafter until all funds made
available under this section have been expended, the Commission shall
submit to the appropriate congressional committees a report on the
distribution of funds appropriated for the COVID-19 Telehealth Program
under the CARES Act (Public Law 116-36; 134 Stat. 281) or under this
section, which shall include--
(1) non-identifiable and aggregated data on deficient and
rejected applications;
(2) non-identifiable and aggregated data on applications for
which no award determination was made;
(3) information on the total number of applicants;
(4) information on the total dollar amount of requests for
awards made under this section; and
(5) information on applicant outreach and technical
assistance.
(e) Paperwork Reduction Act Requirements.--A collection of
information conducted or sponsored under any regulations required to
implement this section shall not constitute a collection of information
for the purposes of subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork Reduction Act'').
SEC. 904. <<NOTE: 47 USC 1301 note.>> BENEFIT FOR BROADBAND
SERVICE DURING EMERGENCY PERIOD RELATING
TO COVID-19.
(a) Definitions.--In this section:
[[Page 134 STAT. 2130]]
(1) Broadband internet access service.--The term ``broadband
internet access service'' has the meaning given such term in
section 8.1(b) of title 47, Code of Federal Regulations, or any
successor regulation.
(2) Broadband provider.--The term ``broadband provider''
means a provider of broadband internet access service.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Connected device.--The term ``connected device'' means a
laptop or desktop computer or a tablet.
(5) Designated as an eligible telecommunications carrier.--
The term ``designated as an eligible telecommunications
carrier'', with respect to a broadband provider, means the
broadband provider is designated as an eligible
telecommunications carrier under section 214(e) of the
Communications Act of 1934 (47 U.S.C. 214(e)).
(6) Eligible household.--The term ``eligible household''
means, regardless of whether the household or any member of the
household receives support under subpart E of part 54 of title
47, Code of Federal Regulations (or any successor regulation),
and regardless of whether any member of the household has any
past or present arrearages with a broadband provider, a
household in which--
(A) at least one member of the household meets the
qualifications in subsection (a) or (b) of section
54.409 of title 47, Code of Federal Regulations (or any
successor regulation);
(B) at least one member of the household has applied
for and been approved to receive benefits under the free
and reduced price lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) or the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(C) at least one member of the household has
experienced a substantial loss of income since February
29, 2020, that is documented by layoff or furlough
notice, application for unemployment insurance benefits,
or similar documentation or that is otherwise verifiable
through the National Verifier or National Lifeline
Accountability Database;
(D) at least one member of the household has
received a Federal Pell Grant under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) in the
current award year, if such award is verifiable through
the National Verifier or National Lifeline
Accountability Database or the participating provider
verifies eligibility under subsection (a)(2)(B); or
(E) at least one member of the household meets the
eligibility criteria for a participating provider's
existing low-income or COVID-19 program, subject to the
requirements of subsection (a)(2)(B) and any other
eligibility requirements the Commission may consider
necessary for the public interest.
(7) Emergency broadband benefit.--The term ``emergency
broadband benefit'' means a monthly discount for an eligible
household applied to the actual amount charged to such
household, which shall be no more than the standard
[[Page 134 STAT. 2131]]
rate for an internet service offering and associated equipment,
in an amount equal to such amount charged, but not more than
$50, or, if an internet service offering is provided to an
eligible household on Tribal land, not more than $75.
(8) Emergency period.--The term ``emergency period'' means
the period that--
(A) begins on the date of the enactment of this Act;
and
(B) ends on the date that is 6 months after the date
on which the determination by the Secretary of Health
and Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d) that a public health
emergency exists as a result of COVID-19, including any
renewal thereof, terminates.
(9) Internet service offering.--The term ``internet service
offering'' means, with respect to a broadband provider,
broadband internet access service provided by such provider to a
household, offered in the same manner, and on the same terms, as
described in any of such provider's offerings for broadband
internet access service to such household, as on December 1,
2020.
(10) National lifeline accountability database.--The term
``National Lifeline Accountability Database'' has the meaning
given such term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(11) National verifier.--The term ``National Verifier'' has
the meaning given such term in section 54.400 of title 47, Code
of Federal Regulations, or any successor regulation.
(12) Participating provider.--The term ``participating
provider'' means a broadband provider that--
(A)(i) is designated as an eligible
telecommunications carrier; or
(ii) meets requirements established by the
Commission for participation in the Emergency Broadband
Benefit Program and is approved by the Commission under
subsection (d)(2); and
(B) elects to participate in the Emergency Broadband
Benefit Program.
(13) Standard rate.--The term ``standard rate'' means the
monthly retail rate for the applicable tier of broadband
internet access service as of December 1, 2020, excluding any
taxes or other governmental fees.
(b) Emergency Broadband Benefit Program.--
(1) Establishment.--The Commission shall establish a
program, to be known as the ``Emergency Broadband Benefit
Program'', under which the Commission shall, in accordance with
this section, reimburse, using funds from the Emergency
Broadband Connectivity Fund established in subsection (i), a
participating provider for an emergency broadband benefit, or an
emergency broadband benefit and a connected device, provided to
an eligible household during the emergency period.
(2) Verification of eligibility.--To verify whether a
household is an eligible household, a participating provider
shall--
(A) use the National Verifier or National Lifeline
Accountability Database;
[[Page 134 STAT. 2132]]
(B) rely upon an alternative verification process of
the participating provider, if--
(i) the participating provider submits
information as required by the Commission
regarding the alternative verification process
prior to seeking reimbursement; and
(ii) <<NOTE: Deadline.>> not later than 7
days after receiving the information required
under clause (i), the Commission--
(I) <<NOTE: Determination.>>
determines that the alternative
verification process will be sufficient
to avoid waste, fraud, and abuse; and
(II) <<NOTE: Notification.>>
notifies the participating provider of
the determination under subclause (I);
or
(C) rely on a school to verify the eligibility of a
household based on the participation of the household in
the free and reduced price lunch program or the school
breakfast program described in subsection (a)(6)(B).
(3) Use of national verifier and national lifeline
accountability database.--The Commission shall--
(A) expedite the ability of all participating
providers to access the National Verifier and National
Lifeline Accountability Database for purposes of
determining whether a household is an eligible
household, without regard to whether a participating
provider is designated as an eligible telecommunications
carrier; and
(B) <<NOTE: Deadline. Determination.>> ensure that
the National Verifier and National Lifeline
Accountability Database approve an eligible household to
receive the emergency broadband benefit not later than 2
days after the date of the submission of information
necessary to determine if such household is an eligible
household.
(4) Reimbursement.--From the Emergency Broadband
Connectivity Fund established in subsection (i), the Commission
shall reimburse a participating provider in an amount equal to
the emergency broadband benefit with respect to an eligible
household that receives such benefit from such participating
provider during the emergency period.
(5) Reimbursement for connected device.--A participating
provider that, during the emergency period, in addition to
providing the emergency broadband benefit to an eligible
household, supplies such household with a connected device may
be reimbursed up to $100 from the Emergency Broadband
Connectivity Fund established in subsection (i) for such
connected device, if the charge to such eligible household is
more than $10 but less than $50 for such connected device,
except that a participating provider may receive reimbursement
for no more than 1 connected device per eligible household.
(6) Certification required.--To receive a reimbursement
under paragraph (4) or (5), a participating provider shall
certify to the Commission the following:
(A) That the amount for which the participating
provider is seeking reimbursement from the Emergency
Broadband Connectivity Fund established in subsection
(i) for providing an internet service offering to an
eligible household is not more than the standard rate.
[[Page 134 STAT. 2133]]
(B) That each eligible household for which the
participating provider is seeking reimbursement for
providing an internet service offering discounted by the
emergency broadband benefit--
(i) has not been and will not be charged--
(I) for such offering, if the
standard rate for such offering is less
than or equal to the amount of the
emergency broadband benefit for such
household; or
(II) more for such offering than the
difference between the standard rate for
such offering and the amount of the
emergency broadband benefit for such
household;
(ii) will not be required to pay an early
termination fee if such eligible household elects
to enter into a contract to receive such internet
service offering if such household later
terminates such contract;
(iii) was not, after the date of the enactment
of this Act, subject to a mandatory waiting period
for such internet service offering based on having
previously received broadband internet access
service from such participating provider; and
(iv) will otherwise be subject to the
participating provider's generally applicable
terms and conditions as applied to other
customers.
(C) That each eligible household for which the
participating provider is seeking reimbursement for
supplying such household with a connected device has not
been and will not be charged $10 or less or $50 or more
for such device.
(D) A description of the process used by the
participating provider to verify that a household is an
eligible household, if the provider elects an
alternative verification process under paragraph (2)(B),
and that such verification process was designed to avoid
waste, fraud, and abuse.
(7) Audit requirements.--The Commission shall adopt audit
requirements to ensure that participating providers are in
compliance with the requirements of this section and to prevent
waste, fraud, and abuse in the Emergency Broadband Benefit
Program. A finding of waste, fraud, or abuse or an improper
payment (as such term is defined in section 2(d) of the Improper
Payments Information Act of 2002 (31 U.S.C. 3321 note))
identified by the Commission or the Inspector General of the
Commission shall include the following:
(A) The name of the participating provider.
(B) The amount of funding made available from the
Emergency Broadband Connectivity Fund to the
participating provider.
(C) The amount of funding determined to be an
improper payment to a participating provider.
(D) A description of to what extent funding made
available from the Emergency Broadband Connectivity Fund
that was an improper payment was used for a
reimbursement for a connected device or a reimbursement
for an internet service offering.
(E) Whether, in the case of a connected device, such
device, or the value thereof, has been recovered.
[[Page 134 STAT. 2134]]
(F) Whether any funding from the Emergency Broadband
Connectivity Fund was made available to a participating
provider for an emergency broadband benefit for a person
outside the eligible household.
(G) Whether any funding from the Emergency Broadband
Connectivity Fund was made available to reimburse a
participating provider for an emergency broadband
benefit made available to an eligible household in which
all members of such household necessary to satisfy the
eligibility requirements described in subsection (a)(6)
were deceased.
(8) <<NOTE: Deadline.>> Random audit required.--Not later
than 1 year after the date of the enactment of this Act, the
Inspector General of the Commission shall conduct an audit of a
representative sample of participating providers receiving
reimbursements under the Emergency Broadband Benefit Program.
(9) <<NOTE: Deadline.>> Notification of audit findings.--
Not later than 7 days after a finding made by the Commission
under the requirements of paragraph (7), the Commission shall
notify the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate with any information described in
such paragraph that the Commission has obtained.
(10) Expiration of program.--At the conclusion of the
Emergency Broadband Benefit Program, any participating eligible
households shall be subject to a participating provider's
generally applicable terms and conditions.
(c) Regulations Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 60 days
after the date of the enactment of this Act, the Commission
shall promulgate regulations to implement this section.
(2) Comment periods.--As part of the rulemaking under
paragraph (1), the Commission shall--
(A) provide a 20-day public comment period that
begins not later than 5 days after the date of the
enactment of this Act;
(B) provide a 20-day public reply comment period
that immediately follows the period under subparagraph
(A); and
(C) during the comment periods under subparagraphs
(A) and (B), seek comment on--
(i) the provision of assistance from the
Emergency Broadband Connectivity Fund established
in subsection (i) consistent with this section;
and
(ii) other related matters.
(d) Eligibility of Providers.--
(1) Relation to eligible telecommunications carrier
designation.--The Commission may not require a broadband
provider to be designated as an eligible telecommunications
carrier in order to be a participating provider.
(2) Expedited approval process.--
(A) In general.--The Commission shall establish an
expedited process by which the Commission approves as
participating providers broadband providers that are not
designated as eligible telecommunications carriers and
elect to participate in the Emergency Broadband Benefit
Program.
[[Page 134 STAT. 2135]]
(B) Exception.--Notwithstanding subparagraph (A),
the Commission shall automatically approve as a
participating provider a broadband provider that has an
established program as of April 1, 2020, that is widely
available and offers internet service offerings to
eligible households and maintains verification processes
that are sufficient to avoid fraud, waste, and abuse.
(e) Rule of Construction.--Nothing in this section shall affect the
collection, distribution, or administration of the Lifeline Assistance
Program governed by the rules set forth in subpart E of part 54 of title
47, Code of Federal Regulations (or any successor regulation).
(f) Part 54 Regulations.--Nothing in this section shall be construed
to prevent the Commission from providing that the regulations in part 54
of title 47, Code of Federal Regulations, or any successor regulation,
shall apply in whole or in part to the Emergency Broadband Benefit
Program, shall not apply in whole or in part to such Program, or shall
be modified in whole or in part for purposes of application to such
Program.
(g) Enforcement.--A violation of this section or a regulation
promulgated under this section shall be treated as a violation of the
Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation
promulgated under such Act. The Commission shall enforce this section
and the regulations promulgated under this section in the same manner,
by the same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Communications Act of
1934 were incorporated into and made a part of this section.
(h) Exemptions.--
(1) Certain rulemaking requirements.--Section 553 of title
5, United States Code, shall not apply to a regulation
promulgated under subsection (c) or a rulemaking proceeding to
promulgate such a regulation.
(2) Paperwork reduction act requirements.--A collection of
information conducted or sponsored under the regulations
required by subsection (c) shall not constitute a collection of
information for the purposes of subchapter I of chapter 35 of
title 44, United States Code (commonly referred to as the
Paperwork Reduction Act).
(i) Emergency Broadband Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Emergency Broadband
Connectivity Fund.
(2) Appropriation.--There is appropriated to the Emergency
Broadband Connectivity Fund, out of any money in the Treasury
not otherwise appropriated, $3,200,000,000 for fiscal year 2021,
to remain available until expended.
(3) Use of funds.--Amounts in the Emergency Broadband
Connectivity Fund shall be available to the Commission for
reimbursements to participating providers under this section,
and the Commission may use not more than 2 percent of such
amounts to administer the Emergency Broadband Benefit Program.
(4) Relationship to universal service contributions.--
Reimbursements provided under this section shall be provided
from amounts made available under this subsection and not
[[Page 134 STAT. 2136]]
from contributions under section 254(d) of the Communications
Act of 1934 (47 U.S.C. 254(d)).
(5) Use of universal service administrative company
permitted.--The Commission shall have the authority to avail
itself of the services of the Universal Service Administrative
Company to implement the Emergency Broadband Benefit Program,
including developing and processing reimbursements and
distributing funds to participating providers.
(j) Safe Harbor.--The Commission may not enforce a violation of this
section under section 501, 502, or 503 of the Communications Act of 1934
(47 U.S.C. 501; 502; 503), or any rules of the Commission promulgated
under such sections of such Act, if a participating provider
demonstrates to the Commission that such provider relied in good faith
on information provided to such provider to make the verification
required by subsection (b)(2).
SEC. 905. <<NOTE: 47 USC 1305 note.>> GRANTS FOR BROADBAND
CONNECTIVITY.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(2) Broadband or broadband service.--The term ``broadband''
or ``broadband service'' has the meaning given the term
``broadband internet access service'' in section 8.1(b) of title
47, Code of Federal Regulations, or any successor regulation.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Covered broadband project.--The term ``covered broadband
project'' means a competitively and technologically neutral
project for the deployment of fixed broadband service that
provides qualifying broadband service in an eligible service
area.
(5) Covered partnership.--The term ``covered partnership''
means a partnership between--
(A) a State, or 1 or more political subdivisions of
a State; and
(B) a provider of fixed broadband service.
(6) Department.--The term ``Department'' means the
Department of Commerce.
(7) Eligible service area.--The term ``eligible service
area'' means a census block in which broadband service is not
available at 1 or more households or businesses in the census
block, as determined by the Assistant Secretary on the basis
of--
(A) the maps created under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)); or
(B) if the maps described in subparagraph (A) are
not available, the most recent information available to
the Assistant Secretary, including information provided
by the Commission.
(8) Eligible entity.--The term ``eligible entity'' means--
(A) a Tribal Government;
(B) a Tribal College or University;
(C) the Department of Hawaiian Home Lands on behalf
of the Native Hawaiian Community, including Native
Hawaiian Education Programs;
[[Page 134 STAT. 2137]]
(D) a Tribal organization; or
(E) a Native Corporation.
(9) Native corporation.--The term ``Native Corporation'' has
the meaning given the term in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
(10) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4221).
(11) Qualifying broadband service.--The term ``qualifying
broadband service'' means broadband service with--
(A) a download speed of not less than 25 megabits
per second;
(B) an upload speed of not less than 3 megabits per
second; and
(C) a latency sufficient to support real-time,
interactive applications.
(12) Tribal government.--The term ``Tribal Government''
means the governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually recognized (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(13) Tribal land.--The term ``Tribal land'' means--
(A) any land located within the boundaries of--
(i) an Indian reservation, pueblo, or
rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to
which is held--
(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
(ii) by an Indian Tribe or an individual
Indian, subject to restriction against alienation
under laws of the United States; or
(iii) by a dependent Indian community;
(C) any land located within a region established
pursuant to section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a));
(D) Hawaiian Home Lands, as defined in section 801
of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221); or
(E) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department
of the Interior that are near, adjacent, or contiguous
to reservations where financial assistance and social
service programs are provided to Indians because of
their status as Indians.
(14) Unserved.--The term ``unserved'', with respect to a
household, means--
(A) the household lacks access to qualifying
broadband service; and
(B) no broadband provider has been selected to
receive, or is otherwise receiving, Federal or State
funding subject to enforceable build out commitments to
deploy qualifying
[[Page 134 STAT. 2138]]
broadband service in the specific area where the
household is located by dates certain, even if such
service is not yet available, provided that the Federal
or State agency providing the funding has not deemed the
service provider to be in default of its buildout
obligations under the applicable Federal or State
program.
(b) Direct Appropriation.--There is appropriated to the Assistant
Secretary, out of amounts in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 2021, to remain available until
expended--
(1) $1,000,000,000 for grants under subsection (c); and
(2) $300,000,000 for grants under subsection (d).
(c) Tribal Broadband Connectivity Program.--
(1) Tribal broadband connectivity grants.--The Assistant
Secretary shall use the funds made available under subsection
(b)(1) to implement a program to make grants to eligible
entities to expand access to and adoption of--
(A) broadband service on Tribal land; or
(B) remote learning, telework, or telehealth
resources during the COVID-19 pandemic.
(2) Grants.--From the amounts appropriated under subsection
(b)(1), the Assistant Secretary shall award a grant to each
eligible entity that submits an application that the Assistant
Secretary approves after consultation with the Commission to
prevent duplication of funding.
(3) Allocations.--
(A) Equitable distribution.--The amounts
appropriated under subsection (b)(1) shall be made
available to eligible entities on an equitable basis,
and not less than 3 percent of those amounts shall be
made available for the benefit of Native Hawaiians.
(B) Administrative expenses of assistant
secretary.--The Assistant Secretary may use not more
than 2 percent of amounts appropriated under subsection
(b)(1) for administrative purposes, including the
provision of technical assistance to Tribal Governments
to help those Governments take advantage of the program
established under this subsection.
(4) Use of grant funds.--
(A) Commitment deadline.--
(i) In general.--Not later than 180 days after
receiving grant funds under this subsection, an
eligible entity shall commit the funds in
accordance with the approved application of the
entity.
(ii) Reversion of funds.--Any grant funds not
committed by an eligible entity by the deadline
under clause (i) shall revert to the general fund
of the Treasury.
(B) Expenditure deadline.--
(i) In general.--Not later than 1 year after
receiving grant funds under this subsection, an
eligible entity shall expend the grant funds.
(ii) <<NOTE: Certification.>> Extensions for
infrastructure projects.--The Assistant Secretary
may extend the period under clause (i) for an
eligible entity that proposes to use the grant
funds for construction of broadband infrastructure
if the eligible entity certifies that--
[[Page 134 STAT. 2139]]
(I) the eligible entity has a plan
for use of the grant funds;
(II) the construction project is
underway; or
(III) extenuating circumstances
require an extension of time to allow
the project to be completed.
(iii) Reversion of funds.--Any grant funds not
expended by an eligible entity by the deadline
under clause (i) shall be made available to other
eligible entities for the purposes provided in
this subsection.
(5) Eligible uses.--An eligible entity may use grant funds
made available under this subsection for--
(A) broadband infrastructure deployment, including
support for the establishment of carrier-neutral
submarine cable landing stations;
(B) affordable broadband programs, including--
(i) providing free or reduced-cost broadband
service; and
(ii) preventing disconnection of existing
broadband service;
(C) distance learning;
(D) telehealth;
(E) digital inclusion efforts; and
(F) broadband adoption activities.
(6) Administrative expenses of eligible entities.--An
eligible entity may use not more than 2 percent of grant funds
received under this subsection for administrative purposes.
(7) Subgrantees.--
(A) In general.--An eligible entity may enter into a
contract with a subgrantee, including a non-Tribal
entity, as part of its use of grant funds pursuant to
this subsection.
(B) Requirements.--An eligible entity that enters
into a contract with a subgrantee for use of grant funds
received under this subsection shall--
(i) before entering into the contract, after a
reasonable investigation, make a determination
that the subgrantee--
(I) is capable of carrying out the
project for which grant funds will be
provided in a competent manner in
compliance with all applicable laws;
(II) has the financial capacity to
meet the obligations of the project and
the requirements of this subsection; and
(III) has the technical and
operational capability to carry out the
project; and
(ii) stipulate in the contract reasonable
provisions for recovery of funds for
nonperformance.
(8) Broadband infrastructure deployment.--In using grant
funds received under this subsection for new construction of
broadband infrastructure, an eligible entity shall prioritize
projects that deploy broadband infrastructure to unserved
households.
(d) Broadband Infrastructure Program.--
(1) Broadband infrastructure deployment grants.--The
Assistant Secretary shall use the funds made available under
subsection (b)(2) to implement a program under which
[[Page 134 STAT. 2140]]
the Assistant Secretary makes grants on a competitive basis to
covered partnerships for covered broadband projects.
(2) Mapping.--
(A) Data from commission.--Not less frequently than
annually, the Commission shall, through the process
established under section 802(b)(7)) of the
Communications Act of 1934 (47 U.S.C. 642(b)(7)),
provide the Assistant Secretary any data collected by
the Commission pursuant to title VIII of that Act (47
U.S.C. 641 et seq.).
(B) Use by assistant secretary.--The Assistant
Secretary shall rely on the data provided under
subparagraph (A) in carrying out this subsection to the
greatest extent practicable.
(3) Eligibility requirements.--To be eligible for a grant
under this subsection, a covered partnership shall submit an
application at such time, in such manner, and containing such
information as the Assistant Secretary may require, which
application shall, at a minimum, include a description of--
(A) the covered partnership;
(B) the covered broadband project to be funded by
the grant, including--
(i) the speed or speeds at which the covered
partnership plans to offer broadband service; and
(ii) the cost of the project;
(C) the area to be served by the covered broadband
project (in this paragraph referred to as the ``proposed
service area'');
(D) any support provided to the provider of
broadband service that is part of the covered
partnership through--
(i) any grant, loan, or loan guarantee
provided by a State to the provider of broadband
service for the deployment of broadband service in
the proposed service area;
(ii) any grant, loan, or loan guarantee with
respect to the proposed service area provided by
the Secretary of Agriculture--
(I) under title VI of the Rural
Electrification Act of 1936 (7 U.S.C.
950bb et seq.), including--
(aa) any program to provide
grants, loans, or loan
guarantees under sections 601
through 603 of that Act (7
U.S.C. 950bb et seq.); and
(bb) the Community Connect
Grant Program established under
section 604 of that Act (7
U.S.C. 950bb-3); or
(II) the broadband loan and grant
pilot program known as the ``Rural
eConnectivity Pilot Program'' or the
``ReConnect Program'' authorized under
section 779 of division A of the
Consolidated Appropriations Act, 2018
(Public Law 115-141; 132 Stat. 348);
(iii) any high-cost universal service support
provided under section 254 of the Communications
Act of 1934 (47 U.S.C. 254);
(iv) any grant provided under section 6001 of
the American Recovery and Reinvestment Act of 2009
(47 U.S.C. 1305);
[[Page 134 STAT. 2141]]
(v) amounts made available for the Education
Stabilization Fund under the heading ``DEPARTMENT
OF EDUCATION'' in title VIII of division B of the
CARES Act (Public Law 116-136; 134 Stat. 564); or
(vi) any other grant, loan, or loan guarantee
provided by the Federal Government for the
provision of broadband service.
(4) Priority.--In awarding grants under this subsection, the
Assistant Secretary shall give priority to applications for
covered broadband projects as follows, in decreasing order of
priority:
(A) Covered broadband projects designed to provide
broadband service to the greatest number of households
in an eligible service area.
(B) Covered broadband projects designed to provide
broadband service in an eligible service area that is
wholly within any area other than--
(i) a county, city, or town that has a
population of more than 50,000 inhabitants; and
(ii) the urbanized area contiguous and
adjacent to a city or town described in clause
(i).
(C) Covered broadband projects that are the most
cost-effective, prioritizing such projects in areas that
are the most rural.
(D) Covered broadband projects designed to provide
broadband service with a download speed of not less than
100 megabits per second and an upload speed of not less
than 20 megabits per second.
(E) Any other covered broadband project that meets
the requirements of this subsection.
(5) Expenditure deadline.--
(A) In general.--Not later than 1 year after
receiving grant funds under this subsection, a covered
partnership shall expend the grant funds.
(B) Extensions.--The Assistant Secretary may extend
the period under subparagraph (A) for a covered
partnership that proposes to use the grant funds for
construction of broadband infrastructure if the covered
partnership certifies that--
(i) the covered partnership has a plan for use
of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an
extension of time to allow the project to be
completed.
(C) Reversion of funds.--Any grant funds not
expended by an covered partnership by the deadline under
subparagraph (A) shall be made available to other
covered partnerships for the purposes provided in this
subsection.
(6) Grant conditions.--
(A) Prohibitions.--As a condition of receiving a
grant under this subsection, the Assistant Secretary
shall prohibit a provider of broadband service that is
part of a covered partnership receiving the grant--
(i) from using the grant amounts to repay, or
make any other payment relating to, a loan made by
any public or private lender;
[[Page 134 STAT. 2142]]
(ii) from using grant amounts as collateral
for a loan made by any public or private lender;
and
(iii) from using more than $50,000 of the
grant amounts to pay for the preparation of the
grant.
(B) Nondiscrimination.--The Assistant Secretary may
not require a provider of broadband service that is part
of a covered partnership to be designated as an eligible
telecommunications carrier pursuant to section 214(e) of
the Communications Act of 1934 (47 U.S.C. 214(e)) to be
eligible to receive a grant under this subsection or as
a condition of receiving a grant under this subsection.
(e) Implementation.--
(1) <<NOTE: Time period.>> Requirements; outreach.--Not
earlier than 30 days, and not later than 60 days, after the date
of enactment of this Act, the Assistant Secretary shall--
(A) <<NOTE: Notice.>> issue a notice inviting
eligible entities and covered partnerships to submit
applications for grants under this section, which shall
contain details about how awarding decisions will be
made; and
(B) outline--
(i) the requirements for applications for
grants under this section; and
(ii) the allowed uses of grant funds awarded
under this section.
(2) Applications.--
(A) <<NOTE: Time period.>> Submission.--During the
90-day period beginning on the date on which the
Assistant Secretary issues the notice under paragraph
(1), an eligible entity or covered partnership may
submit an application for a grant under this section.
(B) <<NOTE: Deadline.>> Processing.--
(i) In general.--Not later than 90 days after
receiving an application under subparagraph (A),
the Assistant Secretary shall approve or deny the
application.
(ii) Denial.--The Assistant Secretary may deny
an application submitted under subparagraph (A)
only if--
(I) the Assistant Secretary provides
the applicant an opportunity to cure any
defects in the application; and
(II) after receiving the opportunity
under subclause (I), the applicant still
fails to meet the requirements of this
section.
(C) Single application.--An eligible entity or
covered partnership may submit only 1 application under
this paragraph.
(D) Proposed use of funds.--An application submitted
by an eligible entity or a covered partnership under
this paragraph shall describe each proposed use of grant
funds.
(E) <<NOTE: Deadline.>> Allocation of funds.--Not
later than 14 days after approving an application for a
grant under this paragraph, the Assistant Secretary
shall allocate the grant funds to the eligible entity or
covered partnership.
(F) Treatment of unallocated funds.--
[[Page 134 STAT. 2143]]
(i) In general.--If an eligible entity or
covered partnership does not submit an application
by the deadline under subparagraph (A), or the
Assistant Secretary does not approve an
application submitted by an eligible entity or a
covered partnership under that subparagraph, the
Assistant Secretary shall make the amounts
allocated for, as applicable--
(I) the eligible entity under
subsection (c) available to other
eligible entities on an equitable basis;
or
(II) the covered partnership under
subsection (d) to other covered
partnerships.
(ii) <<NOTE: Notice.>> Second process.--The
Assistant Secretary shall initiate a second notice
and application process described in this
subsection to reallocate any funds made available
to other eligible entities or covered partnerships
under clause (i).
(3) Transparency, accountability, and oversight required.--
In <<NOTE: Audit.>> implementing this section, the Assistant
Secretary shall adopt measures, including audit requirements,
to--
(A) ensure sufficient transparency, accountability,
and oversight to provide the public with information
regarding the award and use of grant funds under this
section;
(B) ensure that a recipient of a grant under this
section uses the grant funds in compliance with the
requirements of this section and the overall purpose of
the applicable grant program under this section; and
(C) deter waste, fraud, and abuse of grant funds.
(4) Prohibition on use for covered communications equipment
or services.--An eligible entity or covered partnership may not
use grant funds received under this section to purchase or
support any covered communications equipment or service (as
defined in section 9 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1608)).
(5) <<NOTE: Determination.>> Unauthorized use of funds.--To
the extent that the Assistant Secretary or the Inspector General
of the Department determines that an eligible entity or covered
partnership has expended grant funds received under this section
in violation of this section, the Assistant Secretary shall
recover the amount of funds that were so expended.
(f) Reporting.--
(1) Eligible entities and covered partnerships.--
(A) <<NOTE: Time period.>> Annual report.--Not
later than 1 year after receiving grant funds under this
section, and annually thereafter until the funds have
been expended, an eligible entity or covered partnership
shall submit to the Assistant Secretary a report, with
respect to the 1-year period immediately preceding the
report date, that--
(i) describes how the eligible entity or
covered partnership expended the funds;
(ii) <<NOTE: Certification.>> certifies that
the eligible entity or covered partnership
complied with the requirements of this section and
with any additional reporting requirements
prescribed by the Assistant Secretary, including--
(I) a description of each service
provided with the grant funds; and
[[Page 134 STAT. 2144]]
(II) the number of locations or
geographic areas at which broadband
service was provided using the grant
funds; and
(iii) identifies each subgrantee that received
a subgrant from the eligible entity or covered
partnership and a description of the specific
project for which grant funds were provided.
(B) Provision of information to fcc and usda.--
The <<NOTE: Determination.>> Assistant Secretary shall
provide the information collected under subparagraph (A)
to the Commission and the Department of Agriculture to
be used when determining whether to award funds for the
deployment of broadband under any program administered
by those agencies.
(C) Transmission of reports to congress.--Not later
than 5 days after receiving a report from an eligible
entity under subparagraph (A), the Assistant Secretary
shall transmit the report to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(2) <<NOTE: Deadline. Time period.>> Inspector general and
gao.--Not later than 6 months after the date on which the first
grant is awarded under this section, and every 6 months
thereafter until all of the grant funds awarded under this
section are expended, the Inspector General of the Department
and the Comptroller General of the United States shall each
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that reviews the grants
awarded under this section during the preceding 6-month
period. <<NOTE: Recommenda- tions.>> Each such report shall
include recommendations to address waste, fraud, and abuse, if
any.
(g) Impact on Other Federal Broadband Programs.--The use of grant
funds received under this section by an eligible entity, covered
partnership, or subgrantee shall not impact the eligibility of, or
otherwise disadvantage, the eligible entity, covered partnership, or
subgrantee with respect to participation in any other Federal broadband
program.
SEC. 906. APPROPRIATIONS FOR FEDERAL COMMUNICATIONS COMMISSION
ACTIVITIES.
There is appropriated to the Federal Communications Commission, out
of amounts in the Treasury not otherwise appropriated, for fiscal year
2021, to remain available until expended--
(1) $65,000,000 to carry out title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.); and
(2) $1,900,000,000 to carry out the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.), of
which $1,895,000,000 shall be used to carry out the program
established under section 4 of that Act (47 U.S.C. 1603).
[[Page 134 STAT. 2145]]
TITLE X--MISCELLANEOUS
SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION.
Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3))
is amended by striking ``December 30, 2020'' and inserting ``December
31, 2021''.
SEC. 1002. <<NOTE: Applicability. 41 USC 6301 note prec.>>
CONTRACTOR PAY.
Section 3610 of division A of the CARES Act (Public Law 116-136)
shall be applied by substituting ``March 31, 2021'' for ``September 30,
2020''.
SEC. 1003. RESCISSIONS.
(a) Exchange Stabilization Fund.--
(1) Immediate rescission.--Of the unobligated balances made
available under section 4027 of the CARES Act (15 U.S.C. 9061),
$429,000,000,000 shall be permanently rescinded on the date of
enactment of this Act.
(2) Subsequent rescission of remaining funds.--
(A) In general.--Except as provided in subparagraph
(C), any remaining unobligated balances made available
under section 4027 of the CARES Act (15 U.S.C. 9061)
shall be permanently rescinded on January 9, 2021.
(B) Applicability.--Notwithstanding the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) or any
other provision of law, the rescission in subparagraph
(A) shall apply to--
(i) the obligated but not disbursed credit
subsidy cost of all loans, loan guarantees, and
other investments that the Secretary of the
Treasury has made or committed to make under
section 4003(b)(4) of the CARES Act (15 U.S.C.
9042(b)(4)); and
(ii) the obligated and disbursed credit
subsidy cost of all loans, loan guarantees, and
other investments that--
(I) the Secretary of the Treasury
has made or committed to make under
section 4003(b)(4) of the CARES Act (15
U.S.C. 9042(b)(4)); and
(II) are not needed to meet the
commitments, as of January 9, 2021, of
the programs and facilities established
under section 13(3) of the Federal
Reserve Act (12 U.S.C. 343(3)) in which
the Secretary of the Treasury has made
or committed to make a loan, loan
guarantee, or other investment using
funds appropriated under section 4027 of
the CARES Act (15 U.S.C. 9061).
(C) Exceptions.--
(i) Administrative expenses.--The $100,000,000
made available under section 4003(f) of the CARES
Act (15 U.S.C. 9042(f)) to pay costs and
administrative expenses--
(I) shall not be rescinded under
this paragraph; and
(II) shall be used exclusively for
the specific purposes described in that
section.
(ii) Special inspector general for pandemic
recovery.--The $25,000,000 made available under
[[Page 134 STAT. 2146]]
section 4018(g) of the CARES Act (15 U.S.C.
9053(g)) for the Special Inspector General for
Pandemic Recovery--
(I) shall not be rescinded under
this paragraph; and
(II) shall be used exclusively for
the specific purposes described in that
section.
(iii) Congressional oversight commission.--Of
the amounts made available under section 4027 of
the CARES Act (15 U.S.C. 9061) for the
Congressional Oversight Commission established
under section 4020 of that Act (15 U.S.C. 9055),
$5,000,000--
(I) shall not be rescinded under
this paragraph; and
(II) shall be used exclusively for
the expenses of the Congressional
Oversight Commission set forth in
section 4020(g)(2) of that Act.
(b) Loans, Loan Guarantees, and Other Investments.--
(1) <<NOTE: Effective date. 15 USC 9042 note.>> In
general.--Effective on January 9, 2021, section 4003 of the
CARES Act (15 U.S.C. 9042) is amended--
(A) in subsection (a), by striking ``
$500,000,000,000'' and inserting `` $0''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking
``25,000,000,000'' and inserting ``0'';
(ii) in paragraph (2), by striking ``
$4,000,000,000'' and inserting ``0'';
(iii) in paragraph (3), by striking ``
$17,000,000,000'' and inserting ``0''; and
(iv) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``
$454,000,000,000'' and inserting `` $0''.
(2) <<NOTE: 15 USC 9042 note.>> Rule of construction.--The
amendments made under paragraph (1) shall not be construed to
affect obligations incurred by the Department of the Treasury
before January 1, 2021.
SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.
Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is amended, in
the matter preceding paragraph (1), by striking ``Amounts'' and
inserting ``Notwithstanding any other provision of law, amounts''.
SEC. 1005. TERMINATION OF AUTHORITY.
Section 4029 of the CARES Act (15 U.S.C. 9063) is amended--
(1) in subsection (a), by striking ``new'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``, loan guarantee, or other
investment'' and inserting ``or loan guarantee made under
paragraph (1), (2), or (3) of section 4003(b)''; and
(3) by adding at the end the following:
``(c) Federal Reserve Programs or Facilities.--
``(1) In general.--After December 31, 2020, the Board of
Governors of the Federal Reserve System and the Federal Reserve
banks shall not make any loan, purchase any obligation, asset,
security, or other interest, or make any extension of credit
through any program or facility established under section 13(3)
of the Federal Reserve Act (12 U.S.C. 343(3))
[[Page 134 STAT. 2147]]
in which the Secretary made a loan, loan guarantee, or other
investment pursuant to section 4003(b)(4), other than a loan
submitted, on or before December 14, 2020, to the Main Street
Lending Program's lender portal for the sale of a participation
interest in such loan, provided that the Main Street Lending
Program purchases a participation interest in such loan on or
before January 8, 2021 and under the terms and conditions of the
Main Street Lending Program as in effect on the date the loan
was submitted to the Main Street Lending Program's lender portal
for the sale of a participation interest in such loan.
``(2) No modification.--After December 31, 2020, the Board
of Governors of the Federal Reserve System and the Federal
Reserve banks--
``(A) shall not modify the terms and conditions of
any program or facility established under section 13(3)
of the Federal Reserve Act (12 U.S.C. 343(3)) in which
the Secretary made a loan, loan guarantee, or other
investment pursuant to section 4003(b)(4), including by
authorizing transfer of such funds to a new program or
facility established under section 13(3) of the Federal
Reserve Act (12 U.S.C. 343(3)); and
``(B) may modify or restructure a loan, obligation,
asset, security, other interest, or extension of credit
made or purchased through any such program or facility
provided that--
``(i) the loan, obligation, asset, security,
other interest, or extension of credit is an
eligible asset or for an eligible business,
including an eligible nonprofit organization, each
as defined by such program or facility; and
``(ii) the modification or restructuring
relates to an eligible asset or single and
specific eligible business, including an eligible
nonprofit organization, each as defined by such
program or facility; and
``(iii) the modification or restructuring is
necessary to minimize costs to taxpayers that
could arise from a default on the loan,
obligation, asset, security, other interest, or
extension of credit.
``(3) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary is permitted to use the
fund established under section 5302 of title 31, United
States Code, for any purpose permitted under that
section.
``(B) Exception.--The fund established under section
5302 of title 31, United States Code, shall not be
available for any program or facility established under
section 13(3) of the Federal Reserve Act (12 U.S.C.
343(3)) that is the same as any such program or facility
in which the Secretary made an investment pursuant to
section 4003(b)(4), except the Term Asset-Backed
Securities Loan Facility.''.
SEC. 1006. <<NOTE: 12 USC 343 note.>> RULE OF CONSTRUCTION.
Except as expressly set forth in paragraphs (1) and (2) of
subsection (c) of section 4029 of the CARES Act, as added by this Act,
nothing in this Act shall be construed to modify or limit the authority
of the Board of Governors of the Federal Reserve
[[Page 134 STAT. 2148]]
System under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3))
as of the day before the date of enactment of the CARES Act (Public Law
116-136).
DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS
TITLE I <<NOTE: Applicabilities.>>
IMMIGRATION EXTENSIONS
Sec. 101. <<NOTE: 8 USC 1324a note.>> Section 401(b) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) shall be applied by substituting ``September 30,
2021'' for ``September 30, 2015''.
Sec. 102. <<NOTE: 8 USC 1101 note.>> Subclauses (II) and (III) of
section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ``September
30, 2021'' for ``September 30, 2015''.
Sec. 103. <<NOTE: 8 USC 1182 note.>> Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) shall be applied by substituting ``September 30, 2021'' for
``September 30, 2015''.
Sec. 104. <<NOTE: 8 USC 1153 note.>> Section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied
by substituting ``June 30, 2021'' for ``September 30, 2015''.
Sec. 105 <<NOTE: Consultation. Determination. 8 USC 1184 note.>> .
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2021 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of aliens
who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
by not more than the highest number of H-2B nonimmigrants who
participated in the H-2B returning worker program in any fiscal year in
which returning workers were exempt from such numerical limitation.
TITLE II--COMMISSION ON BLACK MEN AND BOYS CORRECTIONS
SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION ON THE SOCIAL
STATUS OF BLACK MEN AND BOYS ACT.
Section 2(b)(3) of the Commission on the Social Status of Black Men
and Boys Act (Public Law 116-156) <<NOTE: Ante, p. 700.>> is amended by
striking ``House of Representatives majority leader'' and inserting
``Speaker of the House of Representatives''.
[[Page 134 STAT. 2149]]
TITLE III--U.S. CUSTOMS AND BORDER PROTECTION AUTHORITY TO ACCEPT
DONATIONS EXTENSION
SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PROTECTION
AUTHORITY TO ACCEPT DONATIONS.
Section 482(b)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C.
301a(b)(4)(A)) is amended by striking ``4 years after December 16,
2016'' and inserting ``December 16, 2021''.
TITLE IV--LIVESTOCK MANDATORY REPORTING EXTENSION
SEC. 401. <<NOTE: Applicability. 7 USC 1636i note.>> MANDATORY
LIVESTOCK REPORTING.
Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999
(7 U.S.C. 1635 note; Public Law 106-78) shall be applied by substituting
``September 30, 2021'' for ``September 30, 2020''.
TITLE V--SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM EXTENSION
SEC. 501. <<NOTE: Applicability. 16 USC 3831c note.>> SOIL HEALTH
AND INCOME PROTECTION PILOT PROGRAM
MODIFICATION.
Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C.
3831c(b)(2)(B)) shall be applied by substituting ``September 30, 2021''
for ``December 31, 2020''.
TITLE VI--UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT
TECHNICAL CORRECTIONS
SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-CANADA
AGREEMENT IMPLEMENTATION ACT.
(a) Environment Cooperation Commissions; North American Development
Bank.--
(1) <<NOTE: 19 USC 3472 and note, 3473; 22 USC 290m--290m-
5, 290m-7.>> In general.--Section 601 of the United States-
Mexico-Canada Agreement Implementation Act (Public Law 116-113;
134 Stat. 78) shall not apply to the provisions specified in
paragraph (2) and such provisions shall be restored and revived
as if such section had not been enacted.
(2) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Sections 532 and 533 of the North American Free
Trade Agreement Implementation Act.
(B) Part 2 of subtitle D of title V of such Act (as
amended by section 831 of the United States-Mexico-
Canada Agreement Implementation Act).
[[Page 134 STAT. 2150]]
(3) North american development bank: limitation on callable
capital subscriptions.--The Secretary of the Treasury may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of capital stock of the North
American Development Bank in an amount not to exceed
$1,020,000,000. The authority in the preceding sentence shall be
in addition to any other authority provided by previous Acts.
(b) Rules of Origin.--Section 202 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4531) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Special rule for foreign-trade zones.--Paragraph
(1)(B) shall not apply to a good produced in a foreign-trade
zone or subzone established pursuant to the Act of June 18, 1934
(commonly known as the `Foreign Trade Zones Act') (19 U.S.C. 81a
et seq.) that is entered for consumption in the customs
territory of the United States.''; and
(2) in subsection (f)(2)(E), by striking ``heading 1507,
1508,'' and inserting ``any of headings 1501 through 1508''.
(c) Drawbacks.--
(1) In general.--Section 208 of the United States-Mexico-
Canada Agreement Implementation Act (19 U.S.C. 4534) is amended
by adding at the end the following:
``(e) Action on Claim.--
``(1) <<NOTE: Determination.>> In general.--If the
Commissioner of U.S. Customs and Border Protection determines
that a claim of preferential tariff treatment has been made with
respect to an article for which a claim described in paragraph
(2) has been made, the Commissioner may make such adjustments
regarding the previous customs treatment of the article as may
be warranted.
``(2) Claims described.--A claim described in this paragraph
is a claim for--
``(A) a refund, waiver, or reduction of duty, under
any applicable provision of law; or
``(B) a credit against a bond under section
312(d)(1) of the Tariff Act of 1930 (19 U.S.C.
1312(d)(1)).''.
(2) Conforming amendments.--
(A) Tariff act of 1930.--The Tariff Act of 1930 is
amended--
(i) in section 311 (19 U.S.C. 1311), in the
11th undesignated paragraph, by striking
``(subject to section 508(b)(2)(B))'' and
inserting ``(subject to section 208(e) of that
Act)'';
(ii) in section 312 (19 U.S.C. 1312), by
striking ``(subject to section 508(b)(2)(B))''
each place it appears and inserting ``(subject to
section 208(e) of that Act)'';
(iii) in section 313(n)(1)(C) (19 U.S.C.
1313(n)(1)(C)), by striking ``section
508(b)(2)(B)'' and inserting ``section 208(e) of
that Act''; and
(iv) in section 562(2)(B) (19 U.S.C.
1562(2)(B)), in the matter preceding clause (i),
by striking ``(subject to section 508(b)(2)(B))''
and inserting ``(subject to section 208(e) of that
Act)''.
(B) Foreign trade zones act.--Section 3(a) of the
Act of June 18, 1934 (commonly known as the ``Foreign
Trade Zones Act'') (19 U.S.C. 81c(a)) is amended in the
[[Page 134 STAT. 2151]]
seventh proviso by striking ``(subject to section
508(b)(2)(B) of the Tariff Act of 1930)'' and inserting
``(subject to section 208(e) of that Act)''.
(d) Retention of Records.--
(1) In general.--Section 508 of the Tariff Act of 1930 (19
U.S.C. 1508) is amended by inserting after subsection (b) the
following:
``(c) Period of Time.--The records required by subsection (a) shall
be kept for such periods of time as the Secretary shall prescribe,
except that--
``(1) no period of time for the retention of the records
required under subsection (a) may exceed 5 years from the date
of entry, filing of a reconciliation, or exportation, as
appropriate; and
``(2) records for any drawback claim shall be kept until the
3rd anniversary of the date of liquidation of the claim.''.
(2) Conforming amendment.--Section 313(r)(3)(B) of the
Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by
striking ``section 508(c)(3)'' and inserting ``section
508(c)(2)''.
(e) Reliquidation of Entries.--Section 520(d) of the Tariff Act of
1930 (19 U.S.C. 1520(d)) is amended by striking ``(except with respect
to any merchandise processing fees)''.
(f) Protective Orders.--Section 777(f) of the Tariff Act of 1930 (19
U.S.C. 1677f(f)) is amended--
(1) in the subsection heading, by striking ``the the'' and
inserting ``the''; and
(2) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) <<NOTE: Records.>> In general.--If binational
panel review of a determination under this title is
requested pursuant to article 1904 of the United States-
Canada Agreement or article 10.12 of the USMCA, or an
extraordinary challenge committee is convened under
Annex 1904.13 of the United States-Canada Agreement or
chapter 10 of the USMCA, the administering authority or
the Commission, as appropriate, may make available to
authorized persons, under a protective order described
in paragraph (2), a copy of all proprietary material in
the administrative record made during the proceeding in
question. If the administering authority or the
Commission claims a privilege as to a document or
portion of a document in the administrative record of
the proceeding in question and a binational panel or
extraordinary challenge committee finds that in camera
inspection or limited disclosure of that document or
portion thereof is required by United States law, the
administering authority or the Commission, as
appropriate, may restrict access to such document or
portion thereof to the authorized persons identified by
the panel or committee as requiring access and may
require such persons to obtain access under a protective
order described in paragraph (2).''.
(g) Dispute Settlement.--The table of contents for the United
States-Mexico-Canada Agreement Implementation Act (Public Law
[[Page 134 STAT. 2152]]
116-113; 134 Stat. 11) is amended by striking the item relating to
section 414 and inserting the following:
``Sec. 414. Requests for review of determinations by competent
investigating authorities.''.
(h) <<NOTE: 19 USC 81c note.>> Effective Date.--This section and
the amendments made by this section shall take effect on July 1, 2020.
SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS.
(a) African Growth and Opportunity Act.--The African Growth and
Opportunity Act is amended--
(1) in section 112 (19 U.S.C. 3721)--
(A) in subsection (b)(5)(A), by striking ``Annex 401
to the NAFTA'' and inserting ``Annex 4-B of the USMCA'';
and
(B) in subsection (f), by striking paragraph (3) and
inserting the following:
``(3) <<NOTE: Definition.>> USMCA.--The term `USMCA' has the
meaning given that term in section 3 of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502).'';
and
(2) in section 113(b) (19 U.S.C. 3722(b))--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``Article
502(1) of the NAFTA'' and inserting ``article
5.4.1 of the USMCA''; and
(ii) in subparagraph (B)(i), in the matter
following subclause (II), by striking ``chapter 5
of the NAFTA'' and inserting ``chapter 5 of the
USMCA''; and
(B) in paragraph (2), by striking ``Article 503 of
the NAFTA'' and inserting ``article 5.5 of the USMCA''.
(b) Caribbean Basin Economic Recovery Act.--The Caribbean Basin
Economic Recovery Act is amended--
(1) in section 212(a)(1) (19 U.S.C. 2702(a)(1)), by striking
subparagraph (D) and inserting the following:
``(D) The term `USMCA' has the meaning given that term in
section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).'';
(2) in section 213(b) (19 U.S.C. 2703(b))--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (v)(I), by striking
``Annex 401 of the NAFTA'' and inserting
``Annex 4-B of the USMCA''; and
(II) in clause (vii)(IV)--
(aa) by striking ``from a
country'' and inserting the
following: ``from--
``(aa) a country'';
(bb) by striking the period
at the end and inserting ``;
or''; and
(cc) by adding at the end
the following:
``(bb) a USMCA country (as
defined in section 3 of the
United States-Mexico-Canada
Agreement Implementation Act (19
U.S.C. 4502)).''; and
(ii) in subparagraph (C), by striking
``section 2.3(a), (b), or (c) of the Annex or
Appendix 3.1.B.11 of the Annex'' and inserting
``article 6.2 of the USMCA'';
[[Page 134 STAT. 2153]]
(B) in paragraph (3)(A)(i), by striking ``Annex
302.2 of the NAFTA'' and inserting ``Annex 2-B of the
USMCA'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``Article 502(1) of the NAFTA'' and
inserting ``article 5.4.1 of the
USMCA''; and
(II) in clause (ii)(I), in the
matter following item (bb), by striking
``chapter 5 of the NAFTA'' and inserting
``chapter 5 of the USMCA''; and
(ii) in subparagraph (B), by striking
``Article 503 of the NAFTA'' and inserting
``article 5.5 of the USMCA''; and
(D) in paragraph (5)--
(i) in subparagraph (A), by striking ``NAFTA''
and inserting ``North American Free Trade
Agreement entered into between the United States,
Mexico, and Canada on December 17, 1992''; and
(ii) in subparagraph (C), by striking
``NAFTA'' each place it appears and inserting
``USMCA''; and
(3) in section 213A(b) (19 U.S.C. 2703a(b))--
(A) in paragraph (1)(B)(vii)(I)(aa), by striking
``Annex 401 of the NAFTA'' and inserting ``Annex 4-B of
the USMCA''; and
(B) in paragraph (5)(A)(i), by striking ``Annex 401
of the NAFTA'' and inserting ``Annex 4-B of the USMCA''.
(c) Trade Facilitation and Trade Enforcement Act of 2015.--Section
403 of the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4362) is amended by striking ``article 1902 of the North American
Free Trade Agreement and section 408 of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3438)'' and inserting ``article
10.10 of the USMCA (as defined in section 3 of the United States-Mexico-
Canada Agreement Implementation Act (19 U.S.C. 4502)) and section 418 of
the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
4588)''.
(d) Title 35, United States Code.--Section 11 of title 35, United
States Code, is amended--
(1) by striking ``The Director'' and inserting ``(a) In
General.--The Director'';
(2) by striking ``other than a NAFTA country'' and inserting
``other than a USMCA country''; and
(3) by striking the third sentence and inserting the
following:
``(b) Definitions.--In this section--
``(1) the term `USMCA country' has the meaning given that
term in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502); and
``(2) the term `WTO member country' has the meaning given
that term in section 2(10) of the Uruguay Round Agreements Act
(19 U.S.C. 3501(10)).''.
(e) Energy Policy Act of 1992.--Section 1011(b) of the Energy Policy
Act of 1992 (42 U.S.C. 2296b(b)) is amended by striking ``North American
Free Trade Agreement'' and inserting ``USMCA (as defined in section 3 of
the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
4502))''.
[[Page 134 STAT. 2154]]
(f) Trade Agreements Act of 1979.--Section 493(a)(5)(D) of the Trade
Agreements Act of 1979 (19 U.S.C. 2578b(a)(5)(D)) is amended by striking
``the NAFTA countries (as defined in section 2(4) of the North American
Free Trade Agreement Implementation Act)'' and inserting ``the USMCA
countries (as defined in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502))''.
(g) <<NOTE: 19 USC 2578b note.>> Effective Date.--This section and
the amendments made by this section shall take effect on July 1, 2020.
TITLE VII--DEPUTY ARCHITECT OF THE CAPITOL AMENDMENTS
SEC. 701. ARCHITECT OF THE CAPITOL.
(a) Delegation of Authority.--The matter under the heading ``Office
of the Architect of the Capitol'' under the heading ``ARCHITECT OF THE
CAPITOL'' of the Legislative Appropriation Act, 1956 (2 U.S.C. 1803) is
amended by striking ``delegate to the assistants'' and all that follows
through ``2003'' and inserting ``delegate the duties and authorities of
the Architect to officers and employees of the Office of the Architect
of the Capitol, as the Architect determines appropriate''.
(b) Deputy Architect of the Capitol.--Section 1203 of title I of
division H of the Consolidated Appropriations Resolution, 2003 (2 U.S.C.
1805) is amended--
(1) in the section heading, by striking ``Capitol/Chief
Operating Officer'' and inserting ``Capitol'';
(2) <<NOTE: Appointment. Determination.>> in subsection
(a), by striking ``There shall be'' and all that follows and
inserting ``The Architect of the Capitol shall appoint a
suitable individual to be the Deputy Architect of the Capitol.
The Architect may delegate to the Deputy Architect such duties
as the Architect determines are necessary or appropriate.'';
(3) by striking subsections (b) through (g);
(4) by redesignating subsection (h) as subsection (b); and
(5) by striking subsections (i) and (j).
TITLE VIII--PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE AMENDMENTS
SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY
COMMITTEE.
(a) Appropriations.--
(1) In general.--Title V of division B of the Coronavirus
Aid, Relief, and Economic Security Act <<NOTE: Ante, p. 533.>>
(Public Law 116-136) is amended in the matter under the heading
``Pandemic Response Accountability Committee'' under the heading
``INDEPENDENT AGENCIES'' by striking ``funds provided in'' and
inserting ``covered funds and the Coronavirus response as
provided in section 15010 of''.
(2) Emergency designation.--The amounts repurposed in this
section that were previously designated by the Congress
[[Page 134 STAT. 2155]]
as an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Definition of Covered Funds.--Section 15010(a)(6) of division B
of the Coronavirus, Aid, Relief, and Economic Security Act (Public Law
116-136) <<NOTE: Ante, p. 553.>> is amended--
(1) in subparagraph (A), by striking ``this Act'' and
inserting ``the Coronavirus Aid, Relief, and Economic Security
Act (divisions A and B)'';
(2) in subparagraph (C), by striking ``or'' at the end; and
(3) by striking subparagraph (D) and inserting the
following:
``(D) the Paycheck Protection Program and Health
Care Enhancement Act (Public Law 116-139); or
``(E) divisions M and N of the Consolidated
Appropriations Act, 2021; and''.
TITLE IX--ADJUSTMENT OF STATUS FOR LIBERIAN NATIONALS EXTENSION
SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR CERTAIN
LIBERIAN NATIONALS.
Section 7611(b)(1)(A) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) <<NOTE: 8 USC 1255 note.>> is
amended by striking ``1 year'' and inserting ``2 years''.
TITLE X-- <<NOTE: Clean Up the Code Act of 2019.>> CLEAN UP THE CODE ACT
OF 2019
SEC. 1001. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Clean Up the Code Act of 2019''.
SEC. 1002. REPEALS.
The following provisions of title 18, United States Code, are
repealed:
(1) Section 46 relating to transportation of water
hyacinths.
(2) Section 511A relating to unauthorized application of
theft prevention decal or device.
(3) Section 707 relating to 4-H club emblem fraudulently
used.
(4) Section 708 relating to Swiss Confederation coat of
arms.
(5) Section 711 relating to ``Smokey Bear'' character or
name.
(6) Section 711a relating to ``Woodsy Owl'' character, name,
or slogan.
(7) Section 715 relating to ``The Golden Eagle Insignia''.
(8) <<NOTE: 18 USC 1821 prec. and 1821.>> Chapter 89--
Professions and Occupations.
(9) Section 1921 relating to receiving Federal employees'
compensation after marriage.
[[Page 134 STAT. 2156]]
SEC. 1003. CLERICAL AMENDMENTS.
(a) Table of Chapters for Part I of Title 18.--The table of chapters
for part I of title 18, United States Code, <<NOTE: 18 USC 1 prec.>> is
amended by striking the item relating to chapter 89.
(b) Table of Sections for Chapter 3.--The table of sections for
chapter 3 of title 18, United States Code, <<NOTE: 18 USC 41 prec.>> is
amended by striking the item relating to section 46.
(c) Table of Sections for Chapter 25.--The table of sections for
chapter 25 of title 18, United States Code, <<NOTE: 18 USC 470 prec.>>
is amended by striking the item relating to section 511A.
(d) Table of Sections for Chapter 33.--The table of sections for
chapter 33 of title 18, United States Code, <<NOTE: 18 USC 700 prec.>>
is amended--
(1) by striking the item relating to section 707;
(2) by striking the item relating to section 708;
(3) by striking the item relating to section 711;
(4) by striking the item relating to section 711a; and
(5) by striking the item relating to section 715.
(e) Table of Sections for Chapter 93.--The table of sections for
chapter 93 of title 18, United States Code, <<NOTE: 18 USC 1901 prec.>>
is amended by striking the item relating to section 1921.
TITLE XI--AMENDMENTS TO PROVISIONS RELATING TO CHILD CARE CENTERS
SEC. 1101. PROVISIONS RELATING TO CHILD CARE CENTERS.
(a) Senate Employee Child Care Center.--Section 19001 of the
Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 2063
note) <<NOTE: Ante, p. 577.>> is amended--
(1) by striking ``The Secretary'' and all that follows
through ``per month,'' and inserting the following:
``(a) <<NOTE: Time period.>> Reimbursements.--During the period
beginning on July 1, 2020 and ending on the termination date of the
public health emergency declared pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d) resulting from the COVID-19
pandemic, the Secretary of the Senate shall reimburse the Senate
Employee Child Care Center for expenses, due to measures taken in the
Capitol complex to combat coronavirus, as calculated under subsection
(b) and''; and
(2) by adding at the end the following:
``(b) Amount.--The amount of the reimbursement under this section
for each month of the period described in subsection (a) shall be equal
to the difference between--
``(1) the lesser of--
``(A) the amount of the operating costs (including
payroll, general, and administrative expenses) of the
Center for such month; or
``(B) $105,000; and
``(2) the amount of tuition payments collected by the Center
for such month.''.
(b) Little Scholars Child Development Center.--Section 19004 of the
Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 162b
note) <<NOTE: Ante, p. 578.>> is amended--
(1) by striking ``The Library of Congress'' and all that
follows through ``per month,'' and inserting the following:
[[Page 134 STAT. 2157]]
``(a) <<NOTE: Time period.>> Reimbursements.--During the period
beginning on the date of enactment of the Consolidated Appropriations
Act, 2021 and ending on the termination date of the public health
emergency declared pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) resulting from the COVID-19 pandemic, the Library
of Congress shall reimburse the Little Scholars Child Development Center
for expenses, due to measures taken in the Capitol complex to combat
coronavirus, as calculated under subsection (b) and''; and
(2) by adding at the end the following:
``(b) Amount.--The amount of the reimbursement under this section
for each month of the period described in subsection (a) shall be equal
to the difference between--
``(1) the lesser of--
``(A) the amount of the operating costs (including
payroll, general, and administrative expenses) of the
Center for such month; or
``(B) $118,500; and
``(2) the amount of tuition payments collected by the Center
for such month.''.
(3) Tiny findings child development center.--Section 19009
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136; 134 Stat. 579) <<NOTE: 31 USC 781 note.>>
is amended--
(A) by striking ``The Government'' and all that
follows through ``per month,'' and inserting the
following:
``(a) <<NOTE: Time period.>> Reimbursements.--During the period
beginning on the date of enactment of the Consolidated Appropriations
Act, 2021 and ending on the termination date of the public health
emergency declared pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) resulting from the COVID-19 pandemic, the
Government Accountability Office shall reimburse the Tiny Findings Child
Development Center for expenses, due to measures taken in the Capitol
complex to combat coronavirus, as calculated under subsection (b) and'';
and
(B) by adding at the end the following:
``(b) Amount.--The amount of the reimbursement under this section
for each month of the period described in subsection (a) shall be equal
to the difference between--
``(1) the lesser of--
``(A) the amount of the operating costs (including
payroll, general, and administrative expenses) of the
Center for such month; or
``(B) $162,500; and
``(2) the amount of tuition payments collected by the Center
for such month.''.
TITLE XII--ALASKA NATIVES EXTENSION
SEC. 1201. <<NOTE: Applicability.>> ALASKA NATIVES.
Section 424(a) of the Consolidated Appropriations Act, 2014 (Public
Law 113-76), as amended by section 428 of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), shall be applied by
substituting ``October 1, 2022'' for ``October 1, 2019''.
[[Page 134 STAT. 2158]]
TITLE XIII--OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED
DEBARMENT
SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED
DEBARMENT.
(a) Effective Date.--Section 1299Q of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 <<NOTE: Ante, p. 4020.>> is amended by adding at the end the
following:
``(g) Effective Date.--This section and the amendments made by this
section shall take effect on the date that is 90 days after the date of
the enactment of this Act.''.
(b) Open Technology Fund Opportunity to Contest Proposed
Debarment.-- <<NOTE: Deadline.>> Notwithstanding any provision of law or
regulation, including section 513.313 of title 22, Code of Federal
Regulations, in any debarment proceeding concerning the Open Technology
Fund that is initiated prior to the date of enactment of this Act, the
Open Technology Fund shall have 90 calendar days after receipt of any
notice of proposed debarment to submit, in person, in writing, or
through a representative, information and argument in opposition to the
proposed debarment, before such proposed debarment may proceed to
additional proceedings or decision.
TITLE XIV--BUDGETARY EFFECTS
SEC. 1401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division
N, this division, and each succeeding division, except for title VIII of
division O and title XIII of division FF, shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of division N,
this division, and each succeeding division, except for title VIII of
division O and title XIII of division FF, shall not be entered on any
PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res.
71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of division N, this
division, and each succeeding division, except for title VIII of
division O and title XIII of division FF, shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(d) <<NOTE: Effective date.>> Balances on the PAYGO Scorecards.--
Effective on the date of the adjournment of the second session of the
116th Congress, and for the purposes of the annual report issued
pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 934) after such adjournment and for determining whether a
sequestration order is necessary under such section, the balances on the
PAYGO
[[Page 134 STAT. 2159]]
scorecards established pursuant to paragraphs (4) and (5) of section
4(d) of such Act shall be zero.
DIVISION P <<NOTE: National Bio and Agro-Defense Facility Act of
2020.>> --NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020
SEC. 1. <<NOTE: 7 USC 9201 note.>> SHORT TITLE.
This division may be cited as the ``National Bio and Agro-Defense
Facility Act of 2020''.
SEC. 2. <<NOTE: 7 USC 9201.>> DEFINITIONS.
In this Act:
(1) Animal.--The term ``animal'' has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(2) Transboundary disease.--The term ``transboundary
disease'' has the meaning given the term in section 12203(a) of
the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
(3) Veterinary countermeasure.--The term ``veterinary
countermeasure'' has the meaning given the term in section 10403
of the Animal Health Protection Act (7 U.S.C. 8302).
SEC. 3. <<NOTE: 7 USC 9202.>> NATIONAL BIO AND AGRO-DEFENSE
FACILITY.
(a) In General.--The National Bio and Agro-Defense Facility shall be
a national security laboratory asset to provide integrated research,
development, and test and evaluation infrastructure to improve
preparedness and response capabilities to prevent, detect, respond to,
or mitigate harm resulting from animal pests or diseases and zoonotic
diseases for the purpose of defending the United States against bio- and
agro-threats, whether naturally occurring or intentional.
(b) Mission.--Pursuant to subsection (a), the mission of the
National Bio and Agro-Defense Facility shall be to protect the food
supply, agriculture, and public health of the United States, including
by--
(1) integrating agricultural, zoonotic disease, and other
research, as appropriate;
(2) addressing threats from high-consequence zoonotic
disease agents, emerging foreign animal diseases, and animal
transboundary diseases;
(3) addressing biological threats;
(4) ensuring that research conducted at the National Bio and
Agro-Defense Facility addresses gaps that fall between the
ongoing animal and zoonotic disease research efforts across the
Federal Government and does not duplicate those ongoing efforts;
(5) facilitating, integrating, and coordinating the
development and implementation of the strategic plan for
research under section 4(a)(2), relating to protection of the
food supply, agriculture, and public health of the United
States;
(6) providing appropriate education and training to prepare
for and respond to bio- and agro-defense threats;
(7) sharing data and related information with appropriate
Federal departments or agencies, as requested by the heads of
those departments or agencies, or as necessary, to support
biological material threat assessments; and
[[Page 134 STAT. 2160]]
(8) <<NOTE: Vaccines.>> sharing data and related
information, and developing strategic partnerships, to enhance
the carrying out of the duties of the National Bio and Agro-
Defense Facility for the development of priority zoonotic animal
disease diagnostics, vaccines, drugs, and other countermeasures.
SEC. 4. <<NOTE: 7 USC 9203.>> EVALUATION AND RESEARCH PLAN.
(a) <<NOTE: Time period. Coordination.>> In General.--Not less
frequently than biennially, the Secretary of Agriculture, in
coordination with the Secretary of Homeland Security and the heads of
other appropriate Federal departments and agencies, shall--
(1) evaluate the work of the National Bio and Agro-Defense
Facility;
(2) <<NOTE: Update. Publication.>> develop, biennially
update, and publish a strategic plan for research at the
National Bio and Agro-Defense Facility based on priority risk
and threat assessments, including strategies to--
(A) develop veterinary countermeasures for emerging
foreign animal diseases and animal transboundary
diseases;
(B) provide advanced testing, diagnostic, and
evaluation capabilities for threat detection,
vulnerability assessments of animal and zoonotic
diseases, and veterinary countermeasures for animal and
zoonotic diseases;
(C) assist, as appropriate, with the development,
and address vulnerability assessments, of the
agriculture and food sectors;
(D) address gaps in the ongoing animal and zoonotic
disease research efforts across the Federal Government,
ensuring not to duplicate those ongoing efforts; and
(E) be used for such other purposes as the Secretary
of Agriculture, in consultation with the Secretary of
Homeland Security and the heads of other appropriate
Federal departments and agencies, determines to be
appropriate; and
(3) submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Agriculture
of the House of Representatives, and the Committee on Homeland
Security of the House of Representatives, the strategic plan for
research described in paragraph (2).
(b) Classified Information.--The strategic plan for research
required under subsection (a)(2)--
(1) <<NOTE: Publication. Public information.>> shall be
published in an unclassified format that is publicly available;
(2) shall be submitted under subsection (a)(3) in
unclassified form; and
(3) may include in the submission under subsection (a)(3) a
classified annex for any sensitive or classified information, as
necessary.
SEC. 5. <<NOTE: 7 USC 9204.>> AVAILABILITY OF DATA AND
CONGRESSIONAL BRIEFINGS.
(a) <<NOTE: Reports.>> In General.--Every 6 months until the date
described in subsection (b), the Secretary of Agriculture, the Secretary
of Homeland Security, and the heads of other appropriate Federal
departments and agencies, as appropriate, shall provide to the
Committees on Agriculture, Nutrition, and Forestry and Homeland
[[Page 134 STAT. 2161]]
Security and Governmental Affairs of the Senate and the Committees on
Agriculture and Homeland Security of the House of Representatives a
report and briefing describing--
(1) progress under each phase described in the memorandum of
agreement entitled ``Memorandum of Agreement Between the U.S.
Department of Agriculture Marketing and Regulatory Programs, the
U.S. Department of Agriculture Research, Education, and
Economics, and the Department of Homeland Security Science and
Technology Directorate'' and dated June 20, 2019, that is not
completed as of the date of enactment of this Act;
(2) the status of the actions taken pursuant to the areas of
collaborative opportunity and responsibilities as described in
the memorandum of understanding entitled ``Memorandum of
Understanding Between the U.S. Department of Agriculture
Marketing and Regulatory Programs, the U.S. Department of
Agriculture Research, Education, and Economics, and the
Department of Homeland Security Science and Technology
Directorate for National Bio and Agro-Defense Facility
Collaboration'' and dated January 7, 2020; and
(3) <<NOTE: Coordination.>> the operations and mission of
the National Bio and Agro-Defense Facility, including the
coordination and carrying out of--
(A) the memorandum of agreement and memorandum of
understanding described in paragraphs (1) and (2),
respectively;
(B) any successor memoranda of agreement or
understanding to the memorandum of agreement and
memorandum of understanding described in paragraphs (1)
and (2), respectively;
(C) any similar joint agreement or understanding
between the Department of Agriculture and the Department
of Homeland Security, or other relevant agencies, that
documents the biodefense mission of the National Bio and
Agro-Defense Facility; and
(D) research, including a description of the users
of the National Bio and Agro-Defense Facility.
(b) Termination.--The reporting and briefing requirements under
subsection (a) shall terminate on the date that is 5 years after the
date on which the National Bio and Agro-Defense Facility attains full
operating capability.
SEC. 6. <<NOTE: 7 USC 9205.>> BUDGET AND REPORT.
(a) <<NOTE: Plan.>> Budget.--Concurrently with each budget
submission to the Director of the Office of Management and Budget, the
Secretary of Agriculture, the Secretary of Homeland Security, and the
heads of other appropriate Federal departments and agencies, as required
by Homeland Security Presidential Directive 9, shall jointly submit to
the Director of the Office of Management and Budget an integrated budget
plan for the defense and protection of the food supply of the United
States, including the operation and use of the National Bio and Agro-
Defense Facility.
(b) Report.--Not later than 60 days after the date on which the
budget of the United States Government is submitted by the President
under section 1105 of title 31, United States Code, for each fiscal
year, the Secretary of Agriculture, the Secretary of Homeland Security,
and the heads of other appropriate Federal
[[Page 134 STAT. 2162]]
departments and agencies shall jointly submit to Congress a report
describing an integrated budget plan described in subsection (a), which
shall be consistent with the budget submission of the President under
that section for the defense and protection of the food supply of the
United States, including the operation and use of the National Bio and
Agro-Defense Facility.
SEC. 7. <<NOTE: 7 USC 9206.>> EFFECT ON OTHER AUTHORITIES.
Nothing in this Act affects the authority of the Secretary of
Agriculture or the Secretary of Homeland Security under any other
provision of law or program relating to the protection of food supplies,
agriculture, or public health.
DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY
TITLE I--FINANCIAL SERVICES PROVISIONS
SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN FEDERALLY
ASSISTED HOUSING.
(a) <<NOTE: 42 USC 1437a note.>> Findings.--Congress finds that--
(1) carbon monoxide alarms are not required by federally
assisted housing programs, when not required by State or local
codes;
(2) numerous federally assisted housing residents have lost
their lives due to carbon monoxide poisoning;
(3) the effects of carbon monoxide poisoning occur
immediately and can result in death in a matter of minutes;
(4) carbon monoxide exposure can cause permanent brain
damage, life-threatening cardiac complications, fetal death or
miscarriage, and death, among other harmful health conditions;
(5) carbon monoxide poisoning is especially dangerous for
unborn babies, children, elderly individuals, and individuals
with cardiovascular disease, among others with chronic health
conditions;
(6) the majority of the 4,600,000 families receiving Federal
housing assistance are families with young children, elderly
individuals, or individuals with disabilities, making them
especially vulnerable to carbon monoxide poisoning;
(7) more than 400 people die and 50,000 additional people
visit the emergency room annually as a result of carbon monoxide
poisoning;
(8) carbon monoxide poisoning is entirely preventable and
early detection is possible with the use of carbon monoxide
alarms;
(9) the Centers for Disease Control and Prevention warns
that carbon monoxide poisoning is entirely preventable and
recommends the installation of carbon monoxide alarms;
(10) the Office of Lead Hazard Control and Healthy Homes of
the Department of Housing and Urban Development recommends the
installation of carbon monoxide alarms as a best
[[Page 134 STAT. 2163]]
practice to keep families and individuals safe and to protect
health; and
(11) in order to safeguard the health and well-being of
tenants in federally assisted housing, the Federal Government
should consider best practices for primary prevention of carbon
monoxide-related incidents.
(b) Public Housing, Tenant-based Assistance, and Project-based
Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended--
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
end the following:
``(8) Carbon monoxide alarms.--Each public housing agency
shall ensure that carbon monoxide alarms or detectors are
installed in each dwelling unit in public housing owned or
operated by the public housing agency in a manner that meets or
exceeds--
``(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
``(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the
International Fire Code, through a notice published in
the Federal Register.''; and
(2) in section 8 (42 U.S.C. 1437f)--
(A) by inserting after subsection (i) the following:
``(j) Carbon Monoxide Alarms.--Each owner of a dwelling unit
receiving project-based assistance under this section shall ensure that
carbon monoxide alarms or detectors are installed in the dwelling unit
in a manner that meets or exceeds--
``(1) the standards described in chapters 9 and 11 of the
2018 publication of the International Fire Code, as published by
the International Code Council; or
``(2) any other standards as may be adopted by the
Secretary, including any relevant updates to the International
Fire Code, through a notice published in the Federal
Register.''; and
(B) in subsection (o), by adding at the end the
following:
``(21) Carbon monoxide alarms.--Each dwelling unit receiving
tenant-based assistance or project-based assistance under this
subsection shall have carbon monoxide alarms or detectors
installed in the dwelling unit in a manner that meets or
exceeds--
``(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
``(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the
International Fire Code, through a notice published in
the Federal Register.''.
(c) Supportive Housing for the Elderly.--Section 202(j) of the
Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end
the following:
``(9) Carbon monoxide alarms.--Each owner of a dwelling unit
assisted under this section shall ensure that carbon monoxide
alarms or detectors are installed in the dwelling unit in a
manner that meets or exceeds--
[[Page 134 STAT. 2164]]
``(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
``(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the
International Fire Code, through a notice published in
the Federal Register.''.
(d) Supportive Housing for Persons With Disabilities.--Section
811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(j)) is amended by adding at the end the following:
``(7) Carbon monoxide alarms.--Each dwelling unit assisted
under this section shall contain installed carbon monoxide
alarms or detectors that meet or exceed--
``(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
``(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the
International Fire Code, through a notice published in
the Federal Register.''.
(e) Housing Opportunities for Persons With AIDS.--Section 856 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905) is
amended by adding at the end the following new subsection:
``(i) Carbon monoxide alarms.--Each dwelling
unit assisted under this subtitle shall contain
installed carbon monoxide alarms or detectors that
meet or exceed--
``(1) the standards described in chapters 9 and 11 of the
2018 publication of the International Fire Code, as published by
the International Code Council; or
``(2) any other standards as may be adopted by the
Secretary, including any relevant updates to the International
Fire Code, through a notice published in the Federal
Register.''.
(f) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.) is amended--
(1) in section 514 (42 U.S.C. 1484), by adding at the end
the following:
``(j) Housing and related facilities constructed with loans under
this section shall contain installed carbon monoxide alarms or detectors
that meet or exceed--
``(1) the standards described in chapters 9 and 11 of the
2018 publication of the International Fire Code, as published by
the International Code Council; or
``(2) any other standards as may be adopted by the
Secretary, in collaboration with the Secretary of Housing and
Urban Development, including any relevant updates to the
International Fire Code, through a notice published in the
Federal Register.''; and
(2) in section 515(m) (42 U.S.C. 1485(m))--
(A) by inserting ``(1)'' before ``The Secretary
shall establish''; and
(B) by adding at the end the following:
``(2) Housing and related facilities rehabilitated or
repaired with amounts received under a loan made or insured
under
[[Page 134 STAT. 2165]]
this section shall contain installed carbon monoxide alarms or
detectors that meet or exceed--
``(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
``(B) any other standards as may be adopted by the
Secretary, in collaboration with the Secretary of
Housing and Urban Development, including any relevant
updates to the International Fire Code, through a notice
published in the Federal Register.''.
(g) <<NOTE: 42 USC 1437a note.>> Guidance.--The Secretary of
Housing and Urban Development shall provide guidance to public housing
agencies (as defined in section 3(b)(6) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(6)) on how to educate tenants on health
hazards in the home, including to carbon monoxide poisoning, lead
poisoning, asthma induced by housing-related allergens, and other
housing-related preventable outcomes, to help advance primary prevention
and prevent future deaths and other harms.
(h) <<NOTE: 12 USC 1701q note.>> Effective Date.--The amendments
made by subsections (b) through (e) shall take effect on the date that
is 2 years after the date of enactment of this Act.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and the amendments made by this
section, $101,400,000 per year for each of fiscal years 2021, 2022, and
2023.
(j) <<NOTE: 42 USC 1437a note.>> No Preemption.--Nothing in the
amendments made by this section shall be construed to preempt or limit
the applicability of any State or local law relating to the installation
and maintenance of carbon monoxide alarms or detectors in housing that
requires standards that are more stringent than the standards described
in the amendments made by this section.
(k) Study on Inclusion of Carbon Monoxide Alarms or Detectors in
Other Units.-- <<NOTE: Consultation. Public information. Reports.>> The
Secretary of Housing and Urban Development, in consultation with the
Consumer Product Safety Commission, shall conduct a study and issue a
publicly available report on requiring carbon monoxide alarms or
detectors in federally assisted housing that is not covered in the
amendments made by this section.
SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY DESIGNATED
HOUSING ENTITIES IN CONTINUUM OF CARE
PROGRAM.
(a) In General.--Title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11360 et seq.) is amended--
(1) in section 401 (42 U.S.C. 11360)--
(A) by redesignating paragraphs (10) through (33) as
paragraphs (12) through (35), respectively;
(B) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively;
(C) by inserting after paragraph (7) the following:
``(8) <<NOTE: Definition.>> Formula area.--The term
`formula area' has the meaning given the term in section
1000.302 of title 24, Code of Federal Regulations, or any
successor regulation.'';
(D) in paragraph (9), as so redesignated, by
inserting ``a formula area,'' after ``nonentitlement
area,''; and
(E) by inserting after paragraph (10), as so
redesignated, the following:
[[Page 134 STAT. 2166]]
``(11) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the Native
American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).''; and
(2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at
the end the following:
``SEC. 435. <<NOTE: 42 USC 11389.>> INDIAN TRIBES AND TRIBALLY
DESIGNATED HOUSING ENTITIES.
``Notwithstanding any other provision of this title, for purposes of
this subtitle, an Indian Tribe or tribally designated housing entity (as
defined in section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)) may--
``(1) be a collaborative applicant or eligible entity; or
``(2) receive grant amounts from another entity that
receives a grant directly from the Secretary, and use the
amounts in accordance with this subtitle.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 101(b) of the McKinney-Vento Homeless Assistance Act (Public Law
100-77; 101 Stat. 482) is amended by inserting after the item relating
to section 434 the following:
``Sec. 435. Indian Tribes and tribally designated housing entities.''.
SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES.
(a) Definition of Family.--Subparagraph (A) of section 3(b)(3) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) is
amended--
(1) in the first sentence--
(A) by striking ``(v)'' and inserting ``(vi)''; and
(B) by inserting after ``tenant family,'' the
following: ``(v) a youth described in section
8(x)(2)(B),''; and
(2) in the second sentence, by inserting ``or (vi)'' after
``clause (v)''.
(b) Housing Choice Vouchers for Fostering Stable Housing
Opportunities.--
(1) Assistance for youth aging out of foster care.--Section
8(x) of the United States Housing Act of 1937 (42 U.S.C.
1437f(x)) is amended--
(A) in paragraph (2), by inserting ``subject to
paragraph (5),'' after ``(B)'';
(B) in paragraph (3)--
(i) By striking ``(3) Allocation.--The'' and
inserting the following:
``(3) Allocation.--
``(A) In general.--The''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Assistance for youth aging out of foster
care.-- <<NOTE: Procedures.>> Notwithstanding any other
provision of law, the Secretary shall, subject only to
the availability of funds, allocate such assistance to
any public housing agencies that (i) administer
assistance pursuant to paragraph (2)(B), or seek to
administer such assistance, consistent with procedures
established by the Secretary, (ii) have requested such
assistance so that they may provide timely assistance
[[Page 134 STAT. 2167]]
to eligible youth, and (iii) have submitted to the
Secretary a statement describing how the agency will
connect assisted youths with local community resources
and self-sufficiency services, to the extent they are
available, and obtain referrals from public child
welfare agencies regarding youths in foster care who
become eligible for such assistance.'';
(C) by redesignating paragraph (5) as paragraph (6);
and
(D) by inserting after paragraph (4) the following
new paragraph:
``(5) Requirements for assistance for youth aging out of
foster care.--Assistance provided under this subsection for an
eligible youth pursuant to paragraph (2)(B) shall be subject to
the following requirements:
``(A) Requirements to extend assistance.--
``(i) Participation in family self-
sufficiency.--In the case of a public housing
agency that is providing such assistance under
this subsection on behalf of an eligible youth and
that is carrying out a family self-sufficiency
program under section 23, the agency shall,
subject only to the availability of such
assistance, extend the provision of such
assistance for up to 24 months beyond the period
referred to in paragraph (2)(B), but only during
such period that the youth is in compliance with
the terms and conditions applicable under section
23 and the regulations implementing such section
to a person participating in a family self-
sufficiency program.
``(ii) <<NOTE: Time period.>> Education,
workforce development, or employment.--In the case
of a public housing agency that is providing such
assistance under this subsection on behalf of an
eligible youth and that is not carrying out a
family self-sufficiency program under section 23,
or is carrying out such a program in which the
youth has been unable to enroll, the agency shall,
subject only to the availability of such
assistance, extend the provision of such
assistance for two successive 12-month periods,
after the period referred to in paragraph (2)(B),
but only if for not less than 9 months of the 12-
month period preceding each such extension the
youth was--
``(I) engaged in obtaining a
recognized postsecondary credential or a
secondary school diploma or its
recognized equivalent;
``(II) enrolled in an institution of
higher education, as such term is
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C.
1001(a)) and including the institutions
described in subparagraphs (A) and (B)
of section 102(a)(1) of such Act (20
U.S.C. 1002(a)(1)); or
``(III) participating in a career
pathway, as such term is defined in
section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
Notwithstanding any other provision of this
clause, a public housing agency shall consider
employment as satisfying the requirements under
this subparagraph.
[[Page 134 STAT. 2168]]
``(iii) <<NOTE: Time period. Certification.>>
Exceptions.--Notwithstanding clauses (i) and (ii),
a public housing agency that is providing such
assistance under this subsection on behalf of an
eligible youth shall extend the provision of such
assistance for up to 24 months beyond the period
referred to in paragraph (2)(B), and clauses (i)
and (ii) of this subparagraph shall not apply, if
the eligible youth certifies that he or she is--
``(I) a parent or other household
member responsible for the care of a
dependent child under the age of 6 or
for the care of an incapacitated person;
``(II) a person who is regularly and
actively participating in a drug
addiction or alcohol treatment and
rehabilitation program; or
``(III) a person who is incapable of
complying with the requirement under
clause (i) or (ii), as applicable, due
to a documented medical condition.
``(iv) <<NOTE: Requirement.>> Verification of
compliance.--The Secretary shall require the
public housing agency to verify compliance with
the requirements under this subparagraph by each
eligible youth on whose behalf the agency provides
such assistance under this subsection on an annual
basis in conjunction with reviews of income for
purposes of determining income eligibility for
such assistance.
``(B) Supportive services.--
``(i) Eligibility.--Each eligible youth on
whose behalf such assistance under this subsection
is provided shall be eligible for any supportive
services (as such term is defined in section 3 of
the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)) made available, in connection with
any housing assistance program of the agency, by
or through the public housing agency providing
such assistance.
``(ii) Information.--Upon the initial
provision of such assistance under this subsection
on behalf of any eligible youth, the public
housing agency shall inform such eligible youth of
the existence of any programs or services referred
to in clause (i) and of their eligibility for such
programs and services.
``(C) Applicability to moving to work agencies.--
Notwithstanding any other provision of law, the
requirements of this paragraph shall apply to assistance
under this subsection pursuant to paragraph (2)(B) made
available by each public housing agency participating in
the Moving to Work Program under section 204 of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations
Act, 1996 (42 U.S.C. 1437f note), except that in lieu of
compliance with clause (i) or (ii) of subparagraph (A)
of this paragraph, such an agency may comply with the
requirements under such clauses by complying with such
terms, conditions, and requirements as may be
established by the agency for persons on whose behalf
such rental assistance under this subsection is
provided.
[[Page 134 STAT. 2169]]
``(D) Termination of vouchers upon turn-over.--A
public housing agency shall not reissue any such
assistance made available from appropriated funds when
assistance for the youth initially assisted is
terminated, unless specifically authorized by the
Secretary.
``(E) Reports.--
``(i) <<NOTE: Requirement.>> In general.--The
Secretary shall require each public housing agency
that provides such assistance under this
subsection in any fiscal year to submit a report
to the Secretary for such fiscal year that--
``(I) specifies the number of
persons on whose behalf such assistance
under this subsection was provided
during such fiscal year;
``(II) specifies the number of
persons who applied during such fiscal
year for such assistance under this
subsection, but were not provided such
assistance, and provides a brief
identification in each instance of the
reason why the public housing agency was
unable to award such assistance; and
``(III) describes how the public
housing agency communicated or
collaborated with public child welfare
agencies to collect such data.
``(ii) Information collections.--The Secretary
shall, to the greatest extent possible, utilize
existing information collections, including the
voucher management system (VMS), the Inventory
Management System/PIH Information Center (IMS/
PIC), or the successors of those systems, to
collect information required under this
subparagraph.
``(F) Consultation.--The Secretary shall consult
with the Secretary of Health and Human Services to
provide such information and guidance to the Secretary
of Health and Human Services as may be necessary to
facilitate such Secretary in informing States and public
child welfare agencies on how to correctly and
efficiently implement and comply with the requirements
of this subsection relating to assistance provided
pursuant to paragraph (2)(B).''.
(2) Applicability to fostering stable housing opportunities
program.--Subparagraph (A) of section 8(x)(4) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(x)(4)(A)) is amended
by inserting before the semicolon at the end the following:
``and establishing a point of contact at public housing agencies
to ensure that public housing agencies receive appropriate
referrals regarding eligible recipients''.
(3) PHA administrative fees.--Subsection (q) of section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is
amended by adding at the end the following new paragraph:
``(5) Supplements for administering assistance for youth
aging out of foster care.-- <<NOTE: Determination.>> The
Secretary may provide supplemental fees under this subsection to
the public housing agency for the cost of administering any
assistance for foster youth under subsection (x)(2)(B), in an
amount determined by the Secretary, but only if the agency
waives for such eligible youth receiving assistance any
residency requirement that it has otherwise established pursuant
to subsection (r)(1)(B)(i).''.
(c) Exceptions to Limitations for Project-based Voucher
Assistance.--
[[Page 134 STAT. 2170]]
(1) Percentage limitation.--The first sentence of clause
(ii) of section 8(o)(13)(B) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(13)(B)(ii)), as amended by section
106(a)(2) of the Housing Opportunity Through Modernization Act
of 2016 (Public Law 114-201), is further amended by inserting
before ``or that'' the following: ``that house eligible youths
receiving assistance pursuant to subsection (x)(2)(B),''.
(2) Income-mixing requirement.--Subclause (I) of section
8(o)(13)(D)(ii) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(13)(D)(ii)(I)), as amended by section 106(a)(3)
of the Housing Opportunity Through Modernization Act of 2016
(Public Law 114-201), is further amended by inserting after
``elderly families'' the following: ``, to eligible youths
receiving assistance pursuant to subsection (x)(2)(B),''.
(d) <<NOTE: 42 USC 1437a note.>> Applicability.--The amendments
made by this section shall not apply to housing choice voucher
assistance made available pursuant to section 8(x) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(x)) that is in use on behalf of an
assisted family as of the date of the enactment of this Act.
SEC. 104. <<NOTE: 42 USC 11382 note.>> HOMELESS ASSISTANCE
GRANTS.
(a) <<NOTE: Time period.>> Renewal of Continuum of Care Projects.--
In allocating and awarding amounts provided for the Continuum of Care
program under subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.), the Secretary of Housing and
Urban Development shall renew for one 12-month period, without
additional competition, all projects with existing grants expiring
during calendar year 2021, including youth homelessness demonstration
projects and shelter plus care projects expiring during calendar year
2021, notwithstanding any inconsistent provisions in subtitle C of title
IV of the McKinney-Vento Homeless Assistance Act or any other Act.
(b) Planning and Unified Funding Agency Awards.--Continuum of Care
planning and Unified Funding Agency awards expiring in calendar year
2021 may also be renewed and the Continuum of Care may designate a new
collaborative applicant to receive the award in accordance with the
existing process established by the Secretary of Housing and Urban
Development.
(c) Notice.--The Secretary of Housing and Urban Development shall
publish a notice that identifies and lists all projects and awards
eligible for such noncompetitive renewal, prescribes the format and
process by which the projects and awards from the list will be renewed,
makes adjustments to the renewal amount based on changes to the fair
market rent, and establishes a maximum amount for the renewal of
planning and Unified Funding Agency awards notwithstanding the
requirement that such maximum amount be established in a notice of
funding availability.
SEC. 105. IMPROVEMENTS TO LOAN GUARANTEES FOR INDIAN HOUSING.
(a) <<NOTE: 12 USC 1715z-13a note.>> Findings.--Congress finds
that--
(1) the extended timelines for approving lenders'
applications to participate in the program established under
section 184 of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13a) are unacceptably long;
(2) those extended timelines inhibit the ability of lenders
to provide needed mortgage loans on Native American
reservations; and
[[Page 134 STAT. 2171]]
(3) it can take a significant amount of time for certain
Bureau of Indian Affairs Land Title and Records Offices to issue
final certified title status reports for mortgages issued on
Indian trust land under section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a), which delays the
guarantee of the loan by the Department of Housing and Urban
Development.
(b) Documentation Required for Indian Trust Land.--Section 184(c) of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(c)) is amended by adding at the end the following:
``(5) Trailing documents.--
``(A) In general.--The Secretary may issue a
certificate of guarantee under this subsection for a
loan involving a security interest in Indian trust land
before the Secretary receives the trailing documents
required by the Secretary from the Bureau of Indian
Affairs, including the final certified title status
report showing the recordation by the Bureau of Indian
Affairs of the mortgage relating to the loan, if the
originating lender agrees to indemnify the Secretary for
any losses that may result when--
``(i) a claim payment is presented to the
Secretary due to the default of the borrower on
the loan; and
``(ii) the required trailing documents are
outstanding.
``(B) Termination of indemnification agreement.--An
indemnification agreement between an originating lender
and the Secretary described in subparagraph (A) shall
only terminate upon receipt by the Secretary of the
trailing documents described in that subparagraph in a
form and manner that is acceptable to the Secretary.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as authorizing the Bureau
of Indian Affairs to delay the issuance of a final
certified title status report and recorded mortgage
relating to a loan closed on Indian trust land.''.
(c) <<NOTE: 12 USC 1715z-13a note.>> Reporting.--The Secretary of
Housing and Urban Development shall--
(1) report to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Indian Affairs of the Senate and
the Committee on Financial Services and the Committee on Natural
Resources of the House of Representatives on a semi-annual basis
on the progress that the Secretary is making to accelerate the
processing of loan applications on fee simple and Indian trust
land under section 184 of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13a); and
(2) if there is no improvement in accelerating those
processing timelines, submit to the committees described in
paragraph (1) a report explaining the lack of improvement.
SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE UPON INVESTMENT
RESEARCH INTO SMALL ISSUERS.
(a) <<NOTE: Evaluation.>> Study Required.--The Securities and
Exchange Commission shall conduct a study to evaluate the issues
affecting the provision of and reliance upon investment research into
small
[[Page 134 STAT. 2172]]
issuers, including emerging growth companies and companies considering
initial public offerings.
(b) Contents of Study.--The study required under subsection (a)
shall consider--
(1) factors related to the demand for such research by
institutional and retail investors;
(2) the availability of such research, including--
(A) the number and types of firms who provide such
research;
(B) the volume of such research over time; and
(C) competition in the research market;
(3) conflicts of interest relating to the production and
distribution of investment research;
(4) the costs of such research;
(5) the impacts of different payment mechanisms for
investment research into small issuers, including whether such
research is paid for by--
(A) hard-dollar payments from research clients;
(B) payments directed from the client's commission
income (i.e., ``soft dollars''); or
(C) payments from the issuer that is the subject of
such research;
(6) any unique challenges faced by minority-owned, women-
owned, and veteran-owned small issuers in obtaining research
coverage; and
(7) the impact on the availability of research coverage for
small issuers due to--
(A) investment adviser concentration and
consolidation, including any potential impacts of fund-
size on demand for investment research of small issuers;
(B) broker and dealer concentration and
consolidation, including any relationships between the
size of the firm and allocation of resources for
investment research into small issuers;
(C) Securities and Exchange Commission rules;
(D) registered national securities association
rules;
(E) State and Federal liability concerns;
(F) the settlement agreements referenced in
Securities and Exchange Commission Litigation Release
No. 18438 (i.e., the ``Global Research Analyst
Settlement''); and
(G) Directive 2014/65/EU of the European Parliament
and of the Council of 15 May 2014 on markets in
financial instruments and amending Directive 2002/92/EC
and Directive 2011/61/EU, as implemented by the European
Union (``EU'') member states (``MiFID II'').
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Securities and Exchange Commission shall
submit to Congress a report that includes--
(1) the results of the study required by subsection (a); and
(2) <<NOTE: Recommenda- tions.>> recommendations to
increase the demand for, volume of, and quality of investment
research into small issuers, including emerging growth companies
and companies considering initial public offerings.
[[Page 134 STAT. 2173]]
SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO DIVERSIFIED
COMPANIES.
(a) In General.--The Securities and Exchange Commission shall carry
out a study of the 10 per centum threshold limitation applicable to the
definition of a diversified company under section 5(b)(1) of the
Investment Company Act of 1940 (15 U.S.C. 80a-5(b)(1)) and determine the
impacts of such threshold limits upon the protection of investors,
efficiency, competition, and capital formation.
(b) Considerations.--In carrying out the study required under
subsection (a), the Commission shall consider the following:
(1) The size and number of diversified companies that are
currently restricted in their ability to own more than 10
percent of the voting shares in an individual company.
(2) How the investing preferences of diversified companies
have shifted over time with respect to companies with smaller
market capitalizations and companies in industries where
competition may be limited.
(3) The expected impact to small and emerging growth
companies regarding the availability of capital, related impacts
on investor confidence and risk, and impacts on competition, if
the threshold is increased or otherwise changed.
(4) The ability of registered funds to manage liquidity
risk.
(5) Any other consideration that the Commission considers
necessary and appropriate for the protection of investors.
(c) Solicitation of Public Comments.--In carrying out the study
required under subsection (a), the Commission may solicit public
comments.
(d) <<NOTE: Time period. Public information. Web posting.>>
Report.--Not later than the end of the 180-day period beginning on the
date of enactment of this Act, the Commission shall issue a report to
the Congress, and make such report publicly available on the website of
the Commission, containing--
(1) all findings and determinations made in carrying out the
study required under subsection (a); and
(2) <<NOTE: Recommenda- tions.>> any legislative
recommendations of the Commission.
SEC. 108. <<NOTE: 12 USC 1811 note.>> CYBERSECURITY AND FINANCIAL
SYSTEM RESILIENCE REPORT.
(a) In General.--Not later than the end of the 180-day period
beginning on the date of enactment of this Act, and annually thereafter,
each banking regulator shall submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate that provides a
detailed explanation of measures undertaken to strengthen cybersecurity
within the financial services sector and with respect to the functions
of the regulator, including the supervision and regulation of financial
institutions and, where applicable, third-party service providers. Each
such report shall specifically include a detailed analysis of--
(1) policies and procedures (including those described under
section 3554(b) of title 44, United States Code) to detect,
defend against, and respond to--
(A) efforts to deny access to or degrade, disrupt,
or destroy any information and communications technology
system or network, or exfiltrate information from such a
system or network without authorization;
[[Page 134 STAT. 2174]]
(B) destructive malware attacks;
(C) denial of service activities; and
(D) any other efforts that may threaten the
functions of the banking regulator or entities overseen
by the regulator by undermining cybersecurity and the
resilience of the financial system;
(2) activities to ensure the effective implementation of
policies and procedures described under paragraph (1),
including--
(A) the appointment of qualified staff, the
provision of staff training, the use of accountability
measures to support staff performance, and the
designation, if any, of senior appointed leadership to
strengthen accountability for oversight of cybersecurity
measures within each banking regulator and among
regulated entities;
(B) deployment of adequate resources and
technologies;
(C) efforts of the banking regulators to respond to
cybersecurity-related findings and recommendations of
the Inspector General of the banking regulator or the
independent evaluation described under section 3555 of
title 42, United States Code;
(D) industry efforts to respond to cybersecurity-
related findings and recommendations of the banking
regulators;
(E) as appropriate, efforts to strengthen
cybersecurity in coordination with other Federal
departments and agencies, domestic and foreign financial
institutions, and other partners, including the
development and dissemination of best practices
regarding cybersecurity and the sharing of threat
information; and
(3) any current or emerging threats that are likely to pose
a risk to the resilience of the financial system.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex,
if appropriate.
(c) Congressional Briefing.--Upon request, the head of each banking
regulator shall provide a detailed briefing to the appropriate Members
of Congress on each report submitted pursuant to subsection (a),
except--
(1) the Chairman of the Board of Governors of the Federal
Reserve System may designate another member of the Board of
Governors of the Federal Reserve System to provide such
briefing;
(2) the Chairperson of the Federal Deposit Insurance
Corporation may designate another member of the Board of
Directors of the Corporation to provide such briefing; and
(3) the Chairman of the National Credit Union Administration
may designate another member of the National Credit Union
Administration Board to provide such briefing.
(d) Definitions.--For the purposes of this section:
(1) Appropriate members of congress.--The term ``appropriate
Members of Congress'' means the following:
(A) The Chairman and Ranking Member of the Committee
on Financial Services of the House of Representatives.
(B) The Chairman and Ranking Member of the Committee
on Banking, Housing, and Urban Affairs of the Senate.
[[Page 134 STAT. 2175]]
(2) Banking regulator.--The term ``banking regulator'' means
the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
(3) Senior appointed leadership.--With respect to a banking
regulator, the term ``senior appointed leadership'' means a
position that requires Senate confirmation.
(e) Sunset.--The provisions of this section shall have no force or
effect on or after the date that is 7 years after the date of enactment
of this Act.
TITLE II--INTELLECTUAL PROPERTY
Subtitle A--Copyrights
SEC. 211. UNAUTHORIZED STREAMING.
(a) Amendment.--Chapter 113 of title 18, United States Code, is
amended by inserting after section 2319B the following:
``Sec. 2319C. <<NOTE: 18 USC 2319C.>> Illicit digital
transmission services
``(a) Definitions.--In this section--
``(1) the terms `audiovisual work', `computer program',
`copies', `copyright owner', `digital transmission', `financial
gain', `motion picture', `motion picture exhibition facility',
`perform', `phonorecords', `publicly' (with respect to
performing a work), `sound recording', and `transmit' have the
meanings given those terms in section 101 of title 17;
``(2) the term `digital transmission service' means a
service that has the primary purpose of publicly performing
works by digital transmission;
``(3) the terms `publicly perform' and `public performance'
refer to the exclusive rights of a copyright owner under
paragraphs (4) and (6) of section 106 (relating to exclusive
rights in copyrighted works) of title 17, as limited by sections
107 through 122 of title 17; and
``(4) the term `work being prepared for commercial public
performance' means--
``(A) a computer program, a musical work, a motion
picture or other audiovisual work, or a sound recording,
if, at the time of unauthorized public performance--
``(i) the copyright owner has a reasonable
expectation of commercial public performance; and
``(ii) the copies or phonorecords of the work
have not been commercially publicly performed in
the United States by or with the authorization of
the copyright owner; or
``(B) a motion picture, if, at the time of
unauthorized public performance, the motion picture--
``(i)(I) has been made available for viewing
in a motion picture exhibition facility; and
``(II) has not been made available in copies
for sale to the general public in the United
States by or with the authorization of the
copyright owner in a format intended to permit
viewing outside a motion picture exhibition
facility; or
[[Page 134 STAT. 2176]]
``(ii) had not been commercially publicly
performed in the United States by or with the
authorization of the copyright owner more than 24
hours before the unauthorized public performance.
``(b) Prohibited Act.--It shall be unlawful for a person to
willfully, and for purposes of commercial advantage or private financial
gain, offer or provide to the public a digital transmission service
that--
``(1) is primarily designed or provided for the purpose of
publicly performing works protected under title 17 by means of a
digital transmission without the authority of the copyright
owner or the law;
``(2) has no commercially significant purpose or use other
than to publicly perform works protected under title 17 by means
of a digital transmission without the authority of the copyright
owner or the law; or
``(3) is intentionally marketed by or at the direction of
that person to promote its use in publicly performing works
protected under title 17 by means of a digital transmission
without the authority of the copyright owner or the law.
``(c) Penalties.--Any person who violates subsection (b) shall be,
in addition to any penalties provided for under title 17 or any other
law--
``(1) fined under this title, imprisoned not more than 3
years, or both;
``(2) fined under this title, imprisoned not more than 5
years, or both, if--
``(A) the offense was committed in connection with 1
or more works being prepared for commercial public
performance; and
``(B) the person knew or should have known that the
work was being prepared for commercial public
performance; and
``(3) fined under this title, imprisoned not more than 10
years, or both, if the offense is a second or subsequent offense
under this section or section 2319(a).
``(d) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) affect the interpretation of any other provision of
civil copyright law, including the limitations of liability set
forth in section 512 of title 17, or principles of secondary
liability; or
``(2) prevent any Federal or State authority from enforcing
cable theft or theft of service laws that are not subject to
preemption under section 301 of title 17.''.
(b) Table of Sections Amendment.--The table of section for chapter
113 of title 18, United States Code, <<NOTE: 18 USC 2311 prec.>> is
amended by inserting after the item relating to section 2319B the
following:
``2319C. Illicit digital transmission services.''.
SEC. 212. <<NOTE: Copyright Alternative in Small-Claims
Enforcement Act of 2020.>> COPYRIGHT
SMALL CLAIMS.
(a) <<NOTE: 17 USC 101 note.>> Short Title.--This section may be
cited as the ``Copyright Alternative in Small-Claims Enforcement Act of
2020'' or the ``CASE Act of 2020''.
(b) Amendment.--Title 17, United States Code, is amended by adding
at the end the following:
[[Page 134 STAT. 2177]]
``CHAPTER 15-- <<NOTE: 17 USC 1501 prec.>> COPYRIGHT SMALL CLAIMS
``1501. Definitions.
``1502. Copyright Claims Board.
``1503. Authority and duties of the Copyright Claims Board.
``1504. Nature of proceedings.
``1505. Registration requirement.
``1506. Conduct of proceedings.
``1507. Effect of proceeding.
``1508. Review and confirmation by district court.
``1509. Relationship to other district court actions.
``1510. Implementation by Copyright Office.
``1511. Funding.
``Sec. 1501. <<NOTE: 17 USC 1501.>> Definitions
``In this chapter--
``(1) the term `claimant' means the real party in interest
that commences a proceeding before the Copyright Claims Board
under section 1506(e), pursuant to a permissible claim of
infringement brought under section 1504(c)(1), noninfringement
brought under section 1504(c)(2), or misrepresentation brought
under section 1504(c)(3);
``(2) the term `counterclaimant' means a respondent in a
proceeding before the Copyright Claims Board that--
``(A) asserts a permissible counterclaim under
section 1504(c)(4) against the claimant in the
proceeding; and
``(B) is the real party in interest with respect to
the counterclaim described in subparagraph (A);
``(3) the term `party'--
``(A) means a party; and
``(B) includes the attorney of a party, as
applicable; and
``(4) the term `respondent' means any person against whom a
proceeding is brought before the Copyright Claims Board under
section 1506(e), pursuant to a permissible claim of infringement
brought under section 1504(c)(1), noninfringement brought under
section 1504(c)(2), or misrepresentation brought under section
1504(c)(3).
``Sec. 1502. <<NOTE: 17 USC 1502.>> Copyright Claims Board
``(a) <<NOTE: Establishment.>> In General.--There is established in
the Copyright Office the Copyright Claims Board, which shall serve as an
alternative forum in which parties may voluntarily seek to resolve
certain copyright claims regarding any category of copyrighted work, as
provided in this chapter.
``(b) Officers and Staff.--
``(1) <<NOTE: Recommenda- tions.>> Copyright claims
officers.--The Register of Copyrights shall recommend 3 full-
time Copyright Claims Officers to serve on the Copyright Claims
Board in accordance with paragraph
(3)(A). <<NOTE: Appointment. Consultation.>> The Officers shall
be appointed by the Librarian of Congress to such positions
after consultation with the Register of Copyrights.
``(2) Copyright claims attorneys.--The Register of
Copyrights shall hire not fewer than 2 full-time Copyright
Claims Attorneys to assist in the administration of the
Copyright Claims Board.
``(3) Qualifications.--
``(A) Copyright claims officers.--
[[Page 134 STAT. 2178]]
``(i) In general.--Each Copyright Claims
Officer shall be an attorney who has not fewer
than 7 years of legal experience.
``(ii) Experience.--Two of the Copyright
Claims Officers shall--
``(I) have substantial experience in
the evaluation, litigation, or
adjudication of copyright infringement
claims; and
``(II) between those 2 Officers,
have represented or presided over a
diversity of copyright interests,
including those of both owners and users
of copyrighted works.
``(iii) Alternative dispute resolution.--The
Copyright Claims Officer not described in clause
(ii) shall have substantial familiarity with
copyright law and experience in the field of
alternative dispute resolution, including the
resolution of litigation matters through that
method of resolution.
``(B) Copyright claims attorneys.--Each Copyright
Claims Attorney shall be an attorney who has not fewer
than 3 years of substantial experience in copyright law.
``(4) Compensation.--
``(A) Copyright claims officers.--
``(i) Definition.--In this subparagraph, the
term `senior level employee of the Federal
Government' means an employee, other than an
employee in the Senior Executive Service, the
position of whom is classified above GS-15 of the
General Schedule.
``(ii) Pay range.--Each Copyright Claims
Officer shall be compensated at a rate of pay that
is not less than the minimum, and not more than
the maximum, rate of pay payable for senior level
employees of the Federal Government, including
locality pay, as applicable.
``(B) Copyright claims attorneys.--Each Copyright
Claims Attorney shall be compensated at a rate of pay
that is not more than the maximum rate of pay payable
for level 10 of GS-15 of the General Schedule, including
locality pay, as applicable.
``(5) Terms.--
``(A) In general.--Subject to subparagraph (B), a
Copyright Claims Officer shall serve for a renewable
term of 6 years.
``(B) Initial terms.--The terms for the first
Copyright Claims Officers appointed under this chapter
shall be as follows:
``(i) The first such Copyright Claims Officer
appointed shall be appointed for a term of 4
years.
``(ii) The second Copyright Claims Officer
appointed shall be appointed for a term of 5
years.
``(iii) The third Copyright Claims Officer
appointed shall be appointed for a term of 6
years.
``(6) Vacancies and incapacity.--
``(A) Vacancy.--
``(i) <<NOTE: Recommenda-
tion. Consultation.>> In general.--If a vacancy
occurs in the position of a Copyright Claims
Officer, the Librarian of Congress shall, upon the
recommendation of, and in
[[Page 134 STAT. 2179]]
consultation with, the Register of Copyrights, act
expeditiously to appoint a Copyright Claims
Officer for that position.
``(ii) Vacancy before expiration.--An
individual appointed to fill a vacancy occurring
before the expiration of the term for which the
predecessor of the individual was appointed shall
be appointed to serve a 6-year term.
``(B) <<NOTE: Recommenda-
tion. Consultation. Appointment.>> Incapacity.--If a
Copyright Claims Officer is temporarily unable to
perform the duties of the Officer, the Librarian of
Congress shall, upon recommendation of, and in
consultation with, the Register of Copyrights, act
expeditiously to appoint an interim Copyright Claims
Officer to perform such duties during the period of such
incapacity.
``(7) Sanction or removal.--Subject to section 1503(b), the
Librarian of Congress may sanction or remove a Copyright Claims
Officer.
``(8) Administrative support.--The Register of Copyrights
shall provide the Copyright Claims Officers and Copyright Claims
Attorneys with necessary administrative support, including
technological facilities, to carry out the duties of the
Officers and Attorneys under this chapter.
``(9) Location of copyright claims board.--The offices and
facilities of the Copyright Claims Officers and Copyright Claims
Attorneys shall be located at the Copyright Office.
``Sec. 1503. <<NOTE: 17 USC 1503.>> Authority and duties of the
Copyright Claims Board
``(a) Functions.--
``(1) Copyright claims officers.--Subject to the provisions
of this chapter and applicable regulations, the functions of the
Copyright Claims Officers shall be as follows:
``(A) <<NOTE: Determinations.>> To render
determinations on the civil copyright claims,
counterclaims, and defenses that may be brought before
the Officers under this chapter.
``(B) To ensure that claims, counterclaims, and
defenses are properly asserted and otherwise appropriate
for resolution by the Copyright Claims Board.
``(C) To manage the proceedings before the Officers
and render rulings pertaining to the consideration of
claims, counterclaims, and defenses, including with
respect to scheduling, discovery, evidentiary, and other
matters.
``(D) To request, from participants and
nonparticipants in a proceeding, the production of
information and documents relevant to the resolution of
a claim, counterclaim, or defense.
``(E) To conduct hearings and conferences.
``(F) To facilitate the settlement by the parties of
claims and counterclaims.
``(G) To--
``(i) award monetary relief; and
``(ii) <<NOTE: Requirement.>> include in the
determinations of the Officers a requirement that
certain activities under section 1504(e)(2) cease
or be mitigated, if the party to undertake the
applicable measure has so agreed.
[[Page 134 STAT. 2180]]
``(H) <<NOTE: Public information.>> To provide
information to the public concerning the procedures and
requirements of the Copyright Claims Board.
``(I) <<NOTE: Records. Certification. Public
information.>> To maintain records of the proceedings
before the Officers, certify official records of such
proceedings as needed, and, as provided in section
1506(t), make the records in such proceedings available
to the public.
``(J) To carry out such other duties as are set
forth in this chapter.
``(K) When not engaged in performing the duties of
the Officers set forth in this chapter, to perform such
other duties as may be assigned by the Register of
Copyrights.
``(2) Copyright claims attorneys.--Subject to the provisions
of this chapter and applicable regulations, the functions of the
Copyright Claims Attorneys shall be as follows:
``(A) To provide assistance to the Copyright Claims
Officers in the administration of the duties of those
Officers under this chapter.
``(B) To provide assistance to members of the public
with respect to the procedures and requirements of the
Copyright Claims Board.
``(C) To provide information to potential claimants
contemplating bringing a permissible action before the
Copyright Claims Board about obtaining a subpoena under
section 512(h) for the sole purpose of identifying a
potential respondent in such an action.
``(D) When not engaged in performing the duties of
the Attorneys set forth in this chapter, to perform such
other duties as may be assigned by the Register of
Copyrights.
``(b) Independence in Determinations.--
``(1) In general.--The Copyright Claims Board shall render
the determinations of the Board in individual proceedings
independently on the basis of the records in the proceedings
before it and in accordance with the provisions of this title,
judicial precedent, and applicable regulations of the Register
of Copyrights.
``(2) Consultation.--The Copyright Claims Officers and
Copyright Claims Attorneys--
``(A) may consult with the Register of Copyrights on
general issues of law; and
``(B) subject to section 1506(x), may not consult
with the Register of Copyrights with respect to--
``(i) the facts of any particular matter
pending before the Officers and the Attorneys; or
``(ii) the application of law to the facts
described in clause (i).
``(3) Performance appraisals.--Notwithstanding any other
provision of law or any regulation or policy of the Library of
Congress or Register of Copyrights, any performance appraisal of
a Copyright Claims Officer or Copyright Claims Attorney may not
consider the substantive result of any individual determination
reached by the Copyright Claims Board as a basis for appraisal
except to the extent that the result may relate to any actual or
alleged violation of an ethical standard of conduct.
[[Page 134 STAT. 2181]]
``(c) Direction by Register.--Subject to subsection (b), the
Copyright Claims Officers and Copyright Claims Attorneys shall, in the
administration of their duties, be under the general direction of the
Register of Copyrights.
``(d) Inconsistent Duties Barred.--A Copyright Claims Officer or
Copyright Claims Attorney may not undertake any duty that conflicts with
the duties of the Officer or Attorney in connection with the Copyright
Claims Board.
``(e) Recusal.--A Copyright Claims Officer or Copyright Claims
Attorney shall recuse himself or herself from participation in any
proceeding with respect to which the Copyright Claims Officer or
Copyright Claims Attorney, as the case may be, has reason to believe
that he or she has a conflict of interest.
``(f) Ex Parte Communications.--Except as may otherwise be permitted
by applicable law, any party to a proceeding before the Copyright Claims
Board shall refrain from ex parte communications with the Copyright
Claims Officers and the Register of Copyrights concerning the substance
of any active or pending proceeding before the Copyright Claims Board.
``(g) Judicial Review.--Actions of the Copyright Claims Officers and
Register of Copyrights under this chapter in connection with the
rendering of any determination are subject to judicial review as
provided under section 1508(c) and not under chapter 7 of title 5.
``Sec. 1504. <<NOTE: 17 USC 1504.>> Nature of proceedings
``(a) Voluntary Participation.--Participation in a Copyright Claims
Board proceeding shall be on a voluntary basis in accordance with this
chapter, and the right of any party to instead pursue a claim,
counterclaim, or defense in a district court of the United States, any
other court, or any other forum, and to seek a jury trial, shall be
preserved. The rights, remedies, and limitations under this section may
not be waived except in accordance with this chapter.
``(b) Statute of Limitations.--
``(1) <<NOTE: Deadline.>> In general.--A proceeding may not
be maintained before the Copyright Claims Board unless the
proceeding is commenced, in accordance with section 1506(e),
before the Copyright Claims Board not later than 3 years after
the claim accrued.
``(2) Tolling.--Subject to section 1507(a), a proceeding
commenced before the Copyright Claims Board shall toll the time
permitted under section 507(b) for the commencement of an action
on the same claim in a district court of the United States
during the period in which the proceeding is pending.
``(c) <<NOTE: Determinations. Regulations.>> Permissible Claims,
Counterclaims, and Defenses.--The Copyright Claims Board may render
determinations with respect to the following claims, counterclaims, and
defenses, subject to such further limitations and requirements,
including with respect to particular classes of works, as may be set
forth in regulations established by the Register of Copyrights:
``(1) A claim for infringement of an exclusive right in a
copyrighted work provided under section 106 by the legal or
beneficial owner of the exclusive right at the time of the
infringement for which the claimant seeks damages, if any,
within the limitations set forth in subsection (e)(1).
[[Page 134 STAT. 2182]]
``(2) A claim for a declaration of noninfringement of an
exclusive right in a copyrighted work provided under section
106, consistent with section 2201 of title 28.
``(3) A claim under section 512(f) for misrepresentation in
connection with a notification of claimed infringement or a
counter notification seeking to replace removed or disabled
material, except that any remedies relating to such a claim in a
proceeding before the Copyright Claims Board shall be limited to
those available under this chapter.
``(4) A counterclaim that is asserted solely against the
claimant in a proceeding--
``(A) pursuant to which the counterclaimant seeks
damages, if any, within the limitations set forth in
subsection (e)(1); and
``(B) that--
``(i) arises under section 106 or section
512(f) and out of the same transaction or
occurrence that is the subject of a claim of
infringement brought under paragraph (1), a claim
of noninfringement brought under paragraph (2), or
a claim of misrepresentation brought under
paragraph (3); or
``(ii) arises under an agreement pertaining to
the same transaction or occurrence that is the
subject of a claim of infringement brought under
paragraph (1), if the agreement could affect the
relief awarded to the claimant.
``(5) A legal or equitable defense under this title or
otherwise available under law, in response to a claim or
counterclaim asserted under this subsection.
``(6) A single claim or multiple claims permitted under
paragraph (1), (2), or (3) by 1 or more claimants against 1 or
more respondents, but only if all claims asserted in any 1
proceeding arise out of the same allegedly infringing activity
or continuous course of infringing activities and do not, in the
aggregate, result in the recovery of such claim or claims for
damages that exceed the limitations under subsection (e)(1).
``(d) Excluded Claims.--The following claims and counterclaims are
not subject to determination by the Copyright Claims Board:
``(1) A claim or counterclaim that is not a permissible
claim or counterclaim under subsection (c).
``(2) A claim or counterclaim that has been finally
adjudicated by a court of competent jurisdiction or that is
pending before a court of competent jurisdiction, unless that
court has granted a stay to permit that claim or counterclaim to
proceed before the Copyright Claims Board.
``(3) A claim or counterclaim by or against a Federal or
State governmental entity.
``(4) A claim or counterclaim asserted against a person or
entity residing outside of the United States, except in a case
in which the person or entity initiated the proceeding before
the Copyright Claims Board and is subject to counterclaims under
this chapter.
``(e) Permissible Remedies.--
``(1) Monetary recovery.--
``(A) Actual damages, profits, and statutory damages
for infringement.--With respect to a claim or
[[Page 134 STAT. 2183]]
counterclaim for infringement of copyright, and subject
to the limitation on total monetary recovery under
subparagraph (D), the Copyright Claims Board may award
either of the following:
``(i) Actual damages and profits determined in
accordance with section 504(b), with that award
taking into consideration, in appropriate cases,
whether the infringing party has agreed to cease
or mitigate the infringing activity under
paragraph (2).
``(ii) Statutory damages, which shall be
determined in accordance with section 504(c),
subject to the following conditions:
``(I) With respect to works timely
registered under section 412, so that
the works are eligible for an award of
statutory damages in accordance with
that section, the statutory damages may
not exceed $15,000 for each work
infringed.
``(II) With respect to works not
timely registered under section 412, but
eligible for an award of statutory
damages under this section, statutory
damages may not exceed $7,500 per work
infringed, or a total of $15,000 in any
1 proceeding.
``(III) The Copyright Claims Board
may not make any finding that, or
consider whether, the infringement was
committed willfully in making an award
of statutory damages.
``(IV) The Copyright Claims Board
may consider, as an additional factor in
awarding statutory damages, whether the
infringer has agreed to cease or
mitigate the infringing activity under
paragraph (2).
``(B) Election of damages.--With respect to a claim
or counterclaim of infringement, at any time before
final determination is rendered, and notwithstanding the
schedule established by the Copyright Claims Board under
section 1506(k), the claimant or counterclaimant shall
elect--
``(i) to recover actual damages and profits or
statutory damages under subparagraph (A); or
``(ii) not to recover damages.
``(C) Damages for other claims.--Damages for claims
and counterclaims other than infringement claims, such
as those brought under section 512(f), shall be subject
to the limitation under subparagraph (D).
``(D) Limitation on total monetary recovery.--
Notwithstanding any other provision of law, a party that
pursues any 1 or more claims or counterclaims in any
single proceeding before the Copyright Claims Board may
not seek or recover in that proceeding a total monetary
recovery that exceeds the sum of $30,000, exclusive of
any attorneys' fees and costs that may be awarded under
section 1506(y)(2).
``(2) <<NOTE: Determination. Requirement.>> Agreement to
cease certain activity.--In a determination of the Copyright
Claims Board, the Board shall include a requirement to cease
conduct if, in the proceeding relating to the determination--
``(A) a party agrees--
[[Page 134 STAT. 2184]]
``(i) to cease activity that is found to be
infringing, including removing or disabling access
to, or destroying, infringing materials; or
``(ii) to cease sending a takedown notice or
counter notice under section 512 to the other
party regarding the conduct at issue before the
Board if that notice or counter notice was found
to be a knowing material misrepresentation under
section 512(f); and
``(B) <<NOTE: Records.>> the agreement described in
subparagraph (A) is reflected in the record for the
proceeding.
``(3) Attorneys' fees and costs.--Notwithstanding any other
provision of law, except in the case of bad faith conduct as
provided in section 1506(y)(2), the parties to proceedings
before the Copyright Claims Board shall bear their own
attorneys' fees and costs.
``(f) Joint and Several Liability.--Parties to a proceeding before
the Copyright Claims Board may be found jointly and severally liable if
all such parties and relevant claims or counterclaims arise from the
same activity or activities.
``(g) Permissible Number of Cases.--The Register of Copyrights may
establish regulations relating to the permitted number of proceedings
each year by the same claimant under this chapter, in the interests of
justice and the administration of the Copyright Claims Board.
``Sec. 1505. <<NOTE: 17 USC 1505.>> Registration requirement
``(a) Application or Certificate.--A claim or counterclaim alleging
infringement of an exclusive right in a copyrighted work may not be
asserted before the Copyright Claims Board unless--
``(1) the legal or beneficial owner of the copyright has
first delivered a completed application, a deposit, and the
required fee for registration of the copyright to the Copyright
Office; and
``(2) a registration certificate has either been issued or
has not been refused.
``(b) Certificate of Registration.--Notwithstanding any other
provision of law, a claimant or counterclaimant in a proceeding before
the Copyright Claims Board shall be eligible to recover actual damages
and profits or statutory damages under this chapter for infringement of
a work if the requirements of subsection (a) have been met, except
that--
``(1) <<NOTE: Determination.>> the Copyright Claims Board
may not render a determination in the proceeding until--
``(A) a registration certificate with respect to the
work has been issued by the Copyright Office, submitted
to the Copyright Claims Board, and made available to the
other parties to the proceeding; and
``(B) the other parties to the proceeding have been
provided an opportunity to address the registration
certificate;
``(2) <<NOTE: Time periods. Notice.>> if the proceeding may
not proceed further because a registration certificate for the
work is pending, the proceeding shall be held in abeyance
pending submission of the certificate to the Copyright Claims
Board, except that, if the proceeding is held in abeyance for
more than 1 year, the Copyright Claims Board may, upon providing
written notice to the parties to
[[Page 134 STAT. 2185]]
the proceeding, and 30 days to the parties to respond to the
notice, dismiss the proceeding without prejudice; and
``(3) if the Copyright Claims Board receives notice that
registration with respect to the work has been refused, the
proceeding shall be dismissed without prejudice.
``(c) <<NOTE: Deadline. Applicability.>> Presumption.--In a case in
which a registration certificate shows that registration with respect to
a work was issued not later than 5 years after the date of the first
publication of the work, the presumption under section 410(c) shall
apply in a proceeding before the Copyright Claims Board, in addition to
relevant principles of law under this title.
``(d) Regulations.--In order to ensure that actions before the
Copyright Claims Board proceed in a timely manner, the Register of
Copyrights shall establish regulations allowing the Copyright Office to
make a decision, on an expedited basis, to issue or deny copyright
registration for an unregistered work that is at issue before the Board.
``Sec. 1506. <<NOTE: 17 USC 1506.>> Conduct of proceedings
``(a) In General.--
``(1) <<NOTE: Regulations.>> Applicable law.--Proceedings
of the Copyright Claims Board shall be conducted in accordance
with this chapter and regulations established by the Register of
Copyrights under this chapter, in addition to relevant
principles of law under this title.
``(2) <<NOTE: Determination.>> Conflicting precedent.--If
it appears that there may be conflicting judicial precedent on
an issue of substantive copyright law that cannot be reconciled,
the Copyright Claims Board shall follow the law of the Federal
jurisdiction in which the action could have been brought if
filed in a district court of the United States, or, if the
action could have been brought in more than 1 such jurisdiction,
the jurisdiction that the Copyright Claims Board determines has
the most significant ties to the parties and conduct at issue.
``(b) Record.--The Copyright Claims Board shall maintain records
documenting the proceedings before the Board.
``(c) Centralized Process.--Proceedings before the Copyright Claims
Board shall--
``(1) be conducted at the offices of the Copyright Claims
Board without the requirement of in-person appearances by
parties or others; and
``(2) take place by means of written submissions, hearings,
and conferences carried out through internet-based applications
and other telecommunications facilities, except that, in cases
in which physical or other nontestimonial evidence material to a
proceeding cannot be furnished to the Copyright Claims Board
through available telecommunications facilities, the Copyright
Claims Board may make alternative arrangements for the
submission of such evidence that do not prejudice any other
party to the proceeding.
``(d) Representation.--A party to a proceeding before the Copyright
Claims Board may be, but is not required to be, represented by--
``(1) an attorney; or
``(2) a law student who is qualified under applicable law
governing representation by law students of parties in legal
[[Page 134 STAT. 2186]]
proceedings and who provides such representation on a pro bono
basis.
``(e) <<NOTE: Regulations.>> Commencement of Proceeding.--In order
to commence a proceeding under this chapter, a claimant shall, subject
to such additional requirements as may be prescribed in regulations
established by the Register of Copyrights, file a claim with the
Copyright Claims Board, that--
``(1) includes a statement of material facts in support of
the claim;
``(2) <<NOTE: Certification.>> is certified under
subsection (y)(1); and
``(3) is accompanied by a filing fee in such amount as may
be prescribed in regulations established by the Register of
Copyrights.
``(f) Review of Claims and Counterclaims.--
``(1) <<NOTE: Notifications. Compliance.>> Claims.--Upon
the filing of a claim under subsection (e), the claim shall be
reviewed by a Copyright Claims Attorney to ensure that the claim
complies with this chapter and applicable regulations, subject
to the following:
``(A) If the claim is found to comply, the claimant
shall be notified regarding that compliance and
instructed to proceed with service of the claim under
subsection (g).
``(B) <<NOTE: Notification. Deadlines.>> If the
claim is found not to comply, the claimant shall be
notified that the claim is deficient and be permitted to
file an amended claim not later than 30 days after the
date on which the claimant receives the notice, without
the requirement of an additional filing fee. If the
claimant files a compliant claim within that 30-day
period, the claimant shall be so notified and be
instructed to proceed with service of the claim. If the
claim is refiled within that 30-day period and still
fails to comply, the claimant shall again be notified
that the claim is deficient and shall be provided a
second opportunity to amend the claim not later than 30
days after the date of that second notice, without the
requirement of an additional filing fee. If the claim is
refiled again within that second 30-day period and is
compliant, the claimant shall be so notified and shall
be instructed to proceed with service of the claim, but
if the claim still fails to comply, upon confirmation of
such noncompliance by a Copyright Claims Officer, the
proceeding shall be dismissed without prejudice. The
Copyright Claims Board shall also dismiss without
prejudice any proceeding in which a compliant claim is
not filed within the applicable 30-day period.
``(C)(i) Subject to clause (ii), for purposes of
this paragraph, a claim against an online service
provider for infringement by reason of the storage of or
referral or linking to infringing material that may be
subject to the limitations on liability set forth in
subsection (b), (c), or (d) of section 512 shall be
considered noncompliant unless the claimant affirms in
the statement required under subsection (e)(1) of this
section that the claimant has previously notified the
service provider of the claimed infringement in
accordance with subsection (b)(2)(E), (c)(3), or (d)(3)
of section 512, as applicable, and the service provider
failed to remove or disable access to the material
expeditiously upon the provision of such notice.
[[Page 134 STAT. 2187]]
``(ii) If a claim is found to be noncompliant under
clause (i), the Copyright Claims Board shall provide the
claimant with information concerning the service of such
a notice under the applicable provision of section 512.
``(2) <<NOTE: Notifications. Deadlines.>> Counterclaims.--
Upon the filing and service of a counterclaim, the counterclaim
shall be reviewed by a Copyright Claims Attorney to ensure that
the counterclaim complies with the provisions of this chapter
and applicable regulations. If the counterclaim is found not to
comply, the counterclaimant and the other parties to the
proceeding shall be notified that the counterclaim is deficient,
and the counterclaimant shall be permitted to file and serve an
amended counterclaim not later than 30 days after the date of
such notice. If the counterclaimant files and serves a compliant
counterclaim within that 30-day period, the counterclaimant and
such other parties shall be so notified. If the counterclaim is
refiled and served within that 30-day period but still fails to
comply, the counterclaimant and such other parties shall again
be notified that the counterclaim is deficient, and the
counterclaimant shall be provided a second opportunity to amend
the counterclaim not later than 30 days after the date of the
second notice. If the counterclaim is refiled and served again
within that second 30-day period and is compliant, the
counterclaimant and such other parties shall be so notified, but
if the counterclaim still fails to comply, upon confirmation of
such noncompliance by a Copyright Claims Officer, the
counterclaim, but not the proceeding, shall be dismissed without
prejudice.
``(3) Dismissal for unsuitability.--The Copyright Claims
Board shall dismiss a claim or counterclaim without prejudice
if, upon reviewing the claim or counterclaim, or at any other
time in the proceeding, the Copyright Claims Board concludes
that the claim or counterclaim is unsuitable for determination
by the Copyright Claims Board, including on account of any of
the following:
``(A) The failure to join a necessary party.
``(B) The lack of an essential witness, evidence, or
expert testimony.
``(C) The determination of a relevant issue of law
or fact that could exceed either the number of
proceedings the Copyright Claims Board could reasonably
administer or the subject matter competence of the
Copyright Claims Board.
``(g) <<NOTE: Deadline.>> Service of Notice and Claims.--In order
to proceed with a claim against a respondent, a claimant shall, not
later than 90 days after receiving notification under subsection (f) to
proceed with service, file with the Copyright Claims Board proof of
service on the respondent. <<NOTE: Records. Waiver. Regulations.>> In
order to effectuate service on a respondent, the claimant shall cause
notice of the proceeding and a copy of the claim to be served on the
respondent, either by personal service or pursuant to a waiver of
personal service, as prescribed in regulations established by the
Register of Copyrights. <<NOTE: Requirements.>> Such regulations shall
include the following requirements:
``(1) <<NOTE: Deadline.>> The notice of the proceeding
shall adhere to a prescribed form and shall set forth the nature
of the Copyright Claims Board and proceeding, the right of the
respondent to opt out, and the consequences of opting out and
not opting
[[Page 134 STAT. 2188]]
out, including a prominent statement that, by not opting out
within 60 days after receiving the notice, the respondent--
``(A) loses the opportunity to have the dispute
decided by a court created under article III of the
Constitution of the United States; and
``(B) waives the right to a jury trial regarding the
dispute.
``(2) <<NOTE: Records.>> The copy of the claim served on
the respondent shall be the same as the claim that was filed
with the Copyright Claims Board.
``(3) Personal service of a notice and claim may be effected
by an individual who is not a party to the proceeding and is
older than 18 years of age.
``(4) <<NOTE: Records.>> An individual, other than a minor
or incompetent individual, may be served by--
``(A) complying with State law for serving a summons
in an action brought in courts of general jurisdiction
in the State where service is made;
``(B) delivering a copy of the notice and claim to
the individual personally;
``(C) leaving a copy of the notice and claim at the
individual's dwelling or usual place of abode with
someone of suitable age and discretion who resides
there; or
``(D) delivering a copy of the notice and claim to
an agent designated by the respondent to receive service
of process or, if not so designated, an agent authorized
by appointment or by law to receive service of process.
``(5)(A) <<NOTE: Records.>> A corporation, partnership, or
unincorporated association that is subject to suit in courts of
general jurisdiction under a common name shall be served by
delivering a copy of the notice and claim to its service agent.
If such service agent has not been designated, service shall be
accomplished--
``(i) by complying with State law for serving a
summons in an action brought in courts of general
jurisdiction in the State where service is made; or
``(ii) by delivering a copy of the notice and claim
to an officer, a managing or general agent, or any other
agent authorized by appointment or by law to receive
service of process in an action brought in courts of
general jurisdiction in the State where service is made
and, if the agent is one authorized by statute and the
statute so requires, by also mailing a copy of the
notice and claim to the respondent.
``(B) <<NOTE: Requirements. Regulations.>> A corporation,
partnership, or unincorporated association that is subject to
suit in courts of general jurisdiction under a common name may
elect to designate a service agent to receive notice of a claim
against it before the Copyright Claims Board by complying with
requirements that the Register of Copyrights shall establish by
regulation. <<NOTE: Public information.>> The Register of
Copyrights shall maintain a current directory of service agents
that is available to the public for inspection, including
through the internet, and may require such corporations,
partnerships, and unincorporated associations designating such
service agents to pay a fee to cover the costs of maintaining
the directory.
``(6) <<NOTE: Waiver. Notification. Regulations.>> In order
to request a waiver of personal service, the claimant may notify
a respondent, by first class mail or by
[[Page 134 STAT. 2189]]
other reasonable means, that a proceeding has been commenced,
such notice to be made in accordance with regulations
established by the Register of Copyrights, subject to the
following:
``(A) <<NOTE: Notice. Records.>> Any such request
shall be in writing, shall be addressed to the
respondent, and shall be accompanied by a prescribed
notice of the proceeding, a copy of the claim as filed
with the Copyright Claims Board, a prescribed form for
waiver of personal service, and a prepaid or other means
of returning the form without cost.
``(B) <<NOTE: Time period.>> The request shall
state the date on which the request is sent, and shall
provide the respondent a period of 30 days, beginning on
the date on which the request is sent, to return the
waiver form signed by the respondent. The signed waiver
form shall, for purposes of this subsection, constitute
acceptance and proof of service as of the date on which
the waiver is signed.
``(7)(A) A respondent's waiver of personal service shall not
constitute a waiver of the respondent's right to opt out of the
proceeding.
``(B) <<NOTE: Time period.>> A respondent who timely waives
personal service under paragraph (6) and does not opt out of the
proceeding shall be permitted a period of 30 days, in addition
to the period otherwise permitted under the applicable
procedures of the Copyright Claims Board, to submit a
substantive response to the claim, including any defenses and
counterclaims.
``(8) A minor or an incompetent individual may only be
served by complying with State law for serving a summons or like
process on such an individual in an action brought in the courts
of general jurisdiction of the State where service is made.
``(9) Service of a claim and waiver of personal service may
only be effected within the United States.
``(h) <<NOTE: Regulations.>> Notification by Copyright Claims
Board.--The Register of Copyrights shall establish regulations providing
for a written notification to be sent by, or on behalf of, the Copyright
Claims Board to notify the respondent of a pending proceeding against
the respondent, as set forth in those regulations, which shall--
``(1) <<NOTE: Deadline.>> include information concerning
the respondent's right to opt out of the proceeding, the
consequences of opting out and not opting out, and a prominent
statement that, by not opting out within 60 days after the date
of service under subsection (g), the respondent loses the
opportunity to have the dispute decided by a court created under
article III of the Constitution of the United States and waives
the right to a jury trial regarding the dispute; and
``(2) be in addition to, and separate and apart from, the
notice requirements under subsection (g).
``(i) <<NOTE: Time period. Regulations.>> Opt-Out Procedure.--Upon
being properly served with a notice and claim, a respondent who chooses
to opt out of the proceeding shall have a period of 60 days, beginning
on the date of service, in which to provide written notice of such
choice to the Copyright Claims Board, in accordance with regulations
established by the Register of Copyrights. If proof of service has been
filed by the claimant and the respondent does not submit an opt-out
notice to the Copyright Claims Board within that 60-day period, the
proceeding shall be deemed an active proceeding and the
[[Page 134 STAT. 2190]]
respondent shall be bound by the determination in the proceeding to the
extent provided under section 1507(a). If the respondent opts out of the
proceeding during that 60-day period, the proceeding shall be dismissed
without prejudice, except that, in exceptional circumstances and upon
written notice to the claimant, the Copyright Claims Board may extend
that 60-day period in the interests of justice.
``(j) <<NOTE: Regulations.>> Service of Other Documents.--Documents
submitted or relied upon in a proceeding, other than the notice and
claim, shall be served in accordance with regulations established by the
Register of Copyrights.
``(k) Scheduling.--Upon confirmation that a proceeding has become an
active proceeding, the Copyright Claims Board shall issue a schedule for
the future conduct of the proceeding. The schedule shall not specify a
time that a claimant or counterclaimant is required make an election of
damages that is inconsistent with section 1504(e). A schedule issued by
the Copyright Claims Board may be amended by the Copyright Claims Board
in the interests of justice.
``(l) <<NOTE: Records.>> Conferences.--One or more Copyright Claims
Officers may hold a conference to address case management or discovery
issues in a proceeding, which shall be noted upon the record of the
proceeding and may be recorded or transcribed.
``(m) Party Submissions.--A proceeding of the Copyright Claims Board
may not include any formal motion practice, except that, subject to
applicable regulations and procedures of the Copyright Claims Board--
``(1) the parties to the proceeding may make requests to the
Copyright Claims Board to address case management and discovery
matters, and submit responses thereto; and
``(2) the Copyright Claims Board may request or permit
parties to make submissions addressing relevant questions of
fact or law, or other matters, including matters raised sua
sponte by the Copyright Claims Officers, and offer responses
thereto.
``(n) <<NOTE: Regulations.>> Discovery.--Discovery in a proceeding
shall be limited to the production of relevant information and
documents, written interrogatories, and written requests for admission,
as provided in regulations established by the Register of Copyrights,
except that--
``(1) upon the request of a party, and for good cause shown,
the Copyright Claims Board may approve additional relevant
discovery, on a limited basis, in particular matters, and may
request specific information and documents from participants in
the proceeding and voluntary submissions from nonparticipants,
consistent with the interests of justice;
``(2) upon the request of a party, and for good cause shown,
the Copyright Claims Board may issue a protective order to limit
the disclosure of documents or testimony that contain
confidential information; and
``(3) after providing notice and an opportunity to respond,
and upon good cause shown, the Copyright Claims Board may apply
an adverse inference with respect to disputed facts against a
party who has failed to timely provide discovery materials in
response to a proper request for materials that could be
relevant to such facts.
[[Page 134 STAT. 2191]]
``(o) Evidence.--The Copyright Claims Board may consider the
following types of evidence in a proceeding, and such evidence may be
admitted without application of formal rules of evidence:
``(1) Documentary and other nontestimonial evidence that is
relevant to the claims, counterclaims, or defenses in the
proceeding.
``(2) Testimonial evidence, submitted under penalty of
perjury in written form or in accordance with subsection (p),
limited to statements of the parties and nonexpert witnesses,
that is relevant to the claims, counterclaims, and defenses in a
proceeding, except that, in exceptional cases, expert witness
testimony or other types of testimony may be permitted by the
Copyright Claims Board for good cause shown.
``(p) <<NOTE: Records.>> Hearings.--The Copyright Claims Board may
conduct a hearing to receive oral presentations on issues of fact or law
from parties and witnesses to a proceeding, including oral testimony,
subject to the following:
``(1) Any such hearing shall be attended by not fewer than 2
of the Copyright Claims Officers.
``(2) The hearing shall be noted upon the record of the
proceeding and, subject to paragraph (3), may be recorded or
transcribed as deemed necessary by the Copyright Claims Board.
``(3) A recording or transcript of the hearing shall be made
available to any Copyright Claims Officer who is not in
attendance.
``(q) Voluntary Dismissal.--
``(1) By claimant.--Upon the written request of a claimant
that is received before a respondent files a response to the
claim in a proceeding, the Copyright Claims Board shall dismiss
the proceeding, or a claim or respondent, as requested, without
prejudice.
``(2) By counterclaimant.--Upon written request of a
counterclaimant that is received before a claimant files a
response to the counterclaim, the Copyright Claims Board shall
dismiss the counterclaim, such dismissal to be without
prejudice.
``(3) Class actions.--Any party in an active proceeding
before the Copyright Claims Board who receives notice of a
pending or putative class action, arising out of the same
transaction or occurrence, in which that party is a class member
may request in writing dismissal of the proceeding before the
Board. Upon notice to all claimants and counterclaimants, the
Copyright Claims Board shall dismiss the proceeding without
prejudice.
``(r) Settlement.--
``(1) In general.--At any time in an active proceeding, some
or all of the parties may--
``(A) jointly request a conference with a Copyright
Claims Officer for the purpose of facilitating
settlement discussions; or
``(B) submit to the Copyright Claims Board an
agreement providing for settlement and dismissal of some
or all of the claims and counterclaims in the
proceeding.
``(2) Additional request.--A submission under paragraph
(1)(B) may include a request that the Copyright Claims Board
[[Page 134 STAT. 2192]]
adopt some or all of the terms of the parties' settlement in a
final determination in the proceeding.
``(s) Factual Findings.--Subject to subsection (n)(3), the Copyright
Claims Board shall make factual findings based upon a preponderance of
the evidence.
``(t) Determinations.--
``(1) Nature and contents.--A determination rendered by the
Copyright Claims Board in a proceeding shall--
``(A) be reached by a majority of the Copyright
Claims Board;
``(B) be in writing, and include an explanation of
the factual and legal basis of the determination;
``(C) set forth any terms by which a respondent or
counterclaim respondent has agreed to cease infringing
activity under section 1504(e)(2);
``(D) to the extent requested under subsection
(r)(2), set forth the terms of any settlement agreed to
under subsection (r)(1); and
``(E) include a clear statement of all damages and
other relief awarded, including under subparagraphs (C)
and (D).
``(2) Dissent.--A Copyright Claims Officer who dissents from
a decision contained in a determination under paragraph (1) may
append a statement setting forth the grounds for that dissent.
``(3) <<NOTE: Public information. Web posting.>>
Publication.--Each final determination of the Copyright Claims
Board shall be made available on a publicly accessible
website. <<NOTE: Regulations.>> The Register shall establish
regulations with respect to the publication of other records and
information relating to such determinations, including the
redaction of records to protect confidential information that is
the subject of a protective order under subsection (n)(2).
``(4) Freedom of information act.--All information relating
to proceedings of the Copyright Claims Board under this chapter
is exempt from disclosure to the public under section 552(b)(3)
of title 5, except for determinations, records, and information
published under paragraph (3).
``(u) <<NOTE: Requirements. Regulations. Determination.>>
Respondent's Default.--If a proceeding has been deemed an active
proceeding but the respondent has failed to appear or has ceased
participating in the proceeding, as demonstrated by the respondent's
failure, without justifiable cause, to meet 1 or more deadlines or
requirements set forth in the schedule adopted by the Copyright Claims
Board under subsection (k), the Copyright Claims Board may enter a
default determination, including the dismissal of any counterclaim
asserted by the respondent, as follows and in accordance with such other
requirements as the Register of Copyrights may establish by regulation:
``(1) <<NOTE: Review.>> The Copyright Claims Board shall
require the claimant to submit relevant evidence and other
information in support of the claimant's claim and any asserted
damages and, upon review of such evidence and any other
requested submissions from the claimant, shall determine whether
the materials so submitted are sufficient to support a finding
in favor of the claimant under applicable law and, if so, the
appropriate relief and damages, if any, to be awarded.
``(2) <<NOTE: Notification.>> If the Copyright Claims Board
makes an affirmative determination under paragraph (1), the
Copyright Claims Board
[[Page 134 STAT. 2193]]
shall prepare a proposed default determination, and shall
provide written notice to the respondent at all addresses,
including email addresses, reflected in the records of the
proceeding before the Copyright Claims Board, of the pendency of
a default determination by the Copyright Claims Board and of the
legal significance of such determination. <<NOTE: Time
period.>> Such notice shall be accompanied by the proposed
default determination and shall provide that the respondent has
a period of 30 days, beginning on the date of the notice, to
submit any evidence or other information in opposition to the
proposed default determination.
``(3) If the respondent responds to the notice provided
under paragraph (2) within the 30-day period provided in such
paragraph, the Copyright Claims Board shall consider the
respondent's submissions and, after allowing the other parties
to address such submissions, maintain, or amend its proposed
determination as appropriate, and the resulting determination
shall not be a default determination.
``(4) If the respondent fails to respond to the notice
provided under paragraph (2), the Copyright Claims Board shall
proceed to issue the default determination as a final
determination. Thereafter, the respondent may only challenge
such determination to the extent permitted under section
1508(c), except that, before any additional proceedings are
initiated under section 1508, the Copyright Claims Board may, in
the interests of justice, vacate the default determination.
``(v) <<NOTE: Time periods.>> Claimant's Failure To Proceed.--
``(1) Failure to complete service.--If a claimant fails to
complete service on a respondent within the 90-day period
required under subsection (g), the Copyright Claims Board shall
dismiss that respondent from the proceeding without prejudice.
If a claimant fails to complete service on all respondents
within that 90-day period, the Copyright Claims Board shall
dismiss the proceeding without prejudice.
``(2) Failure to prosecute.--If a claimant fails to proceed
in an active proceeding, as demonstrated by the claimant's
failure, without justifiable cause, to meet 1 or more deadlines
or requirements set forth in the schedule adopted by the
Copyright Claims Board under subsection (k), the Copyright
Claims Board may, upon providing written notice to the claimant
and a period of 30 days, beginning on the date of the notice, to
respond to the notice, and after considering any such response,
issue a determination dismissing the claimant's claims, which
shall include an award of attorneys' fees and costs, if
appropriate, under subsection (y)(2). Thereafter, the claimant
may only challenge such determination to the extent permitted
under section 1508(c), except that, before any additional
proceedings are initiated under section 1508, the Copyright
Claims Board may, in the interests of justice, vacate the
determination of dismissal.
``(w) <<NOTE: Deadline.>> Request for Reconsideration.--A party
may, not later than 30 days after the date on which the Copyright Claims
Board issues a final determination in a proceeding under this chapter,
submit a written request for reconsideration of, or an amendment to,
such determination if the party identifies a clear error of law or fact
material to the outcome, or a technical mistake. After providing the
other parties an opportunity to address such request,
[[Page 134 STAT. 2194]]
the Copyright Claims Board shall either deny the request or issue an
amended final determination.
``(x) <<NOTE: Deadline. Regulations.>> Review by Register.--If the
Copyright Claims Board denies a party a request for reconsideration of a
final determination under subsection (w), that party may, not later than
30 days after the date of such denial, request review of the final
determination by the Register of Copyrights in accordance with
regulations established by the Register. <<NOTE: Fees.>> Such request
shall be accompanied by a reasonable filing fee, as provided in such
regulations. The review by the Register shall be limited to
consideration of whether the Copyright Claims Board abused its
discretion in denying reconsideration of the determination. After
providing the other parties an opportunity to address the request, the
Register shall either deny the request for review, or remand the
proceeding to the Copyright Claims Board for reconsideration of issues
specified in the remand and for issuance of an amended final
determination. Such amended final determination shall not be subject to
further consideration or review, other than under section 1508(c).
``(y) Conduct of Parties and Attorneys.--
``(1) <<NOTE: Regulations. Requirements.>> Certification.--
The Register of Copyrights shall establish regulations requiring
certification of the accuracy and truthfulness of statements
made by participants in proceedings before the Copyright Claims
Board.
``(2) Bad faith conduct.--Notwithstanding any other
provision of law, in any proceeding in which a determination is
rendered and it is established that a party pursued a claim,
counterclaim, or defense for a harassing or other improper
purpose, or without a reasonable basis in law or fact, then,
unless inconsistent with the interests of justice, the Copyright
Claims Board shall in such determination award reasonable costs
and attorneys' fees to any adversely affected party of in an
amount of not more than $5,000, except that--
``(A) if an adversely affected party appeared pro se
in the proceeding, the award to that party shall be for
costs only, in an amount of not more than $2,500; and
``(B) in extraordinary circumstances, such as where
a party has demonstrated a pattern or practice of bad
faith conduct as described in this paragraph, the
Copyright Claims Board may, in the interests of justice,
award costs and attorneys' fees in excess of the
limitations under this paragraph.
``(3) <<NOTE: Time period.>> Additional penalty.--If the
Board finds that on more than 1 occasion within a 12-month
period a party pursued a claim, counterclaim, or defense before
the Copyright Claims Board for a harassing or other improper
purpose, or without a reasonable basis in law or fact, that
party shall be barred from initiating a claim before the
Copyright Claims Board under this chapter for a period of 12
months beginning on the date on which the Board makes such a
finding. Any proceeding commenced by that party that is still
pending before the Board when such a finding is made shall be
dismissed without prejudice, except that if a proceeding has
been deemed active under subsection (i), the proceeding shall be
dismissed under this paragraph only if the respondent provides
written consent thereto.
``(z) <<NOTE: Determination.>> Regulations for Smaller Claims.--The
Register of Copyrights shall establish regulations to provide for the
consideration
[[Page 134 STAT. 2195]]
and determination, by not fewer than 1 Copyright Claims Officer, of any
claim under this chapter in which total damages sought do not exceed
$5,000 (exclusive of attorneys' fees and costs). A determination issued
under this subsection shall have the same effect as a determination
issued by the entire Copyright Claims Board.
``(aa) Opt-out for Libraries and Archives.--
``(1) <<NOTE: Regulations.>> In general.--The Register of
Copyrights shall establish regulations allowing for a library or
archives that does not wish to participate in proceedings before
the Copyright Claims Board to preemptively opt out of such
proceedings.
``(2) Procedures.--The regulations established under
paragraph (1) shall--
``(A) <<NOTE: Procedures.>> set forth procedures
for preemptively opting out of proceedings before the
Copyright Claims Board; and
``(B) <<NOTE: Requirement. Public
information. List.>> require that the Copyright Office
compile and maintain a publicly available list of the
libraries and archives that have successfully opted out
of proceedings in accordance with the procedures
described in subparagraph (A).
``(3) No fee or renewal required.--The Register of
Copyrights may not--
``(A) charge a library or archives a fee to
preemptively opt out of proceedings under this
subsection; or
``(B) require a library or archives to renew a
decision to preemptively opt out of proceedings under
this subsection.
``(4) Definitions.--For purposes of this subsection, the
terms `library' and `archives' mean any library or archives,
respectively, that qualifies for the limitations on exclusive
rights under section 108.
``Sec. 1507. <<NOTE: 17 USC 1507.>> Effect of proceeding
``(a) Determination.--Subject to the reconsideration and review
processes provided under subsections (w) and (x) of section 1506 and
section 1508(c), the issuance of a final determination by the Copyright
Claims Board in a proceeding, including a default determination or
determination based on a failure to prosecute, shall, solely with
respect to the parties to such determination, preclude relitigation
before any court or tribunal, or before the Copyright Claims Board, of
the claims and counterclaims asserted and finally determined by the
Board, and may be relied upon for such purpose in a future action or
proceeding arising from the same specific activity or activities,
subject to the following:
``(1) A determination of the Copyright Claims Board shall
not preclude litigation or relitigation as between the same or
different parties before any court or tribunal, or the Copyright
Claims Board, of the same or similar issues of fact or law in
connection with claims or counterclaims not asserted or not
finally determined by the Copyright Claims Board.
``(2) A determination of ownership of a copyrighted work for
purposes of resolving a matter before the Copyright Claims Board
may not be relied upon, and shall not have any preclusive
effect, in any other action or proceeding before any court or
tribunal, including the Copyright Claims Board.
``(3) Except to the extent permitted under this subsection
and section 1508, any determination of the Copyright Claims
[[Page 134 STAT. 2196]]
Board may not be cited or relied upon as legal precedent in any
other action or proceeding before any court or tribunal,
including the Copyright Claims Board.
``(b) Class Actions Not Affected.--
``(1) In general.--A proceeding before the Copyright Claims
Board shall not have any effect on a class action proceeding in
a district court of the United States, and section 1509(a) shall
not apply to a class action proceeding in a district court of
the United States.
``(2) Notice of class action.--Any party to an active
proceeding before the Copyright Claims Board who receives notice
of a pending class action, arising out of the same transaction
or occurrence as the proceeding before the Copyright Claims
Board, in which the party is a class member shall either--
``(A) opt out of the class action, in accordance
with regulations established by the Register of
Copyrights; or
``(B) seek dismissal under section 1506(q)(3) of the
proceeding before the Copyright Claims Board.
``(c) Other Materials in Proceeding.--Except as permitted under this
section and section 1508, a submission or statement of a party or
witness made in connection with a proceeding before the Copyright Claims
Board, including a proceeding that is dismissed, may not be cited or
relied upon in, or serve as the basis of, any action or proceeding
concerning rights or limitations on rights under this title before any
court or tribunal, including the Copyright Claims Board.
``(d) Applicability of Section 512(g).--A claim or counterclaim
before the Copyright Claims Board that is brought under subsection
(c)(1) or (c)(4) of section 1504, or brought under subsection (c)(6) of
section 1504 and that relates to a claim under subsection (c)(1) or
(c)(4) of such section, qualifies as an action seeking an order to
restrain a subscriber from engaging in infringing activity under section
512(g)(2)(C) if--
``(1) <<NOTE: Notice.>> notice of the commencement of the
Copyright Claims Board proceeding is provided by the claimant to
the service provider's designated agent before the service
provider replaces the material following receipt of a counter
notification under section 512(g); and
``(2) the claim brought alleges infringement of the material
identified in the notification of claimed infringement under
section 512(c)(1)(C).
``(e) Failure To Assert Counterclaim.--The failure or inability to
assert a counterclaim in a proceeding before the Copyright Claims Board
shall not preclude the assertion of that counterclaim in a subsequent
court action or proceeding before the Copyright Claims Board.
``(f) Opt-Out or Dismissal of Party.--If a party has timely opted
out of a proceeding under section 1506(i) or is dismissed from a
proceeding before the Copyright Claims Board issues a final
determination in the proceeding, the determination shall not be binding
upon and shall have no preclusive effect with respect to that party.
``Sec. 1508. <<NOTE: 17 USC 1508.>> Review and confirmation by
district court
``(a) <<NOTE: Deadline.>> In General.--In any proceeding in which a
party has failed to pay damages, or has failed otherwise to comply with
[[Page 134 STAT. 2197]]
the relief, awarded in a final determination of the Copyright Claims
Board, including a default determination or a determination based on a
failure to prosecute, the aggrieved party may, not later than 1 year
after the date on which the final determination is issued, any
reconsideration by the Copyright Claims Board or review by the Register
of Copyrights is resolved, or an amended final determination is issued,
whichever occurs last, apply to the United States District Court for the
District of Columbia or any other appropriate district court of the
United States for an order confirming the relief awarded in the final
determination and reducing such award to judgment. The court shall grant
such order and direct entry of judgment unless the determination is or
has been vacated, modified, or corrected under subsection (c). If the
United States District Court for the District of Columbia or other
district court of the United States, as the case may be, issues an order
confirming the relief awarded by the Copyright Claims Board, the court
shall impose on the party who failed to pay damages or otherwise comply
with the relief, the reasonable expenses required to secure such order,
including attorneys' fees, that were incurred by the aggrieved party.
``(b) Filing Procedures.--
``(1) Application to confirm determination.--Notice of the
application under subsection (a) for confirmation of a
determination of the Copyright Claims Board and entry of
judgment shall be provided to all parties to the proceeding
before the Copyright Claims Board that resulted in the
determination, in accordance with the procedures applicable to
service of a motion in the district court of the United States
where the application is made.
``(2) Contents of application.--The application under
subsection (a) shall include the following:
``(A) <<NOTE: Certification. Records.>> A certified
copy of the final or amended final determination of the
Copyright Claims Board, as reflected in the records of
the Copyright Claims Board, following any process of
reconsideration or review by the Register of Copyrights,
to be confirmed and rendered to judgment.
``(B) A declaration by the applicant, under penalty
of perjury--
``(i) that the copy is a true and correct copy
of such determination;
``(ii) stating the date the determination was
issued;
``(iii) stating the basis for the challenge
under subsection (c)(1); and
``(iv) stating whether the applicant is aware
of any other proceedings before the court
concerning the same determination of the Copyright
Claims Board.
``(c) Challenges to the Determination.--
``(1) <<NOTE: Deadlines.>> Bases for challenge.--Not later
than 90 days after the date on which the Copyright Claims Board
issues a final or amended final determination in a proceeding,
or not later than 90 days after the date on which the Register
of Copyrights completes any process of reconsideration or review
of the determination, whichever occurs later, a party may seek
an order from a district court of the United States vacating,
modifying, or correcting the determination of the Copyright
Claims Board in the following cases:
[[Page 134 STAT. 2198]]
``(A) If the determination was issued as a result of
fraud, corruption, misrepresentation, or other
misconduct.
``(B) If the Copyright Claims Board exceeded its
authority or failed to render a final determination
concerning the subject matter at issue.
``(C) In the case of a default determination or
determination based on a failure to prosecute, if it is
established that the default or failure was due to
excusable neglect.
``(2) Procedure to challenge.--
``(A) Notice of application.--Notice of the
application to challenge a determination of the
Copyright Claims Board shall be provided to all parties
to the proceeding before the Copyright Claims Board, in
accordance with the procedures applicable to service of
a motion in the court where the application is made.
``(B) Staying of proceedings.--For purposes of an
application under this subsection, any judge who is
authorized to issue an order to stay the proceedings in
another action brought in the same court may issue an
order, to be served with the notice of application,
staying proceedings to enforce the award while the
challenge is pending.
``Sec. 1509. <<NOTE: 17 USC 1509.>> Relationship to other
district court actions
``(a) Stay of District Court Proceedings.--Subject to section
1507(b), a district court of the United States shall issue a stay of
proceedings or such other relief as the court determines appropriate
with respect to any claim brought before the court that is already the
subject of a pending or active proceeding before the Copyright Claims
Board.
``(b) Alternative Dispute Resolution Process.--A proceeding before
the Copyright Claims Board under this chapter shall qualify as an
alternative dispute resolution process under section 651 of title 28 for
purposes of referral of eligible cases by district courts of the United
States upon the consent of the parties.
``Sec. 1510. <<NOTE: 17 USC 1510.>> Implementation by Copyright
Office
``(a) Regulations.--
``(1) <<NOTE: Fees.>> Implementation generally.--The
Register of Copyrights shall establish regulations to carry out
this chapter. Such regulations shall include the fees prescribed
under subsections (e) and (x) of section 1506. The authority to
issue such fees shall not limit the authority of the Register of
Copyrights to establish fees for services under section 708. All
fees received by the Copyright Office in connection with the
activities under this chapter shall be deposited by the Register
of Copyrights and credited to the appropriations for necessary
expenses of the Office in accordance with section 708(d). In
establishing regulations under this subsection, the Register of
Copyrights shall provide for the efficient administration of the
Copyright Claims Board, and for the ability of the Copyright
Claims Board to timely complete proceedings instituted under
this chapter, including by implementing mechanisms to prevent
harassing or improper use of the Copyright Claims Board by any
party.
``(2) <<NOTE: Time periods.>> Limits on monetary relief.--
[[Page 134 STAT. 2199]]
``(A) <<NOTE: Regulations.>> In general.--Subject
to subparagraph (B), not earlier than 3 years after the
date on which Copyright Claims Board issues the first
determination of the Copyright Claims Board, the
Register of Copyrights may, in order to further the
goals of the Copyright Claims Board, conduct a
rulemaking to adjust the limits on monetary recovery or
attorneys' fees and costs that may be awarded under this
chapter.
``(B) Effective date of adjustment.--Any rule under
subparagraph (A) that makes an adjustment shall take
effect at the end of the 120-day period beginning on the
date on which the Register of Copyrights submits the
rule to Congress and only if Congress does not, during
that 120-day period, enact a law that provides in
substance that Congress does not approve the rule.
``(b) Necessary Facilities.--Subject to applicable law, the Register
of Copyrights may retain outside vendors to establish internet-based,
teleconferencing, and other facilities required to operate the Copyright
Claims Board.
``(c) <<NOTE: Regulations.>> Fees.--Any filing fees, including the
fee to commence a proceeding under section 1506(e), shall be prescribed
in regulations established by the Register of Copyrights. The sum total
of such filing fees shall be in an amount of not less than $100, may not
exceed the cost of filing an action in a district court of the United
States, and shall be fixed in amounts that further the goals of the
Copyright Claims Board.
``Sec. 1511. <<NOTE: 17 USC 1511.>> Funding
``There are authorized to be appropriated such sums as may be
necessary to pay the costs incurred by the Copyright Office under this
chapter that are not covered by fees collected for services rendered
under this chapter, including the costs of establishing and maintaining
the Copyright Claims Board and its facilities.''.
(c) Clerical Amendment.--The table of chapters for title 17, United
States Code, <<NOTE: 17 USC 101 prec.>> is amended by adding at the end
the following:
``15. Copyright Small Claims.....................................1501''.
(d) <<NOTE: 17 USC 1502 note.>> Implementation.--
(1) <<NOTE: Deadline.>> In general.--Except as provided in
paragraph (2), not later than 1 year after the date of enactment
of this Act, the Copyright Claims Board established under
section 1502 of title 17, United States Code, as added by
subsection (b) of this section, shall begin operations.
(2) Extension.--The Register of Copyrights may, for good
cause, extend the deadline under paragraph (1) by not more than
180 days if the Register of Copyrights provides notice of the
extension to the public and to Congress.
(e) <<NOTE: Deadline.>> Study.--Not later than 3 years after the
date on which the Copyright Claims Board issues the first determination
of the Copyright Claims Board under chapter 15 of title 17, United
States Code, as added by subsection (b) of this section, the Register of
Copyrights shall conduct, and report to Congress on, a study that
addresses the following:
(1) The use and efficacy of the Copyright Claims Board in
resolving copyright claims, including the number of proceedings
the Copyright Claims Board could reasonably administer.
[[Page 134 STAT. 2200]]
(2) Whether adjustments to the authority of the Copyright
Claims Board are necessary or advisable, including with respect
to--
(A) eligible claims, such as claims under section
1202 of title 17, United States Code; and
(B) works and applicable damages limitations.
(3) Whether greater allowance should be made to permit
awards of attorneys' fees and costs to prevailing parties,
including potential limitations on such awards.
(4) Potential mechanisms to assist copyright owners with
small claims in ascertaining the identity and location of
unknown online infringers.
(5) Whether the Copyright Claims Board should be expanded to
offer mediation or other nonbinding alternative dispute
resolution services to interested parties.
(6) Such other matters as the Register of Copyrights
believes may be pertinent concerning the Copyright Claims Board.
(f) <<NOTE: 17 USC 1501 note.>> Severability.--If any provision of
this section, an amendment made by this section, or the application of
such provision or amendment to any person or circumstance is held to be
unconstitutional, the remainder of this section and the amendments made
by this section, and the application of the provision or the amendment
to any other person or circumstance, shall not be affected.
Subtitle B <<NOTE: Trademark Modernization Act of 2020.>> --Trademarks
SEC. 221. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 15 USC 1051 note.>> Short Title.--This subtitle may be
cited as the ``Trademark Modernization Act of 2020'' or the ``TM Act of
2020''.
(b) Table of Contents.--The table of contents for this subtitle is
as follows:
Subtitle B--Trademarks
Sec. 221. Short title; table of contents.
Sec. 222. Definitions.
Sec. 223. Providing for third-party submission of evidence during
examination.
Sec. 224. Providing for flexible response periods.
Sec. 225. Ex parte expungement; ex parte reexamination; new grounds for
cancellation.
Sec. 226. Rebuttable presumption of irreparable harm.
Sec. 227. Report on decluttering initiatives.
Sec. 228. Amendments to confirm authority of the Director.
SEC. 222. <<NOTE: 15 USC 1051 note.>> DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(2) Trademark act of 1946.--The term ``Trademark Act of
1946'' means the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions,
and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051
et. seq) (commonly referred to as the ``Trademark Act of 1946''
or the ``Lanham Act'').
[[Page 134 STAT. 2201]]
SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE DURING
EXAMINATION.
(a) Amendment.--Section 1 of the Trademark Act of 1946 (15 U.S.C.
1051) is amended by adding at the end the following:
``(f) <<NOTE: Records. Determination.>> A third party may submit
for consideration for inclusion in the record of an application evidence
relevant to a ground for refusal of registration. The third-party
submission shall identify the ground for refusal and include a concise
description of each piece of evidence submitted in support of each
identified ground for refusal. <<NOTE: Deadline.>> Not later than 2
months after the date on which the submission is filed, the Director
shall determine whether the evidence should be included in the record of
the application. <<NOTE: Regulations. Procedures.>> The Director shall
establish by regulation appropriate procedures for the consideration of
evidence submitted by a third party under this subsection and may
prescribe a fee to accompany the submission. If the Director determines
that the third-party evidence should be included in the record of the
application, only the evidence and the ground for refusal to which the
evidence relates may be so included. Any determination by the Director
whether or not to include evidence in the record of an application shall
be final and non-reviewable, and a determination to include or to not
include evidence in the record shall not prejudice any party's right to
raise any issue and rely on any evidence in any other proceeding.''.
(b) <<NOTE: 15 USC 1051 note.>> Deadline for Procedures.--Not later
than 1 year after the date of enactment of this Act, the Director shall
establish the appropriate procedures described in section 1(f) of the
Trademark Act of 1946, as added by subsection (a).
(c) <<NOTE: 15 USC 1051 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect 1 year after the date of enactment
of this Act.
SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS.
Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is
amended to read as follows:
``(b)(1) <<NOTE: Notification. Regulations.>> If the applicant is
found not entitled to registration, the examiner shall notify the
applicant thereof and of the reasons therefor. The applicant may reply
or amend the application, which shall then be reexamined. This procedure
may be repeated until the examiner finally refuses registration of the
mark or the application is abandoned as described in paragraph (2).
``(2) After notification under paragraph (1), the applicant shall
have a period of 6 months in which to reply or amend the application, or
such shorter time that is not less than 60 days, as prescribed by the
Director by regulation. If the applicant fails to reply or amend or
appeal within the relevant time period, including any extension under
paragraph (3), the application shall be deemed to have been abandoned,
unless it can be shown to the satisfaction of the Director that the
delay in responding was unintentional, in which case the application may
be revived and such time may be extended. <<NOTE: Fees.>> The Director
may prescribe a fee to accompany any request to revive.
``(3) The Director shall provide, by regulation, for extensions of
time to respond to the examiner for any time period under paragraph (2)
that is less than 6 months. The Director shall allow the applicant to
obtain extensions of time to reply or amend aggregating 6 months from
the date of notification under paragraph (1) when the applicant so
requests. However, the Director may
[[Page 134 STAT. 2202]]
set by regulation the time for individual periods of extension, and
prescribe a fee, by regulation, for any extension request. Any request
for extension shall be filed on or before the date on which a reply or
amendment is due under paragraph (1).''.
SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINATION; NEW
GROUNDS FOR CANCELLATION.
(a) Ex Parte Expungement.--The Trademark Act of 1946 is amended by
inserting after section 16 (15 U.S.C. 1066) the following:
``SEC. 16A. <<NOTE: 15 USC 1066a.>> EX PARTE EXPUNGEMENT.
``(a) Petition.--Notwithstanding sections 7(b) and 22, and
subsections (a) and (b) of section 33, any person may file a petition to
expunge a registration of a mark on the basis that the mark has never
been used in commerce on or in connection with some or all of the goods
or services recited in the registration.
``(b) Contents of Petition.--A petition filed under subsection (a),
together with any supporting documents, shall--
``(1) identify the registration that is the subject of the
petition;
``(2) identify each good or service recited in the
registration for which it is alleged that the mark has never
been used in commerce;
``(3) <<NOTE: Statement.>> include a verified statement
that sets forth--
``(A) the elements of the reasonable investigation
the petitioner conducted to determine that the mark has
never been used in commerce on or in connection with the
goods and services identified in the petition; and
``(B) any additional facts that support the
allegation that the mark has never been used in commerce
on or in connection with the identified goods and
services;
``(4) include any supporting evidence on which the
petitioner relies; and
``(5) <<NOTE: Fees.>> be accompanied by the fee prescribed
by the Director.
``(c) Initial Determination; Institution.--
``(1) Prima facie case determination, institution, and
notification.-- <<NOTE: Notice.>> The Director shall, for each
good or service identified under subsection (b)(2), determine
whether the petition sets forth a prima facie case of the mark
having never been used in commerce on or in connection with each
such good or service, institute an ex parte expungement
proceeding for each good or service for which the Director
determines that a prima facie case has been set forth, and
provide a notice to the registrant and petitioner of the
determination of whether or not the proceeding was
instituted. <<NOTE: Records.>> Such notice shall include a copy
of the petition and any supporting documents and evidence that
were included with the petition.
``(2) <<NOTE: Regulations.>> Reasonable investigation
guidance.--The Director shall promulgate regulations regarding
what constitutes a reasonable investigation under subsection
(b)(3) and the general types of evidence that could support a
prima facie case that a mark has never been used in commerce,
but the Director shall retain the discretion to determine
whether a prima facie case is set out in a particular
proceeding.
``(3) Determination by director.--Any determination by the
Director whether or not to institute a proceeding under this
section shall be final and non-reviewable, and shall not
prejudice any party's right to raise any issue and rely on
[[Page 134 STAT. 2203]]
any evidence in any other proceeding, except as provided in
subsection (j).
``(d) <<NOTE: Regulations.>> Ex Parte Expungement Procedures.--The
procedures for ex parte expungement shall be the same as the procedures
for examination under section 12(b), except that the Director shall
promulgate regulations establishing and governing a proceeding under
this section, which may include regulations that--
``(1 <<NOTE: Time period.>> ) set response and extension
times particular to this type of proceeding, which,
notwithstanding section 12(b)(3), need not be extendable to 6
months;
``(2) set limits governing the timing and number of
petitions filed for a particular registration or by a particular
petitioner or real parties in interest; and
``(3) define the relation of a proceeding under this section
to other proceedings concerning the mark.
``(e) Registrant's Evidence of Use.--A registrant's documentary
evidence of use shall be consistent with when a mark shall be deemed to
be in use in commerce under the definition of `use in commerce' in
section 45, but shall not be limited in form to that of specimens as
provided in section 1(a).
``(f) Excusable Nonuse.--During an ex parte expungement proceeding,
for a mark registered under section 44(e) or an extension of protection
under section 66, the registrant may offer evidence showing that any
nonuse is due to special circumstances that excuse such
nonuse. <<NOTE: Determination.>> In such a case, the examiner shall
determine whether the facts and evidence demonstrate excusable nonuse
and shall not find that the registration should be cancelled under
subsection (g) for any good or service for which excusable nonuse is
demonstrated.
``(g) Examiner's Decision; Order to Cancel.--For each good or
service for which it is determined that a mark has never been used in
commerce, and for which the provisions of subsection (f) do not apply,
the examiner shall find that the registration should be cancelled for
each such good or service. A mark shall not be found to have never been
used in commerce if there is evidence of use in commerce by the
registrant that temporally would have supported registration at the time
the application was filed or the relevant allegation of use was made, or
after registration, but before the petition to expunge was filed under
subsection (a), or an ex parte expungement proceeding was instituted by
the Director under subsection (h). Unless overturned on review of the
examiner's decision, the Director shall issue an order cancelling the
registration, in whole or in part, after the time for appeal has expired
or any appeal proceeding has terminated.
``(h) Ex Parte Expungement by the Director.--
``(1) <<NOTE: Determination.>> In general.--The Director
may, on the Director's own initiative, institute an ex parte
expungement proceeding if the Director discovers information
that supports a prima facie case of a mark having never been
used in commerce on or in connection with any good or service
covered by a registration. <<NOTE: Notification.>> The Director
shall promptly notify the registrant of such determination, at
which time the ex parte expungement proceeding shall proceed
according to the same procedures for ex parte expungement
established pursuant to subsection (d). If the Director
determines, based on the Director's own initiative, to institute
an expungement proceeding, the Director shall transmit or make
available the information that formed the
[[Page 134 STAT. 2204]]
basis for that determination as part of the institution notice
sent to the registrant.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit any other authority of the Director.
``(i) Time for Institution.--
``(1) When petition may be filed, ex parte expungement
proceeding instituted.--A petition for ex parte expungement of a
registration under subsection (a) may be filed, or the Director
may institute on the Director's own initiative an ex parte
expungement proceeding of a registration under subsection (h),
at any time following the expiration of 3 years after the date
of registration and before the expiration of 10 years following
the date of registration.
``(2) Exception.--Notwithstanding paragraph (1), for a
period of 3 years after the date of enactment of this section, a
petition for expungement of a registration under subsection (a)
may be filed, or the Director may institute on the Director's
own initiative an ex parte expungement proceeding of a
registration under subsection (h), at any time following the
expiration of 3 years after the date of registration.
``(j) Limitation on Later Ex Parte Expungement Proceedings.--
``(1) No co-pending proceedings.--With respect to a
particular registration, while an ex parte expungement
proceeding is pending, no later ex parte expungement proceeding
may be instituted with respect to the same goods or services
that are the subject of a pending ex parte expungement
proceeding.
``(2) Estoppel.--With respect to a particular registration,
for goods or services previously subject to an instituted
expungement proceeding for which, in that proceeding, it was
determined that the registrant had used the mark for particular
goods or services, as relevant, and the registration was not
cancelled as to those goods or services, no further ex parte
expungement proceedings may be initiated as to those goods or
services, regardless of the identity of the petitioner.
``(k) Use in Commerce Requirement Not Altered.--Nothing in this
section shall affect the requirement for use in commerce of a mark
registered under section 1(a) or 23.''.
(b) New Grounds for Cancellation.--Section 14 of the Trademark Act
of 1946 (15 U.S.C. 1064) is amended--
(1) by striking the colon at the end of paragraph (5) and
inserting a period;
(2) by inserting after paragraph (5) the following:
``(6) <<NOTE: Time period.>> At any time after the 3-year
period following the date of registration, if the registered
mark has never been used in commerce on or in connection with
some or all of the goods or services recited in the
registration:''; and
(3) in the flush text following paragraph (6), as added by
paragraph (2) of this subsection, by inserting ``Nothing in
paragraph (6) shall be construed to limit the timing applicable
to any other ground for cancellation. A registration under
section 44(e) or 66 shall not be cancelled pursuant to paragraph
(6) if the registrant demonstrates that any nonuse is due to
special circumstances that excuse such nonuse.'' after
``identical certification mark is applied.''.
[[Page 134 STAT. 2205]]
(c) Ex Parte Reexamination.--The Trademark Act of 1946 is amended by
inserting after section 16A, as added by subsection (a), the following:
``SEC. 16B. <<NOTE: 15 USC 1066b.>> EX PARTE REEXAMINATION.
``(a) Petition for Reexamination.--Any person may file a petition to
reexamine a registration of a mark on the basis that the mark was not in
use in commerce on or in connection with some or all of the goods or
services recited in the registration on or before the relevant date.
``(b) <<NOTE: Definition.>> Relevant Date.--In this section, the
term `relevant date' means, with respect to an application for the
registration of a mark with an initial filing basis of--
``(1) section 1(a) and not amended at any point to be filed
pursuant to section 1(b), the date on which the application was
initially filed; or
``(2) section 1(b) or amended at any point to be filed
pursuant to section 1(b), the date on which--
``(A) an amendment to allege use under section 1(c)
was filed; or
``(B) the period for filing a statement of use under
section 1(d) expired, including all approved extensions
thereof.
``(c) Requirements for the Petition.--A petition filed under
subsection (a), together with any supporting documents, shall--
``(1) identify the registration that is the subject of the
petition;
``(2) identify each good and service recited in the
registration for which it is alleged that the mark was not in
use in commerce on or in connection with on or before the
relevant date;
``(3) <<NOTE: Statement.>> include a verified statement
that sets forth--
``(A) the elements of the reasonable investigation
the petitioner conducted to determine that the mark was
not in use in commerce on or in connection with the
goods and services identified in the petition on or
before the relevant date; and
``(B) any additional facts that support the
allegation that the mark was not in use in commerce on
or before the relevant date on or in connection with the
identified goods and services;
``(4) include supporting evidence on which the petitioner
relies; and
``(5) <<NOTE: Fees.>> be accompanied by the fee prescribed
by the Director.
``(d) Initial Determination; Institution.--
``(1) Prima facie case determination, institution, and
notification.--The Director shall, for each good or service
identified under subsection (c)(2), determine whether the
petition sets forth a prima facie case of the mark having not
been in use in commerce on or in connection with each such good
or service, institute an ex parte reexamination proceeding for
each good or service for which the Director determines that the
prima facie case has been set forth, and provide a notice to the
registrant and petitioner of the determination of whether or not
the proceeding was instituted. <<NOTE: Records.>> Such notice
shall include a copy of the petition and any supporting
documents and evidence that were included with the petition.
[[Page 134 STAT. 2206]]
``(2) <<NOTE: Regulations.>> Reasonable investigation
guidance.--The Director shall promulgate regulations regarding
what constitutes a reasonable investigation under subsection
(c)(3) and the general types of evidence that could support a
prima facie case that the mark was not in use in commerce on or
in connection with a good or service on or before the relevant
date, but the Director shall retain discretion to determine
whether a prima facie case is set out in a particular
proceeding.
``(3) Determination by director.--Any determination by the
Director whether or not to institute a reexamination proceeding
under this section shall be final and non-reviewable, and shall
not prejudice any party's right to raise any issue and rely on
any evidence in any other proceeding, except as provided in
subsection (j).
``(e) <<NOTE: Regulations.>> Reexamination Procedures.--The
procedures for reexamination shall be the same as the procedures
established under section 12(b) except that the Director shall
promulgate regulations establishing and governing a proceeding under
this section, which may include regulations that--
``(1) <<NOTE: Time period.>> set response and extension
times particular to this type of proceeding, which,
notwithstanding section 12(b)(3), need not be extendable to 6
months;
``(2) set limits governing the timing and number of
petitions filed for a particular registration or by a particular
petitioner or real parties in interest; and
``(3) define the relation of a reexamination proceeding
under this section to other proceedings concerning the mark.
``(f) Registrant's Evidence of Use.--A registrant's documentary
evidence of use shall be consistent with when a mark shall be deemed to
be in use in commerce under the definition of `use in commerce' in
section 45, but shall not be limited in form to that of specimens as
provided in section 1(a).
``(g) Examiner's Decision; Order to Cancel.--For each good or
service for which it is determined that the registration should not have
issued because the mark was not in use in commerce on or before the
relevant date, the examiner shall find that the registration should be
cancelled for each such good or service. Unless overturned on review of
the examiner's decision, the Director shall issue an order cancelling
the registration, in whole or in part, after the time for appeal has
expired or any appeal proceeding has terminated.
``(h) Reexamination by Director.--
``(1) <<NOTE: Determination.>> In general.--The Director
may, on the Director's own initiative, institute an ex parte
reexamination proceeding if the Director discovers information
that supports a prima facie case of the mark having not been
used in commerce on or in connection with some or all of the
goods or services covered by the registration on or before the
relevant date. <<NOTE: Notification.>> The Director shall
promptly notify the registrant of such determination, at which
time reexamination shall proceed according to the same
procedures established pursuant to subsection (e). If the
Director determines, based on the Director's own initiative, to
institute an ex parte reexamination proceeding, the Director
shall transmit or make available the information that formed the
basis for that determination as part of the institution notice.
[[Page 134 STAT. 2207]]
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit any other authority of the Director.
``(i) Time for Institution.--A petition for ex parte reexamination
may be filed, or the Director may institute on the Director's own
initiative an ex parte reexamination proceeding, at any time not later
than 5 years after the date of registration of a mark registered based
on use in commerce.
``(j) Limitation on Later Ex Parte Reexamination Proceedings.--
``(1) No co-pending proceedings.--With respect to a
particular registration, while an ex parte reexamination
proceeding is pending, no later ex parte reexamination
proceeding may be instituted with respect to the same goods or
services that are the subject of a pending ex parte
reexamination proceeding.
``(2) Estoppel.--With respect to a particular registration,
for any goods or services previously subject to an instituted ex
parte reexamination proceeding for which, in that proceeding, it
was determined that the registrant had used the mark for
particular goods or services before the relevant date, and the
registration was not cancelled as to those goods or services, no
further ex parte reexamination proceedings may be initiated as
to those goods or services, regardless of the identity of the
petitioner.
``(k) <<NOTE: Applicability.>> Supplemental Register.--The
provisions of subsection (b) apply, as appropriate, to registrations
under section 23. Nothing in this section shall be construed to limit
the timing of a cancellation action under section 24.''.
(d) Appeal.--
(1) Appeal to trademark trial and appeal board.--Section 20
of the Trademark Act of 1946 (15 U.S.C. 1070) is amended by
inserting ``or a final decision by an examiner in an ex parte
expungement proceeding or ex parte reexamination proceeding''
after ``registration of marks''.
(2) Appeal to courts.--
(A) Expungement or ex parte reexamination.--Section
21(a)(1) of the Trademark Act of 1946 (15 U.S.C.
1071(a)(1)) is amended by striking ``or an applicant for
renewal'' and inserting the following: ``an applicant
for renewal, or a registrant subject to an ex parte
expungement proceeding or an ex parte reexamination
proceeding''.
(B) Exception.--Section 21(b)(1) of the Trademark
Act of 1946 (15 U.S.C. 1071(b)(1)) is amended by
inserting ``, except for a registrant subject to an ex
parte expungement proceeding or an ex parte
reexamination proceeding,'' before ``is dissatisfied''.
(e) Technical and Conforming Amendments.--The Trademark Act of 1946
is amended--
(1) in section 15 (15 U.S.C. 1065), by striking ``paragraphs
(3) and (5)'' and inserting ``paragraphs (3), (5), and (6)'';
and
(2) in section 26 (15 U.S.C. 1094), by adding at the end the
following: ``Registrations on the supplemental register shall be
subject to ex parte expungement and ex parte reexamination under
sections 16A and 16B, respectively.''.
(f) <<NOTE: Regulations. 15 USC 1066a note.>> Deadline for
Procedures.--Not later than 1 year after the date of enactment of this
Act, the Director shall issue regulations to carry out sections 16A and
16B of the Trademark Act of 1946, as added by subsections (a) and (c).
[[Page 134 STAT. 2208]]
(g) <<NOTE: Time period. 15 USC 1064 note.>> Effective Date.--The
amendments made by this section shall take effect upon the expiration of
the 1-year period beginning on the date of enactment of this Act, and
shall apply to any mark registered before, on, or after that effective
date.
SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.
(a) Amendment.--Section 34(a) of the Trademark Act of 1946 (15
U.S.C. 1116(a)) is amended by inserting after the first sentence the
following: ``A plaintiff seeking any such injunction shall be entitled
to a rebuttable presumption of irreparable harm upon a finding of a
violation identified in this subsection in the case of a motion for a
permanent injunction or upon a finding of likelihood of success on the
merits for a violation identified in this subsection in the case of a
motion for a preliminary injunction or temporary restraining order.''.
(b) <<NOTE: 15 USC 1116 note.>> Rule of Construction.--The
amendment made by subsection (a) shall not be construed to mean that a
plaintiff seeking an injunction was not entitled to a presumption of
irreparable harm before the date of enactment of this Act.
SEC. 227. REPORT ON DECLUTTERING INITIATIVES.
(a) <<NOTE: Consultation. Time period.>> Study.--The Comptroller
General of the United States shall consult with the Director to conduct
a study on the efforts of the Director during the period beginning 12
months after the date of enactment of this Act and ending 30 months
after the date of enactment of this Act to address inaccurate and false
claims of use in trademark applications and registrations. Inaccurate
and false claims of use include any declaration of use by a trademark
applicant or registrant that cannot be supported by use in commerce as
defined in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) or
the regulations relevant to the definition of specimens under section 1
of the Trademark Act of 1946 (15 U.S.C. 1051), as applicable.
(b) <<NOTE: Assessment.>> Contents of Study.--In conducting the
study under subsection (a), the Comptroller General shall assess the
following:
(1) With respect to sections 16A and 16B of the Trademark
Act of 1946, as added by section 225--
(A) the number of petitions filed under each such
section for which a decision not to institute was
issued;
(B) the number of petitions filed under each such
section for which a decision to institute was issued;
(C) the number of in-process and completed
proceedings instituted under each such section,
including any proceedings instituted by the Director's
own initiative;
(D) the average time taken to resolve proceedings
instituted under each such section, including the
average time between--
(i) the filing of a petition under each such
section and an examiner's final decision under
section 16A(g) and 16B(g), or the last decision
issued by the examiner if the registrant failed to
respond to the latest-in-time decision by the
examiner; and
(ii) the institution of a proceeding under
each such section, including any proceedings
instituted by the Director's own initiative, and
an examiner's final decision under section 16A(g)
and 16B(g), or the last decision issued by the
examiner if the registrant failed
[[Page 134 STAT. 2209]]
to respond to the latest-in-time decision by the
examiner;
(E) the number of appeals of decisions of examiners
to the Trademark Trial and Appeal Board and to the
courts for each such proceeding; and
(F) an accounting of the final outcome of each such
proceeding instituted by identifying the number of goods
or services for which such proceedings were instituted,
and the number of goods or services for each involved
registration that were cancelled pursuant to such
proceedings.
(2) With respect to section 1(f) of the Trademark Act of
1946, as added by section 223--
(A) the number of third-party submissions filed
under such section for which the third-party asserts in
the submission that the mark has not been used in
commerce; and
(B) of the applications identified in subparagraph
(A), the number of applications in which the third-party
submission evidence is included in the application; and
(C) of those applications identified in subparagraph
(B), the number of applications--
(i) refused registration based on an assertion
by the examiner that the mark has not been used in
commerce; and
(ii) for which the examiner requested
additional information from the applicant related
to claims of use.
(3) The effectiveness of--
(A) the proceedings under sections 16A and 16B of
the Trademark Act of 1946, as added by section 225, in
addressing inaccurate and false claims of use in
trademark registrations; and
(B) any additional programs conducted by the
Director designed to address inaccurate and false claims
of use in trademark applications and registrations,
including the post-registration use audit, as
implemented as of the date of enactment of this Act
under sections 2.161(h) and 7.37(h) of title 37, Code of
Federal Regulations.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report--
(1) on the results of the study conducted under this
section; and
(2) <<NOTE: Recommenda- tions.>> that includes any
recommendations, based on the results of the study, for any
changes to laws or regulations that will improve the integrity
of the trademark register or reduce inaccurate or false claims
of use.
SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR.
(a) Amendments.--
(1) Section 18 of the Trademark Act of 1946 (15 U.S.C. 1068)
is amended by inserting after ``established in the proceedings''
the following: ``. The authority of the Director under this
section includes the authority to reconsider, and modify
[[Page 134 STAT. 2210]]
or set aside, a decision of the Trademark Trial and Appeal
Board''.
(2) Section 20 of the Trademark Act of 1946 (15 U.S.C. 1070)
is amended by adding at the end the following: ``The Director
may reconsider, and modify or set aside, a decision of the
Trademark Trial and Appeal Board under this section.''.
(3) Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092)
is amended by inserting after ``shall be canceled by the
Director'' the following: ``, unless the Director reconsiders
the decision of the Board, and modifies or sets aside, such
decision''.
(b) <<NOTE: 15 USC 1068 note.>> Rules of Construction.--
(1) Authority before date of enactment.--The amendments made
by subsection (a) shall not be construed to mean that the
Director lacked the authority to reconsider, and modify or set
aside, a decision of the Trademark Trial and Appeal Board before
the date of enactment of this Act.
(2) Authority with respect to particular decisions.--The
amendments made by subsection (a) shall not be construed to
require the Director to reconsider, modify, or set aside any
particular decision of the Trademark Trial and Appeal Board.
DIVISION R-- <<NOTE: Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2020.>> PROTECTING OUR INFRASTRUCTURE OF
PIPELINES AND ENHANCING SAFETY ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 49 USC 60101 note.>> Short Title.--This division may be
cited as the ``Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020'' or the ``PIPES Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and
approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Updates to standards for liquefied natural gas facilities.
Sec. 111. National Center of Excellence for Liquefied Natural Gas
Safety.
Sec. 112. Prioritization of rulemaking.
Sec. 113. Leak detection and repair.
Sec. 114. Inspection and maintenance plans.
Sec. 115. Consideration of pipeline class location changes.
Sec. 116. Protection of employees providing pipeline safety information.
Sec. 117. Interstate drug and alcohol oversight.
Sec. 118. Purpose and general authority.
Sec. 119. National Academy of Sciences study on automatic and remote-
controlled shut-off valves on existing pipelines.
Sec. 120. Unusually sensitive areas.
Sec. 121. Safety-related condition reports.
Sec. 122. Risk analysis and integrity management programs.
Sec. 123. Rule of construction.
[[Page 134 STAT. 2211]]
TITLE II--LEONEL RONDON PIPELINE SAFETY ACT
Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.
SEC. 2. <<NOTE: 49 USC 60101 note.>> DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Pipeline and Hazardous Materials Safety Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--From fees collected under section 60301,
there are authorized to be appropriated to the Secretary to
carry out section 12 of the Pipeline Safety Improvement Act of
2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
provisions of this chapter relating to gas and hazardous
liquid--
``(A) $156,400,000 for fiscal year 2021, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-
355); and
``(ii) $63,000,000 shall be used for making
grants;
``(B) $158,500,000 for fiscal year 2022, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-
355); and
``(ii) $66,000,000 shall be used for making
grants; and
``(C) $162,700,000 for fiscal year 2023, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-
355); and
``(ii) $69,000,000 shall be used for making
grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability Trust
Fund established by section 9509(a) of the Internal Revenue Code
of 1986 to carry out section 12 of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
355) and the provisions of this chapter relating to hazardous
liquid--
``(A) $27,000,000 for fiscal year 2021, of which--
[[Page 134 STAT. 2212]]
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-
355); and
``(ii) $11,000,000 shall be used for making
grants;
``(B) $27,650,000 for fiscal year 2022, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-
355); and
``(ii) $12,000,000 shall be used for making
grants; and
``(C) $28,700,000 for fiscal year 2023, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-
355); and
``(ii) $13,000,000 shall be used for making
grants.
``(3) Underground natural gas storage facility safety
account.--From fees collected under section 60302, there is
authorized to be appropriated to the Secretary to carry out
section 60141 $8,000,000 for each of fiscal years 2021 through
2023.
``(4) Recruitment and retention.--From amounts made
available to the Secretary under paragraphs (1) and (2), the
Secretary shall use--
``(A) $ 1,520,000 to carry out section 102(b)(1) of
the PIPES Act of 2020, of which--
``(i) $1,292,000 shall be from amounts made
available under paragraph (1)(A); and
``(ii) $228,000 shall be from amounts made
available under paragraph (2)(A);
``(B) $2,300,000 to carry out section 102(b)(2)(A)
of the PIPES Act of 2020, of which--
``(i) $1,955,000 shall be from amounts made
available under paragraph (1)(A); and
``(ii) $345,000 shall be from amounts made
available under paragraph (2)(A);
``(C) $1,600,000 to carry out section 102(b)(2)(B)
of the PIPES Act of 2020, of which--
``(i) $1,360,000 shall be from amounts made
available under paragraph (1)(B); and
``(ii) $240,000 shall be from amounts made
available under paragraph (2)(B);
``(D) $1,800,000 to carry out section 102(b)(2)(C)
of the PIPES Act of 2020, of which--
``(i) $ 1,530,000 shall be from amounts made
available under paragraph (1)(C); and
``(ii) $270,000 shall be from amounts made
available under paragraph (2)(C);
``(E) $2,455,000 to carry out section 102(c) of the
PIPES Act of 2020 in fiscal year 2021, of which--
``(i) $2,086,750 shall be from amounts made
available under paragraph (1)(A); and
``(ii) $368,250 shall be from amounts made
available under paragraph (2)(A);
``(F) $2,455,000 to carry out section 102(c) of the
PIPES Act of 2020 in fiscal year 2022, of which--
``(i) $2,086,750 shall be from amounts made
available under paragraph (1)(B); and
[[Page 134 STAT. 2213]]
``(ii) $368,250 shall be from amounts made
available under paragraph (2)(B); and
``(G) $2,455,000 to carry out section 102(c) of the
PIPES Act of 2020 in fiscal year 2023, of which--
``(i) $2,086,750 shall be from amounts made
available under paragraph (1)(C); and
``(ii) $368,250 shall be from amounts made
available under paragraph (2)(C).''.
(b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016
(Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs
(1) through (4) and inserting the following:
``(1) $25,000,000 for fiscal year 2021.
``(2) $26,000,000 for fiscal year 2022.
``(3) $27,000,000 for fiscal year 2023.''.
(c) One-call Notification Programs.--Section 6107 of title 49,
United States Code, is amended by striking `` $1,058,000 for each of
fiscal years 2016 through 2019'' and inserting `` $1,058,000 for each of
fiscal years 2021 through 2023''.
(d) Emergency Response Grants.--Section 60125(b)(2) of title 49,
United States Code, is amended by striking ``fiscal years 2012 through
2015'' and inserting ``fiscal years 2021 through 2023''.
(e) Pipeline Safety Information Grants to Communities.--Section
60130 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``to
local communities and groups of individuals (not
including for-profit entities)'' and inserting
``to local communities, Indian Tribes, and groups
of individuals (not including for-profit
entities)''; and
(ii) in the third sentence, by striking ``The
amount'' and inserting ``Except as provided in
subsection (c)(2), the amount''; and
(B) by striking paragraph (4);
(2) by striking subsection (c) and inserting the following:
``(c) Funding.--
``(1) In general.--Subject to paragraph (2), out of amounts
made available under section 2(b) of the PIPES Act of 2016
(Public Law 114-183; 130 Stat. 515), the Secretary shall use
$2,000,000 for each of fiscal years 2021 through 2023 to carry
out this section.
``(2) Improving technical assistance.--From the amounts used
to carry out this section under paragraph (1) each fiscal year,
the Secretary shall award $1,000,000 to an eligible applicant
through a competitive selection process for the purpose of
improving the quality of technical assistance provided to
communities or individuals under this section.
``(3) Limitation.--Any amounts used to carry out this
section shall not be derived from user fees collected under
section 60301.''; and
(3) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) Technical assistance.--The term `technical assistance'
means engineering, research, and other scientific analysis of
pipeline safety issues, including the promotion of public
participation on technical pipeline safety issues in proceedings
related to this chapter.
[[Page 134 STAT. 2214]]
``(2) Eligible applicant.--The term `eligible applicant'
means a nonprofit entity that--
``(A) is a public safety advocate;
``(B) has pipeline safety expertise;
``(C) is able to provide individuals and communities
with technical assistance; and
``(D) was established with funds designated for the
purpose of community service through the implementation
of section 3553 of title 18 relating to violations of
this chapter.''.
(f) Damage Prevention Programs.--Section 60134(i) of title 49,
United States Code, is amended in the first sentence by striking
``fiscal years 2012 through 2015'' and inserting ``fiscal years 2021
through 2023''.
(g) Pipeline Integrity Program.--Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
355) is amended by striking ``2016 through 2019'' and inserting ``2021
through 2023''.
SEC. 102. <<NOTE: 49 USC 60101 note.>> PIPELINE WORKFORCE
DEVELOPMENT.
(a) <<NOTE: Deadline.>> Inspector Training.--Not later than 1 year
after the date of enactment of this Act, the Administrator shall--
(1) <<NOTE: Review.>> review the inspector training
programs provided at the Inspector Training and Qualifications
Division of the Administration in Oklahoma City, Oklahoma; and
(2) <<NOTE: Determination.>> determine whether any of the
programs referred to in paragraph (1), or any portions of the
programs, could be provided online through teletraining or
another type of distance learning.
(b) Staffing.--
(1) In general.--The Secretary shall increase the number of
full-time equivalent employees (as compared to the number of
positions on the date of enactment of this Act) by 8 full-time
employees with subject matter expertise in pipeline safety,
pipeline facilities, and pipeline systems to finalize
outstanding rulemakings and fulfill congressional mandates.
(2) Pipeline inspection and enforcement personnel.--The
Secretary shall ensure that the number of full-time positions
for pipeline inspection and enforcement personnel in the Office
of Pipeline Safety of the Administration does not fall below the
following:
(A) 224 for fiscal year 2021.
(B) 235 for fiscal year 2022.
(C) 247 for fiscal year 2023.
(c) Recruitment and Retention Incentives.--
(1) In general.--The Secretary shall use incentives, as
necessary, to recruit and retain a qualified workforce,
including inspection and enforcement personnel and attorneys and
subject matter experts at the Office of Pipeline Safety of the
Administration, including--
(A) special pay rates permitted under section 5305
of title 5, United States Code;
(B) repayment of student loans permitted under
section 5379 of that title;
(C) tuition assistance permitted under chapter 41 of
that title;
[[Page 134 STAT. 2215]]
(D) recruitment incentives permitted under section
5753 of that title; and
(E) retention incentives permitted under section
5754 of that title.
(2) Continued service agreement.--The Secretary shall ensure
that the incentives described in paragraph (1) are accompanied
by a continued service agreement.
(3) Approval.--The Secretary shall request, as necessary,
the approval of the Office of Personnel Management to use the
incentives described in paragraph (1).
SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.
(a) Fees for Compliance Reviews of Liquefied Natural Gas
Facilities.--Chapter 603 of title 49, United States Code, is amended by
inserting after section 60302 the following:
``Sec. 60303. <<NOTE: 49 USC 60303.>> Fees for compliance reviews
of liquefied natural gas facilities
``(a) Imposition of Fee.--
``(1) In general.--The Secretary of Transportation (referred
to in this section as the `Secretary') shall impose on a person
who files with the Federal Energy Regulatory Commission an
application for a liquefied natural gas facility that has design
and construction costs totaling not less than $2,500,000,000 a
fee for the necessary expenses of a review, if any, that the
Secretary conducts, in connection with that application, to
determine compliance with subpart B of part 193 of title 49,
Code of Federal Regulations (or successor regulations).
``(2) Relation to other review.--The Secretary may not
impose fees under paragraph (1) and section 60117(o) or 60301(b)
for the same compliance review described in paragraph (1).
``(b) Means of Collection.--
``(1) <<NOTE: Procedures.>> In general.--The Secretary
shall prescribe procedures to collect fees under this section.
``(2) Use of government entities.--The Secretary may--
``(A) use a department, agency, or instrumentality
of the Federal Government or of a State or local
government to collect fees under this section; and
``(B) <<NOTE: Reimbursement.>> reimburse that
department, agency, or instrumentality a reasonable
amount for the services provided.
``(c) Account.--There is established an account, to be known as the
`Liquefied Natural Gas Siting Account', in the Pipeline Safety Fund
established in the Treasury of the United States under section 60301.''.
(b) Clerical Amendment.--The table of sections for chapter 603 of
title 49, United States Code, <<NOTE: 49 USC 60301 prec.>> is amended
by inserting after the item relating to section 60302 the following:
``60303. Fees for compliance reviews of liquefied natural gas
facilities.''.
SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND
APPROACHES.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
[[Page 134 STAT. 2216]]
``Sec. 60142. <<NOTE: 49 USC 60142.>> Pipeline safety enhancement
programs
``(a) <<NOTE: Evaluation.>> In General.--The Secretary may
establish and carry out limited safety-enhancing testing programs to
evaluate innovative technologies and operational practices testing the
safe operation of--
``(1) a natural gas pipeline facility; or
``(2) a hazardous liquid pipeline facility.
``(b) Limitations.--
``(1) In general.--Testing programs established under
subsection (a) may not exceed--
``(A) 5 percent of the total miles of hazardous
liquid pipelines in the United States that are regulated
by--
``(i) the Pipeline and Hazardous Materials
Safety Administration; or
``(ii) a State authority under section 60105
or 60106; and
``(B) 5 percent of the total miles of natural gas
pipelines in the United States that are regulated by--
``(i) the Pipeline and Hazardous Materials
Safety Administration; or
``(ii) a State authority under section 60105
or 60106.
``(2) Operator mileage limitation.--The Secretary shall
limit the miles of pipelines that each operator can test under
each program established under subsection (a) to the lesser of--
``(A) 38 percent of the total miles of pipelines in
the system of the operator that are regulated by--
``(i) the Pipeline and Hazardous Materials
Safety Administration; or
``(ii) a State authority under section 60105
or 60106; or
``(B) 1,000 miles.
``(3) Prohibited areas.--Any program established under
subsection (a) shall not be located in--
``(A) a high population area (as defined in section
195.450 of title 49, Code of Federal Regulations (or a
successor regulation));
``(B) a high consequence area (as defined in section
192.903 of title 49, Code of Federal Regulations (or a
successor regulation)); or
``(C) an unusually sensitive area (as described
under subsection (a)(1)(B)(ii) of section 60109 in
accordance with subsection (b) of that section).
``(4) High consequence areas for hazardous liquid
pipelines.--
``(A) <<NOTE: Reports.>> In general.--Not later
than 1 year after the date of enactment of this section,
the Secretary shall submit to Congress a report
examining the benefits and costs of prohibiting the
testing of hazardous liquid pipelines in high
consequence areas (as defined in section 195.450 of
title 49, Code of Federal Regulations (or a successor
regulation)).
``(B) Contents of report.--The report described in
subparagraph (A) shall examine--
``(i) the safety benefits of allowing the
testing of hazardous liquid pipelines in high
consequence areas
[[Page 134 STAT. 2217]]
(as defined in section 195.450 of title 49, Code
of Federal Regulations (or a successor
regulation)); and
``(ii) whether additional testing conditions
are required to protect those areas while
conducting a testing program established under
subsection (a) in those areas.
``(c) Duration.--
``(1) In general.--The term of a testing program established
under subsection (a) shall be not more than a period of 3 years
beginning on the date of approval of the program.
``(2) Requirement.--The Secretary shall not establish any
additional safety-enhancing testing programs under subsection
(a) after the date that is 3 years after the date of enactment
of this section.
``(d) Safety Standards.--
``(1) <<NOTE: Requirement.>> In general.--The Secretary
shall require, as a condition of approval of a testing program
under subsection (a), that the safety measures in the testing
program are designed to achieve a level of safety that is
greater than the level of safety required by this chapter.
``(2) Determination.--
``(A) In general.--The Secretary may issue an order
under subparagraph (A) of section 60118(c)(1) to
accomplish the purpose of a testing program for a term
not to exceed the time period described in subsection
(c) if the condition described in paragraph (1) is met,
as determined by the Secretary.
``(B) Limitation.--An order under subparagraph (A)
shall pertain only to those regulations that would
otherwise prevent the use of the safety technology to be
tested under the testing program.
``(3) Increased safety capabilities.--For purposes of
paragraph (1), improvement in the reliability, accuracy,
durability, or certainty of pipeline safety technologies,
techniques, or methods shall constitute an appropriate means of
meeting the safety measure requirement described in that
paragraph.
``(e) Considerations.--In establishing a testing program under
subsection (a), the Secretary shall consider--
``(1) the accident and incident record of the owners or
operators participating in the program;
``(2)(A) whether the owners or operators participating in
the program have a safety management system in place; and
``(B) how the application of that system proposes to
eliminate or mitigate potential safety and environmental risks
throughout the duration of the program; and
``(3) whether the proposed safety technology has been tested
through a research and development program carried out by--
``(A) the Secretary;
``(B) collaborative research development
organizations; or
``(C) other institutions.
``(f) Data and Findings.--
``(1) In general.--As a participant in a testing program
established under subsection (a), an owner or operator shall
submit to the Secretary detailed findings and a summary of data
collected as a result of participation in the testing program.
[[Page 134 STAT. 2218]]
``(2) <<NOTE: Web posting.>> Public report.--The Secretary
shall make publicly available on the website of the Department
of Transportation an annual report for any ongoing testing
program established under subsection (a) summarizing the
progress of the program.
``(g) Authority to Revoke Participation.--The Secretary shall
immediately revoke participation in a testing program under subsection
(a) if--
``(1)(A) the participant has an accident or incident
involving death or personal injury necessitating in-patient
hospitalization; and
``(B) the testing program is determined to be the cause of,
or a contributing factor to, that accident or incident;
``(2) the participant fails to comply with the terms and
conditions of the testing program; or
``(3) <<NOTE: Determination.>> in the determination of the
Secretary, continued participation in the testing program by the
participant would be unsafe or would not be consistent with the
goals and objectives of this chapter.
``(h) Authority to Terminate Program.--The Secretary shall
immediately terminate a testing program under subsection (a) if
continuation of the testing program would not be consistent with the
goals and objectives of this chapter.
``(i) State Rights.--
``(1) Exemption.--Except as provided in paragraph (2), if a
State submits to the Secretary notice that the State requests an
exemption from any testing program considered for establishment
under this section, the State shall be exempt.
``(2) Limitations.--
``(A) In general.--The Secretary shall not grant a
requested exemption under paragraph (1) after a testing
program is established.
``(B) <<NOTE: Time period.>> Late notice.--The
Secretary shall not grant a requested exemption under
paragraph (1) if the notice submitted under that
paragraph is submitted to the Secretary more than 30
days after the date on which the Secretary issues an
order providing an effective date for the testing
program in accordance with subsection (j).
``(3) Effect.--If a State has not submitted a notice
requesting an exemption under paragraph (1), the State shall not
enforce any law (including regulations) that is inconsistent
with a testing program in effect in the State under this
section.
``(j) Program Review Process and Public Notice.--
``(1) <<NOTE: Federal Register, publication. Time period.>>
In general.--The Secretary shall publish in the Federal Register
and send directly to each relevant State and each appropriate
State authority with a certification in effect under section
60105 a notice of each proposed testing program under subsection
(a), including the order to be considered, and provide an
opportunity for public comment for not less than 90 days.
``(2) <<NOTE: Deadline.>> Response from secretary.--Not
later than the date on which the Secretary issues an order
providing an effective date of a testing program noticed under
paragraph (1), the Secretary shall--
``(A) <<NOTE: Federal Register, publication.>>
publish the order in the Federal Register; and
``(B) respond to each comment submitted under
paragraph (1).
[[Page 134 STAT. 2219]]
``(k) <<NOTE: Public information. Web posting.>> Report to
Congress.--At the conclusion of each testing program, the Secretary
shall make publicly available on the website of the Department of
Transportation a report containing--
``(1) the findings and conclusions of the Secretary with
respect to the testing program; and
``(2) <<NOTE: Recommenda- tions.>> any recommendations of
the Secretary with respect to the testing program, including any
recommendations for amendments to laws (including regulations)
and the establishment of standards, that--
``(A) would enhance the safe operation of interstate
gas or hazardous liquid pipeline facilities; and
``(B) are technically, operationally, and
economically feasible.
``(l) <<NOTE: Regulations.>> Standards.--If a report under
subsection (k) indicates that it is practicable to establish
technically, operationally, and economically feasible standards for the
use of a safety-enhancing technology and any corresponding operational
practices tested by the testing program described in the report, the
Secretary, as soon as practicable after submission of the report, may
promulgate regulations consistent with chapter 5 of title 5 (commonly
known as the `Administrative Procedure Act') that--
``(1) allow operators of interstate gas or hazardous liquid
pipeline facilities to use the relevant technology or practice
to the extent practicable; and
``(2) establish technically, operationally, and economically
feasible standards for the capability and deployment of the
technology or practice.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, <<NOTE: 49 USC 60101 prec.>> is amended
by inserting after the item relating to section 60141 the following:
``60142. Pipeline safety enhancement programs.''.
SEC. 105. <<NOTE: Reports.>> PIPELINE SAFETY TESTING ENHANCEMENT
STUDY.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall submit to the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate and the Committees on
Transportation and Infrastructure, Energy and Commerce, and
Appropriations of the House of Representatives a report relating to--
(1) the research and development capabilities of the
Administration, in accordance with section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355);
(2)(A) the development of additional testing and research
capabilities through the establishment of an independent
pipeline safety testing facility under the Department of
Transportation;
(B) whether an independent pipeline safety testing facility
would be critical to the work of the Administration;
(C) the costs and benefits of developing an independent
pipeline safety testing facility under the Department of
Transportation; and
(D) the costs and benefits of colocating an independent
pipeline safety testing facility at an existing training center
of the Administration; and
[[Page 134 STAT. 2220]]
(3) the ability of the Administration to use the testing
facilities of the Department of Transportation, other Federal
agencies, or federally funded research and development centers.
SEC. 106. REGULATORY UPDATES.
(a) Definition of Outstanding Mandate.--In this section, the term
``outstanding mandate'' means--
(1) a final rule required to be issued under the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90; 125 Stat. 1904) that has not been published
in the Federal Register;
(2) a final rule required to be issued under the PIPES Act
of 2016 (Public Law 114-183; 130 Stat. 514) that has not been
published in the Federal Register; and
(3) any other final rule regarding gas or hazardous liquid
pipeline facilities required to be issued under this Act or an
Act enacted prior to the date of enactment of this Act that has
not been published in the Federal Register.
(b) Requirements.--
(1) <<NOTE: Deadline. Federal Register, publication. Public
information. Web posting.>> Periodic updates.--Not later than
30 days after the date of enactment of this Act, and every 30
days thereafter until a final rule referred to in paragraphs (1)
through (3) of subsection (a) is published in the Federal
Register, the Secretary shall publish on a publicly available
website of the Department of Transportation an update regarding
the status of each outstanding mandate in accordance with
subsection (c).
(2) Notification of congress.--On publication of a final
rule in the Federal Register for an outstanding mandate, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the
House of Representatives a notification in accordance with
subsection (c).
(c) Contents.--An update published or a notification submitted under
paragraph (1) or (2) of subsection (b) shall contain, as applicable--
(1) with respect to information relating to the
Administration--
(A) a description of the work plan for each
outstanding mandate;
(B) an updated rulemaking timeline for each
outstanding mandate;
(C) the staff allocations with respect to each
outstanding mandate;
(D) any resource constraints affecting the
rulemaking process for each outstanding mandate;
(E) any other details associated with the
development of each outstanding mandate that affect the
progress of the rulemaking process with respect to that
outstanding mandate; and
(F) a description of all rulemakings regarding gas
or hazardous liquid pipeline facilities published in the
Federal Register that are not identified under
subsection (b)(2); and
(2) with respect to information relating to the Office of
the Secretary--
[[Page 134 STAT. 2221]]
(A) the date that the outstanding mandate was
submitted to the Office of the Secretary for review;
(B) <<NOTE: Time period.>> the reason that the
outstanding mandate is under review beyond 45 days;
(C) the staff allocations within the Office of the
Secretary with respect to each the outstanding mandate;
(D) any resource constraints affecting review of the
outstanding mandate;
(E) <<NOTE: Timeline.>> an estimated timeline of
when review of the outstanding mandate will be complete,
as of the date of the update;
(F) if applicable, the date that the outstanding
mandate was returned to the Administration for revision
and the anticipated date for resubmission to the Office
of the Secretary;
(G) the date that the outstanding mandate was
submitted to the Office of Management and Budget for
review; and
(H) <<NOTE: Statement.>> a statement of whether the
outstanding mandate remains under review by the Office
of Management and Budget.
SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.
Section 60122(b)(1) of title 49, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(D) self-disclosure and correction of violations,
or actions to correct a violation, prior to discovery by
the Pipeline and Hazardous Materials Safety
Administration; and''.
SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.
(a) In General.--Section 60117 of title 49, United States Code, is
amended--
(1) by redesignating subsections (b) through (o) as
subsections (c) through (p), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Enforcement Procedures.--
``(1) <<NOTE: Requirements.>> Process.--In implementing
enforcement procedures under this chapter and part 190 of title
49, Code of Federal Regulations (or successor regulations), the
Secretary shall--
``(A) allow the respondent to request the use of a
consent agreement and consent order to resolve any
matter of fact or law asserted;
``(B) allow the respondent and the agency to convene
1 or more meetings--
``(i) for settlement or simplification of the
issues; or
``(ii) to aid in the disposition of issues;
``(C) require that the case file in an enforcement
proceeding include all agency records pertinent to the
matters of fact and law asserted;
``(D) allow the respondent to reply to each post-
hearing submission of the agency;
[[Page 134 STAT. 2222]]
``(E) allow the respondent to request that a hearing
be held, and an order be issued, on an expedited basis;
``(F) require that the agency have the burden of
proof, presentation, and persuasion in any enforcement
matter;
``(G) require that any order contain findings of
relevant fact and conclusions of law;
``(H) <<NOTE: Recommenda- tion. Deadline.>> require
the Office of Pipeline Safety to file a post-hearing
recommendation not later than 30 days after the deadline
for any post-hearing submission of a respondent;
``(I) <<NOTE: Deadline.>> require an order on a
petition for reconsideration to be issued not later than
120 days after the date on which the petition is filed;
and
``(J) allow an operator to request that an issue of
controversy or uncertainty be addressed through a
declaratory order in accordance with section 554(e) of
title 5.
``(2) Open to the public.--A hearing under this section
shall be--
``(A) <<NOTE: Web posting.>> noticed to the public
on the website of the Pipeline and Hazardous Materials
Safety Administration; and
``(B) in the case of a formal hearing (as defined in
section 190.3 of title 49, Code of Federal Regulations
(or a successor regulation)), open to the public.
``(3) Transparency.--
``(A) Agreements, orders, and judgments open to the
public.--With respect to each enforcement proceeding
under this chapter, the Administrator of the Pipeline
and Hazardous Materials Safety Administration shall make
publicly available on the website of the
Administration--
``(i) the charging documents;
``(ii) the written response of the respondent,
if filed; and
``(iii) any consent agreement, consent order,
order, or judgment resulting from a hearing under
this chapter.
``(B) Gao report on pipeline safety program
collection and transparency of enforcement
proceedings.--
``(i) In general.--Not later than 2 years
after the date of enactment of the PIPES Act of
2020, the Comptroller General of the United States
shall--
``(I) <<NOTE: Review. Public
information. Web posting.>> review
information on pipeline enforcement
actions that the Pipeline and Hazardous
Materials Safety Administration makes
publicly available on the internet; and
``(II) <<NOTE: Recommenda- tions.>>
submit to the Committee on Commerce,
Science, and Transportation of the
Senate and the Committees on
Transportation and Infrastructure and
Energy and Commerce of the House of
Representatives a report on that review,
including any recommendations under
clause (iii).
``(ii) <<NOTE: Assessments.>> Contents.--The
report under clause (i)(II) shall include--
``(I) a description of the process
that the Pipeline and Hazardous
Materials Safety Administration uses to
collect and record enforcement
information;
[[Page 134 STAT. 2223]]
``(II) an assessment of whether and,
if so, how the Pipeline and Hazardous
Materials Safety Administration ensures
that enforcement information is made
available to the public in an accessible
manner; and
``(III) an assessment of the
information described in clause (i)(I).
``(iii) Recommendations.--The report under
clause (i)(II) may include recommendations
regarding--
``(I) any improvements that could be
made to the accessibility of the
information described in clause (i)(I);
``(II) whether and, if so, how the
information described in clause (i)(I)
could be made more transparent; and
``(III) any other recommendations
that the Comptroller General of the
United States considers appropriate.
``(4) Savings clause.--Nothing in this subsection alters the
procedures applicable to--
``(A) an emergency order under subsection (p);
``(B) a safety order under subsection (m); or
``(C) a corrective action order under section
60112.''.
(b) Conforming Amendments.--
(1) Section 60109(g)(4) of title 49, United States Code, is
amended by striking ``section 60117(c)'' and inserting ``section
60117(d)''.
(2) Section 60117(p) of title 49, United States Code (as
redesignated by subsection (a)(1)), is amended, in paragraph
(3)(E), by striking ``60117(l)'' and inserting ``subsection
(m)''.
(3) Section 60118(a)(3) of title 49, United States Code, is
amended by striking ``section 60117(a)-(d)'' and inserting
``subsections (a) through (e) of section 60117''.
SEC. 109. PIPELINE OPERATING STATUS.
(a) In General.--Chapter 601 of title 49, United States Code (as
amended by section 104(a)), is amended by adding at the end the
following:
``Sec. 60143. <<NOTE: 49 USC 60143.>> Idled pipelines
``(a) Definition of Idled.--In this section, the term `idled', with
respect to a pipeline, means that the pipeline--
``(1)(A) has ceased normal operations; and
``(B) will not resume service for a period of not less than
180 days;
``(2) has been isolated from all sources of hazardous
liquid, natural gas, or other gas; and
``(3)(A) has been purged of combustibles and hazardous
materials and maintains a blanket of inert, nonflammable gas at
low pressure; or
``(B) has not been purged as described in subparagraph (A),
but the volume of gas is so small that there is no potential
hazard, as determined by the Secretary pursuant to a rule.
``(b) Rulemaking.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 2
years after the date of enactment of the PIPES Act of 2020, the
Secretary shall
[[Page 134 STAT. 2224]]
promulgate regulations prescribing the applicability of the
pipeline safety requirements to idled natural or other gas
transmission and hazardous liquid pipelines.
``(2) Requirements.--
``(A) In general.--The applicability of the
regulations under paragraph (1) shall be based on the
risk that idled natural or other gas transmission and
hazardous liquid pipelines pose to the public, property,
and the environment, and shall include requirements to
resume operation.
``(B) <<NOTE: Verification.>> Inspection.--The
Secretary or an appropriate State agency shall inspect
each idled pipeline and verify that the pipeline has
been purged of combustibles and hazardous materials, if
required under subsection (a).
``(C) Requirements for reinspection.--The Secretary
shall determine the requirements for periodic
reinspection of idled natural or other gas transmission
and hazardous liquid pipelines.
``(D) Resumption of operations.--As a condition to
allowing an idled pipeline to resume operations, the
Secretary shall require that, prior to resuming
operations, the pipeline shall be--
``(i) inspected with--
``(I) hydrostatic pressure testing;
``(II) an internal inspection
device; or
``(III) if the use of hydrostatic
pressure testing or an internal
inspection device is not technologically
feasible, another comparable technology
or practice; and
``(ii) in compliance with regulations
promulgated under this chapter, including any
regulations that became effective while the
pipeline was idled.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code <<NOTE: 49 USC 60101 prec.>> (as amended
by section 104(b)), is amended by inserting after the item relating to
section 60142 the following:
``60143. Idled pipelines.''.
SEC. 110. <<NOTE: 49 USC 60103 note.>> UPDATES TO STANDARDS FOR
LIQUEFIED NATURAL GAS FACILITIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall--
(1) <<NOTE: Review.>> review the minimum operating and
maintenance standards prescribed under section 60103(d) of title
49, United States Code; and
(2) based on the review under paragraph (1), update the
standards described in that paragraph applicable to large-scale
liquefied natural gas facilities (other than peak shaving
facilities) to provide for a risk-based regulatory approach for
such facilities, consistent with this section.
(b) Scope.--In updating the minimum operating and maintenance
standards under subsection (a)(2), the Secretary shall ensure that all
regulations, guidance, and internal documents--
(1) are developed and applied in a manner consistent with
this section; and
[[Page 134 STAT. 2225]]
(2) achieve a level of safety that is equivalent to, or
greater than, the level of safety required by the standards
prescribed as of the date of enactment of this Act under--
(A) section 60103(d) of title 49, United States
Code; and
(B) part 193 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of
this Act).
(c) Requirements.--The updates to the operating and maintenance
standards required under subsection (a)(2) shall, at a minimum, require
operators--
(1) to develop and maintain written safety information
identifying hazards associated with--
(A) the processes of liquefied natural gas
conversion, storage, and transport;
(B) equipment used in the processes; and
(C) technology used in the processes;
(2) <<NOTE: Assessment.>> to conduct a hazard assessment,
including the identification of potential sources of accidental
releases;
(3)(A) <<NOTE: Consultation.>> to consult with employees
and representatives of employees on the development and
execution of hazard assessments under paragraph (2); and
(B) to provide employees access to the records of the hazard
assessments and any other records required under the updated
standards;
(4) to establish a system to respond to the findings of a
hazard assessment conducted under paragraph (2) that addresses
prevention, mitigation, and emergency responses;
(5) <<NOTE: Review.>> to review, when a design change
occurs, the most recent hazard assessment conducted under
paragraph (2) and the response system established under
paragraph (4);
(6) <<NOTE: Procedures.>> to develop and implement written
operating procedures for the processes of liquefied natural gas
conversion, storage, and transport;
(7)(A) to provide written safety and operating information
to employees; and
(B) to train employees in operating procedures with an
emphasis on addressing hazards and using safe practices;
(8) to ensure contractors and contract employees are
provided appropriate information and training;
(9) to train and educate employees and contractors in
emergency response;
(10) to establish a quality assurance program to ensure that
equipment, maintenance materials, and spare parts relating to
the operations and maintenance of liquefied natural gas
facilities are fabricated and installed consistent with design
specifications;
(11) to establish maintenance systems for critical process-
related equipment, including written procedures, employee
training, appropriate inspections, and testing of that equipment
to ensure ongoing mechanical integrity;
(12) <<NOTE: Reviews.>> to conduct pre-start-up safety
reviews of all newly installed or modified equipment;
(13) <<NOTE: Procedures.>> to establish and implement
written procedures to manage change to processes of liquefied
natural gas conversion, storage, and transport, technology,
equipment, and facilities; and
[[Page 134 STAT. 2226]]
(14)(A) <<NOTE: Investigation.>> to investigate each
incident that results in, or could have resulted in--
(i) loss of life;
(ii) destruction of private property; or
(iii) a major accident; and
(B) to have operating personnel--
(i) <<NOTE: Review.>> review any findings of an
investigation under subparagraph (A); and
(ii) if appropriate, take responsive measures.
(d) Submission and Approval.--
(1) <<NOTE: Implementation plan.>> In general.--The
Secretary shall require that operators that are subject to the
regulations under subsection (a)(2) submit to the Secretary for
approval a plan for the implementation of the requirements
described in subsection (c).
(2) Requirement.--The implementation plan described in
paragraph (1) shall include--
(A) an anticipated schedule for the implementation
of the requirements described in subsection (c); and
(B) an overview of the process for implementation.
(e) Inspection and Compliance Assurance.--
(1) <<NOTE: Regulations.>> Determination of inadequate
programs.--If the Secretary determines during an inspection
carried out under chapter 601 of title 49, United States Code,
that an operator's implementation of the requirements described
in subsection (c) does not comply with the requirements of that
chapter (including any regulations promulgated under that
chapter), has not been adequately implemented, is inadequate for
the safe operation of a large-scale liquefied natural gas
facility, or is otherwise inadequate, the Secretary may conduct
enforcement proceedings under that chapter.
(2) Savings clause.--Nothing in this section shall affect
the authority of the Secretary to carry out inspections or
conduct enforcement proceedings under chapter 601 of title 49,
United States Code.
(f) Emergencies and Compliance.--Nothing in this section may be
construed to diminish or modify--
(1) the authority of the Secretary under this title to act
in the case of an emergency; or
(2) the authority of the Secretary under sections 60118
through 60123 of title 49, United States Code.
(g) Civil Penalties.--A person violating the standards prescribed
under this section, including any revisions to the minimum operating and
maintenance standards prescribed under 60103 of title 49, United States
Code, shall be liable for a civil penalty that may not exceed $200,000
for each violation pursuant to section 60122(a)(1) of that title.
SEC. 111. <<NOTE: 49 USC 60103 note.>> NATIONAL CENTER OF
EXCELLENCE FOR LIQUEFIED NATURAL GAS
SAFETY.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the National Center
of Excellence for Liquefied Natural Gas Safety that may be
established under subsection (b).
(2) LNG.--The term ``LNG'' means liquefied natural gas.
(3) LNG sector stakeholder.--The term ``LNG sector
stakeholder'' means a representative of--
[[Page 134 STAT. 2227]]
(A) LNG facilities that represent the broad array of
LNG facilities operating in the United States;
(B) States, Indian Tribes, and units of local
government;
(C) postsecondary education;
(D) labor organizations;
(E) safety organizations; or
(F) Federal regulatory agencies of jurisdiction,
which may include--
(i) the Administration;
(ii) the Federal Energy Regulatory Commission;
(iii) the Department of Energy;
(iv) the Occupational Safety and Health
Administration;
(v) the Coast Guard; and
(vi) the Maritime Administration.
(b) <<NOTE: Consultation.>> Establishment.--Only after submitting
the report under subsection (c) to the committees of Congress described
in that subsection, and subject to the availability of funds
appropriated by Congress for the applicable purpose, the Secretary, in
consultation with LNG sector stakeholders, may establish a center, to be
known as the ``National Center of Excellence for Liquefied Natural Gas
Safety''.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate and the Committees on
Transportation and Infrastructure, Energy and Commerce, and
Appropriations of the House of Representatives a report on--
(A) the resources necessary to establish the Center;
and
(B) the manner in which the Center will carry out
the functions described in subsection (d).
(2) <<NOTE: Cost estimate.>> Requirement.--The report under
paragraph (1) shall include an estimate of all potential costs
and appropriations necessary to carry out the functions
described in subsection (d).
(d) Functions.--The Center shall, for activities regulated under
section 60103 of title 49, United States Code, enhance the United States
as the leader and foremost expert in LNG operations by--
(1) furthering the expertise of the Federal Government in
the operations, management, and regulatory practices of LNG
facilities through--
(A) the use of performance-based principles;
(B) experience and familiarity with LNG operational
facilities; and
(C) increased communication with LNG experts to
learn and support state-of-the-art operational
practices;
(2) acting as a repository of information on best practices
for the operation of LNG facilities; and
(3) facilitating collaboration among LNG sector
stakeholders.
(e) Location.--
(1) <<NOTE: Determination.>> In general.--The Center shall
be located in close proximity to critical LNG transportation
infrastructure on, and
[[Page 134 STAT. 2228]]
connecting to, the Gulf of Mexico, as determined by the
Secretary.
(2) <<NOTE: Determination.>> Considerations.--In
determining the location of the Center, the Secretary shall--
(A) take into account the strategic value of
locating resources in close proximity to LNG facilities;
and
(B) locate the Center in the State with the largest
LNG production capacity, as determined by the total
capacity (in billion cubic feet per day) of LNG
production authorized by the Federal Energy Regulatory
Commission under section 3 of the Natural Gas Act (15
U.S.C. 717b) as of the date of enactment of this Act.
(f) <<NOTE: Oklahoma.>> Coordination With TQ Training Center.--In
carrying out the functions described in subsection (d), the Center shall
coordinate with the Training and Qualifications Training Center of the
Administration in Oklahoma City, Oklahoma, to facilitate knowledge
sharing among, and enhanced training opportunities for, Federal and
State pipeline safety inspectors and investigators.
(g) <<NOTE: Contracts.>> Joint Operation With Educational
Institution.--The Secretary may enter into an agreement with an
appropriate official of an institution of higher education--
(1) to provide for joint operation of the Center; and
(2) to provide necessary administrative services for the
Center.
SEC. 112. PRIORITIZATION OF RULEMAKING.
(a) <<NOTE: Deadline.>> Rulemaking.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall issue a final
rule with respect to the portion of the proposed rule issued on April 8,
2016, entitled ``Pipeline Safety: Safety of Gas Transmission and
Gathering Pipelines'' (81 Fed. Reg. 20722; Docket No. PHMSA-2011-0023)
that relates to the consideration of gathering pipelines.
(b) <<NOTE: Deadline.>> Study.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall--
(1) <<NOTE: Review.>> review the extent to which geospatial
and technical data is collected by operators of gathering lines,
including design and material specifications;
(2) analyze information collected by operators of gathering
lines when the mapping information described in paragraph (1) is
not available for a gathering line; and
(3) <<NOTE: Assessment.>> assess any plans and timelines of
operators of gathering lines to develop the mapping information
described in paragraph (1) or otherwise collect information
described in paragraph (2).
(c) <<NOTE: Recommenda- tions.>> Report.--The Comptroller General
of the United States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on Transportation
and Infrastructure and Energy and Commerce of the House of
Representatives a report on the review required under subsection (b),
including any recommendations that the Comptroller General of the United
States may have as a result of the review.
SEC. 113. LEAK DETECTION AND REPAIR.
Section 60102 of title 49, United States Code, is amended by adding
at the end the following:
``(q) Gas Pipeline Leak Detection and Repair.--
``(1) <<NOTE: Deadline. Regulations.>> In general.--Not
later than 1 year after the date of enactment of this
subsection, the Secretary shall promulgate
[[Page 134 STAT. 2229]]
final regulations that require operators of regulated gathering
lines (as defined pursuant to subsection (b) of section 60101
for purposes of subsection (a)(21) of that section) in a Class 2
location, Class 3 location, or Class 4 location, as determined
under section 192.5 of title 49, Code of Federal Regulations,
operators of new and existing gas transmission pipeline
facilities, and operators of new and existing gas distribution
pipeline facilities to conduct leak detection and repair
programs--
``(A) <<NOTE: Determination.>> to meet the need for
gas pipeline safety, as determined by the Secretary; and
``(B) to protect the environment.
``(2) Leak detection and repair programs.--
``(A) Minimum performance standards.--The final
regulations promulgated under paragraph (1) shall
include, for the leak detection and repair programs
described in that paragraph, minimum performance
standards that reflect the capabilities of commercially
available advanced technologies that, with respect to
each pipeline covered by the programs, are appropriate
for--
``(i) the type of pipeline;
``(ii) the location of the pipeline;
``(iii) the material of which the pipeline is
constructed; and
``(iv) the materials transported by the
pipeline.
``(B) Requirement.--The leak detection and repair
programs described in paragraph (1) shall be able to
identify, locate, and categorize all leaks that--
``(i) are hazardous to human safety or the
environment; or
``(ii) have the potential to become explosive
or otherwise hazardous to human safety.
``(3) Advanced leak detection technologies and practices.--
``(A) In general.--The final regulations promulgated
under paragraph (1) shall--
``(i) <<NOTE: Requirement.>> require the use
of advanced leak detection technologies and
practices described in subparagraph (B);
``(ii) identify any scenarios where operators
may use leak detection practices that depend on
human senses; and
``(iii) include a schedule for repairing or
replacing each leaking pipe, except a pipe with a
leak so small that it poses no potential hazard,
with appropriate deadlines.
``(B) <<NOTE: Surveys.>> Advanced leak detection
technologies and practices described.--The advanced leak
detection technologies and practices referred to in
subparagraph (A)(i) include--
``(i) for new and existing gas distribution
pipeline facilities, technologies and practices to
detect pipeline leaks--
``(I) through continuous monitoring
on or along the pipeline; or
[[Page 134 STAT. 2230]]
``(II) through periodic surveys with
handheld equipment, equipment mounted on
mobile platforms, or other means using
commercially available technology;
``(ii) for new and existing gas transmission
pipeline facilities, technologies and practices to
detect pipeline leaks through--
``(I) equipment that is capable of
continuous monitoring; or
``(II) periodic surveys with
handheld equipment, equipment mounted on
mobile platforms, or other means using
commercially available technology; and
``(iii) for regulated gathering lines in Class
2 locations, Class 3 locations, or Class 4
locations, technologies and practices to detect
pipeline leaks through--
``(I) equipment that is capable of
continuous monitoring; or
``(II) periodic surveys with
handheld equipment, equipment mounted on
mobile platforms, or other means using
commercially available technology.
``(4) Rules of construction.--
``(A) Surveys and timelines.--In promulgating
regulations under this subsection, the Secretary--
``(i) may not reduce the frequency of surveys
required under any other provision of this chapter
or stipulated by regulation as of the date of
enactment of this subsection; and
``(ii) may not extend the duration of any
timelines for the repair or remediation of leaks
that are stipulated by regulation as of the date
of enactment of this subsection.
``(B) Application.--The limitations in this
paragraph do not restrict the Secretary's ability to
modify any regulations through proceedings separate from
or subsequent to the final regulations required under
paragraph (1).
``(C) Existing authority.--Nothing in this
subsection may be construed to alter the authority of
the Secretary to regulate gathering lines as defined
pursuant to section 60101.''.
SEC. 114. INSPECTION AND MAINTENANCE PLANS.
(a) In General.--Section 60108 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``, must meet the requirements of any
regulations promulgated under section 60102(q),''
after ``the need for pipeline safety'';
(ii) in subparagraph (C), by striking ``and''
at the end; and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) the extent to which the plan will contribute
to--
[[Page 134 STAT. 2231]]
``(i) public safety;
``(ii) eliminating hazardous leaks and
minimizing releases of natural gas from pipeline
facilities; and
``(iii) the protection of the environment; and
``(E) the extent to which the plan addresses the
replacement or remediation of pipelines that are known
to leak based on the material (including cast iron,
unprotected steel, wrought iron, and historic plastics
with known issues), design, or past operating and
maintenance history of the pipeline.''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Review of plans.--
``(A) <<NOTE: Deadline. Time period.>> In
general.--Not later than 2 years after the date of
enactment of this subparagraph, and not less frequently
than once every 5 years thereafter, the Secretary or
relevant State authority with a certification in effect
under section 60105 shall review each plan described in
this subsection.
``(B) Context of review.--The Secretary may conduct
a review under this paragraph as an element of the
inspection of the operator carried out by the Secretary
under subsection (b).
``(C) <<NOTE: Determination.>> Inadequate
programs.--If the Secretary determines that a plan
reviewed under this paragraph does not comply with the
requirements of this chapter (including any regulations
promulgated under this chapter), has not been adequately
implemented, is inadequate for the safe operation of a
pipeline facility, or is otherwise inadequate, the
Secretary may conduct enforcement proceedings under this
chapter.''; and
(2) in subsection (b)(1)(B), by inserting ``construction
material,'' after ``method of construction,''.
(b) <<NOTE: Updates. 49 USC 60108 note.>> Deadline.--Not later than
1 year after the date of enactment of this Act, each pipeline operator
shall update the inspection and maintenance plan prepared by the
operator under section 60108(a) of title 49, United States Code, to
address the elements described in the amendments to that section made by
subsection (a).
(c) Inspection and Maintenance Plan Oversight.--
(1) <<NOTE: Evaluation.>> Study.--The Comptroller General
of the United States shall conduct a study to evaluate the
procedures used by the Secretary and States in reviewing plans
prepared by pipeline operators under section 60108(a) of title
49, United States Code, pursuant to subsection (b) in minimizing
releases of natural gas from pipeline facilities.
(2) Report of the comptroller general of the united
states.--Not later than 1 year after the Secretary's review of
the operator plans prepared under section 60108(a) of title 49,
United States Code, the Comptroller General of the United States
shall submit to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committees on
Transportation and Infrastructure and Energy and Commerce of the
House of Representatives a report that--
(A) <<NOTE: Evaluation.>> describes the results of
the study conducted under paragraph (1), including an
evaluation of the procedures
[[Page 134 STAT. 2232]]
used by the Secretary and States in reviewing the
effectiveness of the plans prepared by pipeline
operators under section 60108(a) of title 49, United
States Code, pursuant to subsection (b) in minimizing
releases of natural gas from pipeline facilities; and
(B) <<NOTE: Recommenda- tions.>> provides
recommendations for how to further minimize releases of
natural gas from pipeline facilities without
compromising pipeline safety based on observations and
information obtained through the study conducted under
paragraph (1).
(3) <<NOTE: Publication. Reports.>> Response of the
secretary.--Not later than 90 days after the date on which the
report under paragraph (2) is published, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives a report that includes a response to the results
of the study conducted under paragraph (1) and the
recommendations contained in the report submitted under
paragraph (2).
(d) <<NOTE: 49 USC 60103 note.>> Best Available Technologies or
Practices.--
(1) Report of the secretary.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and Infrastructure
and Energy and Commerce of the House of Representatives a
report--
(A) discussing--
(i) the best available technologies or
practices to prevent or minimize, without
compromising pipeline safety, the release of
natural gas when making planned repairs,
replacements, or maintenance to a pipeline
facility;
(ii) the best available technologies or
practices to prevent or minimize, without
compromising pipeline safety, the release of
natural gas when the operator intentionally vents
or releases natural gas, including blowdowns; and
(iii) pipeline facility designs that, without
compromising pipeline safety, mitigate the need to
intentionally vent natural gas; and
(B) <<NOTE: Recommenda-
tion. Timeline. Determination.>> recommending a
timeline for updating pipeline safety regulations, as
the Secretary determines to be appropriate, to address
the matters described in subparagraph (A).
(2) <<NOTE: Deadline. Updates.>> Rulemaking.--Not later
than 180 days after the date on which the Secretary submits the
report under this subsection, the Secretary shall update
pipeline safety regulations that the Secretary has determined
are necessary to protect the environment without compromising
pipeline safety.
SEC. 115. <<NOTE: 49 USC 60109 note.>> CONSIDERATION OF PIPELINE
CLASS LOCATION CHANGES.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall--
(1) <<NOTE: Review.>> review all comments submitted in
response to the advance notice of proposed rulemaking entitled
``Pipeline
[[Page 134 STAT. 2233]]
Safety: Class Location Change Requirements'' (83 Fed. Reg. 36861
(July 31, 2018));
(2) complete any other activities or procedures necessary--
(A) <<NOTE: Determination.>> to make a
determination whether to publish a notice of proposed
rulemaking; and
(B) if a positive determination is made under
subparagraph (A), to advance in the rulemaking process,
including by taking any actions required under section
60115 of title 49, United State Code; and
(3) consider the issues raised in the report to Congress
entitled ``Evaluation of Expanding Pipeline Integrity Management
Beyond High-Consequence Areas and Whether Such Expansion Would
Mitigate the Need for Gas Pipeline Class Location Requirements''
prepared by the Pipeline and Hazardous Materials Safety
Administration and submitted to Congress on June 8, 2016,
including the adequacy of existing integrity management
programs.
(b) Rule of Construction.--Nothing in this section may be construed
to require the Administrator of the Pipeline and Hazardous Materials
Safety Administration to publish a notice of proposed rulemaking or
otherwise continue the rulemaking process with respect to the advance
notice of proposed rulemaking described in subsection (a)(1).
(c) <<NOTE: Applicability. Time period.>> Reporting.--For purposes
of this section, the requirements of section 106 shall apply during the
period beginning on the date that is 180 days after the date of
enactment of this Act and ending on the date on which the requirements
of subsection (a) are completed.
SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
INFORMATION.
Section 60129 of title 49, United States Code, is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``employee with'' and inserting
``current or former employee with'';
(2) in subsection (b)(3), by adding at the end the
following:
``(D) De novo review.--
``(i) <<NOTE: Deadline.>> In general.--With
respect to a complaint under paragraph (1), if the
Secretary of Labor has not issued a final decision
by the date that is 210 days after the date on
which the complaint was filed, and if the delay is
not due to the bad faith of the employee who filed
the complaint, that employee may bring an original
action at law or equity for de novo review in the
appropriate district court of the United States,
which shall have jurisdiction over such action
without regard to the amount in controversy, and
which action shall, at the request of either party
to the action, be tried by the court with a jury.
``(ii) Burdens of proof.--An original action
described in clause (i) shall be governed by the
same legal burdens of proof specified in paragraph
(2)(B) for review by the Secretary of Labor.'';
and
(3) by adding at the end the following:
``(e) Nonenforceability of Certain Provisions Waiving Rights and
Remedies or Requiring Arbitration of Disputes.--
[[Page 134 STAT. 2234]]
``(1) Waiver of rights and remedies.--The rights and
remedies provided under this section may not be waived by any
agreement, policy, form, or condition of employment, including
by a predispute arbitration agreement.
``(2) Predispute arbitration agreements.--No provision of a
predispute arbitration agreement shall be valid or enforceable
if the provision requires arbitration of a dispute arising under
subsection (a)(1).''.
SEC. 117. <<NOTE: 49 USC 60102 note.>> INTERSTATE DRUG AND
ALCOHOL OVERSIGHT.
(a) <<NOTE: Deadline. Audits.>> In General.--Not later than 18
months after the date of enactment of this Act, the Secretary shall
amend the auditing program for the drug and alcohol regulations in part
199 of title 49, Code of Federal Regulations, to improve the efficiency
and processes of those regulations as applied to--
(1) operators; and
(2) pipeline contractors working for multiple operators in
multiple States.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall minimize duplicative audits of the same operators, and the
contractors working for those operators, by the Administration and
multiple State agencies.
(c) Rule of Construction.--Nothing in this section may be construed
to require modification of the inspection or enforcement authority of
any Federal agency or State.
SEC. 118. PURPOSE AND GENERAL AUTHORITY.
Section 60102(b)(5) of title 49, United States Code, is amended--
(1) by striking ``Chapter'' and inserting ``chapter''; and
(2) by inserting ``, including safety and environmental
benefits,'' after ``benefits''.
SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON AUTOMATIC AND
REMOTE-CONTROLLED SHUT-OFF VALVES ON
EXISTING PIPELINES.
(a) <<NOTE: Contracts.>> Study.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct a study of potential
methodologies or standards for the installation of automatic or remote-
controlled shut-off valves on an existing pipeline in--
(1) a high consequence area (as defined in section 192.903
of title 49, Code of Federal Regulations (or a successor
regulation)) for a gas transmission pipeline facility; or
(2) for a hazardous liquid pipeline facility--
(A) a commercially navigable waterway (as defined in
section 195.450 of that title (or a successor
regulation)); or
(B) an unusually sensitive area (as defined in
section 195.6 of that title (or a successor
regulation)).
(b) Factors for Consideration.--In conducting the study under
subsection (a), the National Academy of Sciences shall take into
consideration, as applicable--
(1) methodologies that conform to the recommendations
submitted by the National Transportation Safety Board to the
Pipeline and Hazardous Materials Safety Administration and
Congress regarding automatic and remote-controlled shut-off
valves;
[[Page 134 STAT. 2235]]
(2) to the extent practicable, compatibility with existing
regulations of the Administration, including any regulations
promulgated pursuant to docket number PHMSA-2013-0255, relating
to the installation of automatic and remote-controlled shutoff
valves;
(3) methodologies that maximize safety and environmental
benefits; and
(4) the economic, technical, and operational feasibility of
installing automatic or remote-controlled shut-off valves on
existing pipelines by employing such methodologies or standards.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the National Academy of Sciences shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy and Commerce
of the House of Representatives a report describing the results of the
study under subsection (a).
SEC. 120. UNUSUALLY SENSITIVE AREAS.
(a) Certain Coastal Waters; Coastal Beaches.--Section 19(b) of the
PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114-183) is
amended--
(1) by striking ``The Secretary'' and inserting the
following: ``
``(1) Definitions.--In this subsection:
``(A) Certain coastal waters.--The term `certain
coastal waters' means--
``(i) the territorial sea of the United
States;
``(ii) the Great Lakes and their connecting
waters; and
``(iii) the marine and estuarine waters of the
United States up to the head of tidal influence.
``(B) Coastal beach.--The term `coastal beach' means
any land between the high- and low-water marks of
certain coastal waters.
``(2) Revision.--The Secretary''; and
(2) in paragraph (2) (as so designated), by striking
``marine coastal waters'' and inserting ``certain coastal
waters''.
(b) Certain Coastal Waters.--Section 60109(b)(2) of title 49, United
States Code, is amended by striking ``marine coastal waters'' and
inserting ``certain coastal waters''.
(c) <<NOTE: Deadline. 49 USC 60109 note.>> Update to Regulations.--
The Secretary shall complete the revision to regulations required under
section 19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law
114-183) (as amended by subsection (a)) by not later than 90 days after
the date of enactment of this Act.
(d) Hazardous Liquid Pipeline Facilities Located in Certain Areas.--
Section 60109(g) of title 49, United States Code, is amended--
(1) in paragraph (1)(B), by inserting ``, but not less often
than once every 12 months'' before the period at the end; and
(2) by adding at the end the following:
``(5) <<NOTE: Procedures. Assessment.>> Considerations.--In
carrying out this subsection, each operator shall implement
procedures that assess potential impacts by maritime equipment
or other vessels, including anchors, anchor chains, or any other
attached equipment.''.
[[Page 134 STAT. 2236]]
SEC. 121. SAFETY-RELATED CONDITION REPORTS.
Section 60102(h) of title 49, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Submission of report.--As soon as practicable, but not
later than 5 business days, after a representative of a person
to whom this section applies first establishes that a condition
described in paragraph (1) exists, the operator shall submit the
report required under that paragraph to--
``(A) the Secretary;
``(B) the appropriate State authority or, where no
appropriate State authority exists, to the Governor of a
State where the subject of the Safety Related Condition
report occurred; and
``(C) the appropriate Tribe where the subject of the
Safety Related Condition report occurred.
``(3) Submission of report to other entities.--Upon request,
a State authority or a Governor that receives a report submitted
under this subsection may submit the report to any relevant
emergency response or planning entity, including any--
``(A) State emergency response commission
established pursuant to section 301 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11001);
``(B) Tribal emergency response commission or
emergency planning committee (as defined in part 355 of
title 40, Code of Federal Regulations (or a successor
regulation));
``(C) local emergency planning committee established
pursuant to section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
or
``(D) other public agency responsible for emergency
response.''.
SEC. 122. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.
Section 60109(c) of title 49, United States Code, is amended by
adding at the end the following:
``(12) Distribution pipelines.--
``(A) <<NOTE: Assessment.>> Study.--The Secretary
shall conduct a study of methods that may be used under
paragraph (3), other than direct assessment, to assess
distribution pipelines to determine whether any such
method--
``(i) would provide a greater level of safety
than direct assessment of the pipelines; and
``(ii) is feasible.
``(B) Report.--Not later than 2 years after the date
of enactment of this paragraph, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on
Energy and Commerce and Transportation and
Infrastructure of the House of Representatives a report
describing--
``(i) the results of the study under
subparagraph (A); and
``(ii) <<NOTE: Recommenda- tions.>>
recommendations based on that study, if any.''.
SEC. 123. <<NOTE: 49 USC 60101 note.>> RULE OF CONSTRUCTION.
Nothing in this title or an amendment made by this title may be
construed to affect the authority of the Administrator of
[[Page 134 STAT. 2237]]
the Environmental Protection Agency under the Clean Air Act (42 U.S.C.
7401 et seq.), the authority of the Secretary of the Interior under the
Mineral Leasing Act (30 U.S.C. 181 et seq.), or the authority of any
State, to regulate a release of pollutants or hazardous substances to
air, water, or land, including through the establishment and enforcement
of requirements relating to such release.
TITLE II <<NOTE: Leonel Rondon Pipeline Safety Act.>> --LEONEL RONDON
PIPELINE SAFETY ACT
SEC. 201. <<NOTE: 49 USC 60101 note.>> SHORT TITLE.
This title may be cited as the ``Leonel Rondon Pipeline Safety
Act''.
SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.
(a) In General.--Section 60109(e) of title 49, United States Code,
is amended by adding at the end the following:
``(7) Evaluation of risk.--
``(A) <<NOTE: Deadline. Regulations.>> In
general.--Not later than 2 years after the date of
enactment of this paragraph, the Secretary shall
promulgate regulations to ensure that each distribution
integrity management plan developed by an operator of a
distribution system includes an evaluation of--
``(i) the risks resulting from the presence of
cast iron pipes and mains in the distribution
system; and
``(ii) <<NOTE: Determination.>> the risks
that could lead to or result from the operation of
a low-pressure distribution system at a pressure
that makes the operation of any connected and
properly adjusted low-pressure gas burning
equipment unsafe, as determined by the Secretary.
``(B) Consideration.--In carrying out subparagraph
(A)(ii), the Secretary shall ensure that an operator of
a distribution system--
``(i) considers factors other than past
observed abnormal operating conditions (as defined
in section 192.803 of title 49, Code of Federal
Regulations (or a successor regulation)) in
ranking risks and identifying measures to mitigate
those risks; and
``(ii) may not determine that there are no
potential consequences associated with low
probability events unless that determination is
otherwise supported by engineering analysis or
operational knowledge.
``(C) Deadlines.--
``(i) <<NOTE: Records.>> In general.--Not
later than 2 years after the date of enactment of
this paragraph, each operator of a distribution
system shall make available to the Secretary or
the relevant State authority with a certification
in effect under section 60105, as applicable, a
copy of--
``(I) the distribution integrity
management plan of the operator;
``(II) the emergency response plan
under section 60102(d)(5); and
[[Page 134 STAT. 2238]]
``(III) the procedural manual for
operations, maintenance, and emergencies
under section 60102(d)(4).
``(ii) <<NOTE: Determination.>> Updates.--
Each operator of a distribution system shall make
available to the Secretary or make available for
inspection to the relevant State authority
described in clause (i), if applicable, an updated
plan or manual described in that clause by not
later than 60 days after the date of a significant
update, as determined by the Secretary.
``(iii) Applicability of foia.--Nothing in
this subsection shall be construed to authorize
the disclosure of any information that is exempt
from disclosure under section 552(b) of title 5.
``(D) Review of plans and documents.--
``(i) Timing.--
``(I) <<NOTE: Deadline.>> In
general.--Not later than 2 years after
the date of promulgation of the
regulations under subparagraph (A), and
not less frequently than once every 5
years thereafter, the Secretary or
relevant State authority with a
certification in effect under section
60105 shall review the distribution
integrity management plan, the emergency
response plan, and the procedural manual
for operations, maintenance, and
emergencies of each operator of a
distribution system and record the
results of that review for use in the
next review of the program of that
operator.
``(II) Grace period.--For the third,
fourth, and fifth years after the date
of promulgation of the regulations under
subparagraph (A), the Secretary--
``(aa) shall not use
subclause (I) as justification
to reduce funding, decertify, or
penalize in any way under
section 60105, 60106, or 60107 a
State authority that has in
effect a certification under
section 60105 or an agreement
under section 60106; and
``(bb) shall--
``(AA) <<NOTE: List.>>
submit to the Committee on
Commerce, Science, and
Transportation of the Senate
and the Committees on
Transportation and
Infrastructure and Energy
and Commerce of the House of
Representatives a list of
States found to be
noncompliant with subclause
(I) during the annual
program evaluation; and
``(BB) <<NOTE: Notice.>>
provide a written notice to
each State authority
described in item (aa) that
is not in compliance with
the requirements of
subclause (I).
``(ii) Review.--Each plan or procedural manual
made available under subparagraph (C)(i) shall be
reexamined--
``(I) on significant change to the
plans or procedural manual, as
applicable;
[[Page 134 STAT. 2239]]
``(II) on significant change to the
gas distribution system of the operator,
as applicable; and
``(III) not less frequently than
once every 5 years.
``(iii) Context of review.--The Secretary may
conduct a review under clause (i) or (ii) as an
element of the inspection of the operator carried
out by the Secretary.
``(iv) <<NOTE: Determination.>> Inadequate
programs.--If the Secretary determines that the
documents reviewed under clause (i) or (ii) do not
comply with the requirements of this chapter
(including regulations to implement this chapter),
have not been adequately implemented, or are
inadequate for the safe operation of a pipeline
facility, the Secretary may conduct proceedings
under this chapter.''.
(b) Contents of State Pipeline Safety Program Certifications.--
(1) In general.--Section 60105(b) of title 49, United States
Code, is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(8) has the capability to sufficiently review and evaluate
the adequacy of the plans and manuals described in section
60109(e)(7)(C)(i); and
``(9) has a sufficient number of employees described in
paragraph (3) to ensure safe operations of pipeline facilities,
updating the State Inspection Calculation Tool to take into
account factors including--
``(A) the number of miles of natural gas and
hazardous liquid pipelines in the State, including the
number of miles of cast iron and bare steel pipelines;
``(B) the number of services in the State;
``(C) the age of the gas distribution system in the
State; and
``(D) environmental factors that could impact the
integrity of the pipeline, including relevant geological
issues.''.
(2) <<NOTE: 49 USC 60105 note.>> Rulemaking.--The Secretary
shall promulgate regulations to require that a State authority
with a certification in effect under section 60105 of title 49,
United States Code, has a sufficient number of qualified
inspectors to ensure safe operations, as determined by the State
Inspection Calculation Tool and other factors determined to be
appropriate by the Secretary.
(3) <<NOTE: 49 USC 60105 note.>> Deadline.--Not later than
2 years after the date of enactment of this Act, the Secretary
shall promulgate regulations to implement the amendments made by
this subsection.
SEC. 203. EMERGENCY RESPONSE PLANS.
Section 60102 of title 49, United States Code (as amended by section
113), is amended by adding at the end the following:
``(r) <<NOTE: Deadline. Updates. Regulations. Procedures. Determination.>>
Emergency Response Plans.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall update regulations to
ensure that each emergency response plan
[[Page 134 STAT. 2240]]
developed by an operator of a distribution system under subsection
(d)(5), includes written procedures for--
``(1) establishing communication with first responders and
other relevant public officials, as soon as practicable,
beginning from the time of confirmed discovery, as determined by
the Secretary, by the operator of a gas pipeline emergency
involving a release of gas from a distribution system of that
operator that results in--
``(A) a fire related to an unintended release of
gas;
``(B) an explosion;
``(C) 1 or more fatalities; or
``(D) the unscheduled release of gas and shutdown of
gas service to a significant number of customers, as
determined by the Secretary;
``(2) establishing general public communication through an
appropriate channel--
``(A) as soon as practicable, as determined by the
Secretary, after a gas pipeline emergency described in
paragraph (1); and
``(B) that provides information regarding--
``(i) the emergency described in subparagraph
(A); and
``(ii) the status of public safety; and
``(3) the development and implementation of a voluntary,
opt-in system that would allow operators of distribution systems
to rapidly communicate with customers in the event of an
emergency.''.
SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.
Section 60102 of title 49, United States Code (as amended by section
203), is amended by adding at the end the following:
``(s) <<NOTE: Deadline. Updates. Regulations. Procedures.>>
Operations and Maintenance Manuals.--Not later than 2 years after the
date of enactment of this subsection, the Secretary shall update
regulations to ensure that each procedural manual for operations,
maintenance, and emergencies developed by an operator of a distribution
pipeline under subsection (d)(4), includes written procedures for--
``(1) responding to overpressurization indications,
including specific actions and an order of operations for
immediately reducing pressure in or shutting down portions of
the gas distribution system, if necessary; and
``(2) <<NOTE: Procedure.>> a detailed procedure for the
management of the change process, which shall--
``(A) be applied to significant technology,
equipment, procedural, and organizational changes to the
distribution system; and
``(B) <<NOTE: Review. Certification.>> ensure that
relevant qualified personnel, such as an engineer with a
professional engineer licensure, subject matter expert,
or other employee who possesses the necessary knowledge,
experience, and skills regarding natural gas
distribution systems, review and certify construction
plans for accuracy, completeness, and correctness.''.
SEC. 205. <<NOTE: 49 USC 60103 note.>> PIPELINE SAFETY MANAGEMENT
SYSTEMS.
(a) <<NOTE: Reports.>> In General.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
[[Page 134 STAT. 2241]]
Committees on Transportation and Infrastructure and Energy and Commerce
of the House of Representatives a report describing--
(1) the number of operators of natural gas distribution
systems who have implemented a pipeline safety management system
in accordance with the standard established by the American
Petroleum Institute entitled ``Pipeline Safety Management System
Requirements'' and numbered American Petroleum Institute
Recommended Practice 1173;
(2) the progress made by operators of natural gas
distribution systems who have implemented, or are in the process
of implementing, a pipeline safety management system described
in paragraph (1); and
(3) the feasibility of an operator of a natural gas
distribution system implementing a pipeline safety management
system described in paragraph (1) based on the size of the
operator as measured by--
(A) the number of customers the operator has; and
(B) the amount of natural gas the operator
transports.
(b) <<NOTE: Recommenda- tions.>> Requirements.--As part of the
report required under subsection (a), the Secretary shall provide
guidance or recommendations that would further the adoption of safety
management systems in accordance with the standard established by the
American Petroleum Institute entitled ``Pipeline Safety Management
System Requirements'' and numbered American Petroleum Institute
Recommended Practice 1173.
(c) Evaluation and Promotion of Safety Management Systems.--The
Secretary and the relevant State authority with a certification in
effect under section 60105 of title 49, United States Code, as
applicable, shall--
(1) <<NOTE: Assessment.>> promote and assess pipeline
safety management systems frameworks developed by operators of
natural gas distribution systems and described in the report
under subsection (a), including--
(A) if necessary, using independent third-party
evaluators; and
(B) through a system that promotes self-disclosure
of--
(i) errors; and
(ii) deviations from regulatory standards; and
(2) if a deviation from a regulatory standard is identified
during the development and application of a pipeline safety
management system, certify that--
(A) due consideration will be given to factors such
as flawed procedures, honest mistakes, or lack of
understanding; and
(B) the operators and regulators use the most
appropriate tools to fix the deviation, return to
compliance, and prevent the recurrence of the deviation,
including--
(i) root cause analysis; and
(ii) training, education, or other appropriate
improvements to procedures or training programs.
SEC. 206. PIPELINE SAFETY PRACTICES.
Section 60102 of title 49, United States Code (as amended by section
204), is amended by adding at the end the following:
``(t) <<NOTE: Deadlines. Regulations. Requirements.>> Other
Pipeline Safety Practices.--
[[Page 134 STAT. 2242]]
``(1) Records.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to require an operator of a distribution system--
``(A) to identify and manage traceable, reliable,
and complete records, including maps and other drawings,
critical to ensuring proper pressure controls for a gas
distribution system, and updating these records as
needed, while collecting and identifying other records
necessary for risk analysis on an opportunistic basis;
and
``(B) to ensure that the records required under
subparagraph (A) are--
``(i) accessible to all personnel responsible
for performing or overseeing relevant construction
or engineering work; and
``(ii) submitted to, or made available for
inspection by, the Secretary or the relevant State
authority with a certification in effect under
section 60105.
``(2) Presence of qualified employees.--
``(A) <<NOTE: Determination. Evaluation.>> In
general.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall
promulgate regulations to require that not less than 1
agent of an operator of a distribution system who is
qualified to perform relevant covered tasks, as
determined by the Secretary, shall monitor gas pressure
at the district regulator station or at an alternative
site with equipment capable of ensuring proper pressure
controls and have the capability to promptly shut down
the flow of gas or control over pressurization at a
district regulator station during any construction
project that has the potential to cause a hazardous
overpressurization at that station, including tie-ins
and abandonment of distribution lines and mains, based
on an evaluation, conducted by the operator, of threats
that could result in unsafe operation.
``(B) Exclusion.--In promulgating regulations under
subparagraph (A), the Secretary shall ensure that those
regulations do not apply to a district regulating
station that has a monitoring system and the capability
for remote or automatic shutoff.
``(3) District regulator stations.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall promulgate regulations to require that each
operator of a distribution system assesses and upgrades,
as appropriate, each district regulator station of the
operator to ensure that--
``(i) the risk of the gas pressure in the
distribution system exceeding, by a common mode of
failure, the maximum allowable operating pressure
(as described in section 192.623 of title 49, Code
of Federal Regulations (or a successor
regulation)) allowed under Federal law (including
regulations) is minimized;
``(ii) the gas pressure of a low-pressure
distribution system is monitored, particularly at
or near the location of critical pressure-control
equipment;
``(iii) the regulator station has secondary or
backup pressure-relieving or overpressure-
protection safety technology, such as a relief
valve or automatic shutoff
[[Page 134 STAT. 2243]]
valve, or other pressure-limiting devices
appropriate for the configuration and siting of
the station and, in the case of a regulator
station that employs the primary and monitor
regulator design, the operator shall eliminate the
common mode of failure or provide backup
protection capable of either shutting the flow of
gas, relieving gas to the atmosphere to fully
protect the distribution system from
overpressurization events, or there must be
technology in place to eliminate a common mode of
failure; and
``(iv) <<NOTE: Determination.>> if the
Secretary determines that it is not operationally
possible for an operator to implement the
requirements under clause (iii), the Secretary
shall require such operator to identify actions in
their plan that minimize the risk of an
overpressurization event.''.
DIVISION S--INNOVATION FOR THE ENVIRONMENT
SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a))
is amended by striking ``2016'' and inserting ``2024''.
SEC. 102. <<NOTE: Utilizing Significant Emissions with Innovative
Technologies Act.>> ENCOURAGING
PROJECTS TO REDUCE EMISSIONS.
(a) <<NOTE: 42 USC 4321 note.>> Short Title.--This section may be
cited as the ``Utilizing Significant Emissions with Innovative
Technologies Act'' or the ``USE IT Act''.
(b) Research, Investigation, Training, and Other Activities.--
Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(B) in the undesignated matter following
subparagraph (D) (as so redesignated)--
(i) in the second sentence, by striking ``The
Administrator'' and inserting the following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking
``Nothing'' and inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking ``Such
program'' and inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States,
institutions of higher education,''
after ``scientists,''; and
[[Page 134 STAT. 2244]]
(II) by striking ``Such strategies
and technologies shall be developed''
and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking ``In
carrying out'' and inserting the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A)
with respect to carbon dioxide, the Administrator--
``(i) is authorized to carry out the
activities described in subparagraph (B); and
``(ii) shall carry out the activities
described in subparagraph (C).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board' means
the Direct Air Capture Technology
Advisory Board established by clause
(iii)(I).
``(II) Dilute.--The term `dilute'
means a concentration of less than 1
percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The term
`direct air capture', with
respect to a facility,
technology, or system, means
that the facility, technology,
or system uses carbon capture
equipment to capture carbon
dioxide directly from the air.
``(bb) Exclusion.--The term
`direct air capture' does not
include any facility,
technology, or system that
captures carbon dioxide--
``(AA) that is
deliberately released from a
naturally occurring
subsurface spring; or
``(BB) using natural
photosynthesis.
``(IV) Intellectual property.--The
term `intellectual property' means--
``(aa) an invention that is
patentable under title 35,
United States Code; and
``(bb) any patent on an
invention described in item
(aa).
``(ii) Technology prizes.--
``(I) <<NOTE: Deadline. Consultation.>>
In general.--Not later than 1 year after
the date of enactment of the Utilizing
Significant Emissions with Innovative
Technologies Act, the Administrator, in
consultation with the Secretary of
Energy, is authorized to establish a
program to provide financial awards on a
competitive basis for direct air capture
from media in which the concentration of
carbon dioxide is dilute.
``(II) Duties.--In carrying out this
clause, the Administrator shall--
``(aa) subject to subclause
(III), develop specific
requirements for--
[[Page 134 STAT. 2245]]
``(AA) the competition
process; and
``(BB) the demonstration
of performance of approved
projects;
``(bb) offer financial
awards for a project designed--
``(AA) to the maximum
extent practicable, to
capture more than 10,000
tons of carbon dioxide per
year;
``(BB) to operate in a
manner that would be
commercially viable in the
foreseeable future (as
determined by the Board);
and
``(CC) to improve the
technologies or information
systems that enable
monitoring and verification
methods for direct air
capture projects; and
``(cc) to the maximum extent
practicable, make financial
awards to geographically diverse
projects, including at least--
``(AA) 1 project in a
coastal State; and
``(BB) 1 project in a
rural State.
``(III) Public participation.--In
carrying out subclause (II)(aa), the
Administrator shall--
``(aa) <<NOTE: Notice. Time
period.>> provide notice of
and, for a period of not less
than 60 days, an opportunity for
public comment on, any draft or
proposed version of the
requirements described in
subclause (II)(aa); and
``(bb) take into account
public comments received in
developing the final version of
those requirements.
``(iii) Direct air capture technology advisory
board.--
``(I) Establishment.--The
Administrator may establish an advisory
board to be known as the `Direct Air
Capture Technology Advisory Board'.
``(II) <<NOTE: Appointment.>>
Composition.--The Board, on the
establishment of the Board, shall be
composed of 9 members appointed by the
Administrator, who shall provide
expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management;
and
``(hh) such other
disciplines as the Administrator
determines to be necessary to
achieve the purposes of this
subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of
the Board shall serve for a term
of 6 years.
``(bb) Vacancies.--A vacancy
on the Board--
``(AA) shall not affect
the powers of the Board; and
[[Page 134 STAT. 2246]]
``(BB) shall be filled
in the same manner as the
original appointment was
made.
``(IV) <<NOTE: Deadline.>> Initial
meeting.--Not later than 30 days after
the date on which all members of the
Board have been appointed, the Board
shall hold the initial meeting of the
Board.
``(V) Meetings.--The Board shall
meet at the call of the Chairperson or
on the request of the Administrator.
``(VI) Quorum.--A majority of the
members of the Board shall constitute a
quorum, but a lesser number of members
may hold hearings.
``(VII) Chairperson and vice
chairperson.--The Board shall select a
Chairperson and Vice Chairperson from
among the members of the Board.
``(VIII) Compensation.--Each member
of the Board may be compensated at not
to exceed the daily equivalent of the
annual rate of basic pay in effect for a
position at level V of the Executive
Schedule under section 5316 of title 5,
United States Code, for each day during
which the member is engaged in the
actual performance of the duties of the
Board.
``(IX) Duties.--The Board shall--
``(aa) advise the
Administrator on carrying out
the duties of the Administrator
under this subparagraph; and
``(bb) provide other
assistance and advice as
requested by the Administrator.
``(iv) Intellectual property.--
``(I) In general.--As a condition of
receiving a financial award under this
subparagraph, an applicant shall agree
to vest the intellectual property of the
applicant derived from the technology in
1 or more entities that are incorporated
in the United States.
``(II) Reservation of license.--The
United States--
``(aa) may reserve a
nonexclusive, nontransferable,
irrevocable, paid-up license, to
have practiced for or on behalf
of the United States, in
connection with any intellectual
property described in subclause
(I); but
``(bb) shall not, in the
exercise of a license reserved
under item (aa), publicly
disclose proprietary information
relating to the license.
``(III) Transfer of title.--Title to
any intellectual property described in
subclause (I) shall not be transferred
or passed, except to an entity that is
incorporated in the United States, until
the expiration of the first patent
obtained in connection with the
intellectual property.
``(v) Authorization of appropriations.--There
is authorized to be appropriated to carry out this
subparagraph $35,000,000, to remain available
until expended.
[[Page 134 STAT. 2247]]
``(vi) Termination of authority.--
Notwithstanding section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Board and all
authority provided under this subparagraph shall
terminate not later than 12 years after the date
of enactment of the Utilizing Significant
Emissions with Innovative Technologies Act.
``(C) Deep saline formation report.--
``(i) Definition of deep saline formation.--
``(I) In general.--In this
subparagraph, the term `deep saline
formation' means a formation of
subsurface geographically extensive
sedimentary rock layers saturated with
waters or brines that have a high total
dissolved solids content and that are
below the depth where carbon dioxide can
exist in the formation as a
supercritical fluid.
``(II) Clarification.--In this
subparagraph, the term `deep saline
formation' does not include oil and gas
reservoirs.
``(ii) <<NOTE: Consultation. Public
information. Recommenda- tions.>> Report.--In
consultation with the Secretary of Energy, and, as
appropriate, with the head of any other relevant
Federal agency and relevant stakeholders, not
later than 1 year after the date of enactment of
the Utilizing Significant Emissions with
Innovative Technologies Act, the Administrator
shall prepare, submit to Congress, and make
publicly available a report that includes--
``(I) a comprehensive identification
of potential risks and benefits to
project developers associated with
increased storage of carbon dioxide
captured from stationary sources in deep
saline formations, using existing
research;
``(II) recommendations for managing
the potential risks identified under
subclause (I), including potential risks
unique to public land; and
``(III) recommendations for Federal
legislation or other policy changes to
mitigate any potential risks identified
under subclause (I).
``(D) GAO report.--Not later than 5 years after the
date of enactment of the Utilizing Significant Emissions
with Innovative Technologies Act, the Comptroller
General of the United States shall submit to Congress a
report that--
``(i) identifies all Federal grant programs in
which a purpose of a grant under the program is to
perform research on carbon capture and utilization
technologies, including direct air capture
technologies; and
``(ii) examines the extent to which the
Federal grant programs identified pursuant to
clause (i) overlap or are duplicative.''.
(c) Carbon Utilization Program.--
(1) In general.--Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is amended by inserting
after section 968 the following:
__________
---------------------------------------------------------------------------
Note: See Part 2 for pages 134 Stat. 2248 through 134 Stat. 3305.
[[Page 2247]]
CONSOLIDATED APPROPRIATIONS ACT, 2021
__________
* Editorial note: Part 2 contains pages 134 Stat. 2248 through 134
Stat. 3305.
[[Page 134 STAT. 2248]]
``SEC. 969. <<NOTE: 42 USC 16298.>> CARBON UTILIZATION PROGRAM.
``(a) <<NOTE: Consultation.>> In General.--The Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, shall carry out a program of research, development,
demonstration, and commercialization relating to carbon utilization.
``(b) <<NOTE: Assessments.>> Activities.--Under the program
described in subsection (a), the Secretary shall--
``(1) assess and monitor--
``(A) potential changes in lifecycle carbon dioxide
and other greenhouse gas emissions; and
``(B) other environmental safety indicators of new
technologies, practices, processes, or methods used in
enhanced hydrocarbon recovery as part of the activities
authorized under section 963;
``(2) <<NOTE: Evaluation.>> identify and evaluate novel
uses for carbon (including conversion of carbon oxides) that, on
a full lifecycle basis, achieve a permanent reduction, or
avoidance of a net increase, in carbon dioxide in the
atmosphere, for use in commercial and industrial products such
as--
``(A) chemicals;
``(B) plastics;
``(C) building materials;
``(D) fuels;
``(E) cement;
``(F) products of coal utilization in power systems
or in other applications; and
``(G) other products with demonstrated market value;
``(3) identify and assess carbon capture technologies for
industrial systems; and
``(4) identify and assess alternative uses for coal that
result in zero net emissions of carbon dioxide or other
pollutants, including products derived from carbon engineering,
carbon fiber, and coal conversion methods.
``(c) Prioritization.--In supporting demonstration and
commercialization research under the program described in subsection
(a), the Secretary shall prioritize consideration of projects that--
``(1) have access to a carbon dioxide emissions stream
generated by a stationary source in the United States that is
capable of supplying not less than 250 metric tons per day of
carbon dioxide for research;
``(2) have access to equipment for testing small-scale
carbon dioxide utilization technologies, with onsite access to
larger test bays for scale-up; and
``(3) have 1 or more existing partnerships with a National
Laboratory, an institution of higher education, a private
company, or a State or other government entity.
``(d) Coordination.--The Secretary shall coordinate the activities
authorized under this section with the activities authorized in section
969A as part of a single consolidated program of the Department.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000, to
remain available until expended.''.
(2) Study.--
[[Page 134 STAT. 2249]]
(A) <<NOTE: Consultation. Contracts. Assessments.>>
In general.--The Secretary of Energy, in consultation
with the Administrator of the Environmental Protection
Agency, shall seek to enter into an agreement with the
National Academies of Sciences, Engineering, and
Medicine to conduct a study that assesses the barriers
and opportunities relating to the commercial application
of carbon dioxide in the United States.
(B) Contents.--The study under subparagraph (A)
shall--
(i) <<NOTE: Analysis.>> analyze the technical
feasibility, related challenges, and impacts of--
(I) commercializing carbon dioxide;
and
(II) as part of that
commercialization--
(aa) creating a national
system of carbon dioxide
pipelines and geologic
sequestration sites;
(bb) mitigating
environmental and landowner
impacts; and
(cc) regional economic
challenges and regional economic
opportunities;
(ii) identify potential markets, industries,
or sectors that may benefit from greater access to
commercial carbon dioxide;
(iii) assess the current state of
infrastructure and any necessary updates to that
infrastructure to allow for the integration of
safe and reliable carbon dioxide transportation,
utilization, and storage;
(iv)(I) estimate the economic, climate, and
environmental impacts of any well-integrated
national carbon dioxide pipeline system; and
(II) suggest policies that could improve the
economic impact of that system;
(v) assess the global status and progress of
existing chemical and biological carbon
utilization technologies that utilize waste carbon
(including carbon dioxide, carbon monoxide,
methane, and biogas) from power generation,
biofuels production, and other industrial
processes relevant to minimizing net greenhouse
gas emissions;
(vi) identify emerging technologies for and
approaches to carbon utilization that show promise
for scale-up, demonstration, deployment, and
commercialization relevant to minimizing net
greenhouse gas emissions;
(vii) <<NOTE: Analysis.>> analyze the factors
associated with making carbon utilization
technologies relevant to minimizing net greenhouse
gas emissions viable at a commercial scale,
including carbon waste stream availability,
economics, market capacity, and energy and
lifecycle requirements;
(viii)(I) assess the major technical
challenges associated with increasing the
commercial viability of carbon reuse technologies;
and
(II) identify the research and development
questions that will address those challenges;
[[Page 134 STAT. 2250]]
(ix)(I) assess current research efforts,
including engineering and computational research,
that address the challenges described in clause
(viii)(I); and
(II) identify any gaps in the current research
portfolio; and
(x) develop a comprehensive research agenda
that addresses both long- and short-term research
needs and opportunities for carbon capture
utilization and storage technologies relevant to
minimizing net greenhouse gas emissions.
(3) Technical amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
amended by inserting after the item relating to section 968 the
following:
``Sec. 969. Carbon utilization program.''.
(d) Improvement of Permitting Process for Carbon Dioxide Capture and
Infrastructure Projects.--
(1) Inclusion of carbon capture infrastructure projects.--
Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
inserting ``carbon capture,'' after
``manufacturing,'';
(ii) in clause (i)(III), by striking ``or'' at
the end;
(iii) by redesignating clause (ii) as clause
(iii); and
(iv) by inserting after clause (i) the
following:
``(ii) is covered by a programmatic plan or
environmental review developed for the primary
purpose of facilitating development of carbon
dioxide pipelines; or''; and
(B) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture
includes construction of--
``(i) any facility, technology, or system that
captures, utilizes, or sequesters carbon dioxide
emissions, including projects for direct air
capture (as defined in paragraph (6)(B)(i) of
section 103(g) of the Clean Air Act (42 U.S.C.
7403(g)); and
``(ii) carbon dioxide pipelines.''.
(2) <<NOTE: 42 USC 4370m note.>> Development of carbon
capture, utilization, and sequestration report, permitting
guidance, and regional permitting task force.--
(A) Definitions.--In this paragraph:
(i) Carbon capture, utilization, and
sequestration projects.--The term ``carbon
capture, utilization, and sequestration projects''
includes projects for direct air capture (as
defined in paragraph (6)(B)(i) of section 103(g)
of the Clean Air Act (42 U.S.C. 7403(g))).
(ii) Efficient, orderly, and responsible.--The
term ``efficient, orderly, and responsible''
means, with respect to development or the
permitting process for carbon capture,
utilization, and sequestration projects and carbon
dioxide pipelines, a process that promotes
environmental, health, and safety protections
while
[[Page 134 STAT. 2251]]
maintaining a process that is completed in an
expeditious manner.
(B) Report.--
(i) <<NOTE: Consultation.>> In general.--Not
later than 180 days after the date of enactment of
this Act, the Chair of the Council on
Environmental Quality (referred to in this section
as the ``Chair''), in consultation with the
Administrator of the Environmental Protection
Agency, the Secretary of Energy, the Secretary of
the Interior, the Secretary of Transportation, the
Executive Director of the Federal Permitting
Improvement Council, and the head of any other
relevant Federal agency (as determined by the
President), shall prepare a report that--
(I) compiles all existing relevant
Federal permitting and review
information and resources for project
applicants, agencies, and other
stakeholders interested in the
deployment and impact of carbon capture,
utilization, and sequestration projects
and carbon dioxide pipelines,
including--
(aa) the appropriate points
of interaction with Federal
agencies;
(bb) clarification of the
permitting responsibilities and
authorities among Federal
agencies; and
(cc) best practices and
templates for permitting in an
efficient, orderly, and
responsible manner, including
through improved staff capacity
and training at Federal
permitting agencies;
(II) <<NOTE: Inventory.>>
inventories current or emerging
activities that transform captured
carbon dioxide into a product of
commercial value, or as an input to
products of commercial value;
(III) <<NOTE: Inventory.>>
inventories existing initiatives and
recent publications that analyze or
identify priority carbon dioxide
pipelines needed to enable efficient,
orderly, and responsible development of
carbon capture, utilization, and
sequestration projects at increased
scale;
(IV) identifies gaps in the current
Federal regulatory framework for the
deployment of carbon capture,
utilization, and sequestration projects
and carbon dioxide pipelines;
(V) identifies Federal financing
mechanisms available to project
developers; and
(VI) identifies public engagement
opportunities through existing laws,
including under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(ii) Submission; publication.--The Chair
shall--
(I) <<NOTE: Public information.>>
submit the report under clause (i) to
the Committee on Environment and Public
Works of the Senate and the Committee on
Energy and Commerce, the Committee on
Natural Resources, and the Committee on
Transportation and Infrastructure of the
House of Representatives; and
[[Page 134 STAT. 2252]]
(II) as soon as practicable, make
the report publicly available.
(C) Guidance.--
(i) <<NOTE: Deadline.>> In general.--After
submission of the report under subparagraph
(B)(ii), but not later than 1 year after the date
of enactment of this Act, the Chair shall submit
guidance consistent with that report to all
relevant Federal agencies that--
(I) facilitates reviews associated
with the deployment of carbon capture,
utilization, and sequestration projects
and carbon dioxide pipelines; and
(II) supports the efficient,
orderly, and responsible development of
carbon capture, utilization, and
sequestration projects and carbon
dioxide pipelines.
(ii) Requirements.--
(I) In general.--The guidance under
clause (i) shall address applicable
requirements under--
(aa) the National
Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(bb) the Federal Water
Pollution Control Act (33 U.S.C.
1251 et seq.);
(cc) the Clean Air Act (42
U.S.C. 7401 et seq.);
(dd) the Safe Drinking Water
Act (42 U.S.C. 300f et seq.);
(ee) the Endangered Species
Act of 1973 (16 U.S.C. 1531 et
seq.);
(ff) division A of subtitle
III of title 54, United States
Code (formerly known as the
``National Historic Preservation
Act'');
(gg) the Migratory Bird
Treaty Act (16 U.S.C. 703 et
seq.);
(hh) the Act of June 8, 1940
(16 U.S.C. 668 et seq.)
(commonly known as the ``Bald
and Golden Eagle Protection
Act'');
(ii) chapter 601 of title
49, United States Code
(including those provisions
formerly cited as the Natural
Gas Pipeline Safety Act of 1968
(Public Law 90-481; 82 Stat.
720) and the Hazardous Liquid
Pipeline Safety Act of 1979
(Public Law 96-129; 93 Stat.
1003)); and
(jj) any other Federal law
that the Chair determines to be
appropriate.
(II) Environmental reviews.--The
guidance under clause (i) shall include
direction to States and other interested
parties for the development of
programmatic environmental reviews under
the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(III) Public involvement.--The
guidance under clause (i) shall be
subject to the public notice, comment,
and solicitation of information
[[Page 134 STAT. 2253]]
procedures under section 1506.6 of title
40, Code of Federal Regulations (or a
successor regulation).
(iii) Submission; publication.--The Chair
shall--
(I) submit the guidance under clause
(i) to the Committee on Environment and
Public Works of the Senate and the
Committee on Energy and Commerce, the
Committee on Natural Resources, and the
Committee on Transportation and
Infrastructure of the House of
Representatives; and
(II) <<NOTE: Public information.>>
as soon as practicable, make the
guidance publicly available.
(iv) Evaluation.--The Chair shall--
(I) periodically evaluate the
reports of the task forces under
subparagraph (D)(v) and, as necessary,
revise the guidance under clause (i);
and
(II) <<NOTE: Reports. Recommenda-
tions.>> each year, submit to the
Committee on Environment and Public
Works of the Senate, the Committee on
Energy and Commerce, the Committee on
Natural Resources, and the Committee on
Transportation and Infrastructure of the
House of Representatives, and relevant
Federal agencies a report that describes
any recommendations for rules, revisions
to rules, or other policies that would
address the issues identified by the
task forces under subparagraph (D)(v).
(D) Task forces.--
(i) <<NOTE: Deadline.>> Establishment.--Not
later than 18 months after the date of enactment
of this Act, the Chair shall establish not less
than 2 task forces, which shall each cover a
different geographical area with differing
demographic, land use, or geological issues--
(I) to identify permitting and other
challenges and successes that permitting
authorities and project developers and
operators face in permitting projects in
an efficient, orderly, and responsible
manner; and
(II) to improve the performance of
the permitting process and regional
coordination for the purpose of
promoting the efficient, orderly, and
responsible development of carbon
capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(ii) Members and selection.--
(I) In general.--The Chair shall--
(aa) <<NOTE: Criteria.>>
develop criteria for the
selection of members to each
task force; and
(bb) select members for each
task force in accordance with
item (aa) and subclause (II).
(II) Members.--Each task force--
(aa) shall include not less
than 1 representative of each
of--
(AA) the Environmental
Protection Agency;
(BB) the Department of
Energy;
(CC) the Department of
the Interior;
[[Page 134 STAT. 2254]]
(DD) the Pipeline and
Hazardous Materials Safety
Administration;
(EE) any other Federal
agency the Chair determines
to be appropriate;
(FF) any State that
requests participation in
the geographical area
covered by the task force;
(GG) developers or
operators of carbon capture,
utilization, and
sequestration projects or
carbon dioxide pipelines;
and
(HH) nongovernmental
membership organizations,
the primary mission of which
concerns protection of the
environment;
(bb) at the request of a
Tribal or local government, may
include a representative of--
(AA) not less than 1
local government in the
geographical area covered by
the task force; and
(BB) not less than 1
Tribal government in the
geographical area covered by
the task force; and
(cc) shall include 1 expert
in each of the following
fields--
(AA) health and
environmental effects,
including exposure
evaluation; and
(BB) pipeline safety.
(iii) Meetings.--
(I) In general.--Each task force
shall meet not less than twice each
year.
(II) Joint meeting.--To the maximum
extent practicable, the task forces
shall meet collectively not less than
once each year.
(iv) Duties.--Each task force shall--
(I) inventory existing or potential
Federal and State approaches to
facilitate reviews associated with the
deployment of carbon capture,
utilization, and sequestration projects
and carbon dioxide pipelines, including
best practices that--
(aa) avoid duplicative
reviews to the extent permitted
by law;
(bb) engage stakeholders
early in the permitting process;
and
(cc) make the permitting
process efficient, orderly, and
responsible;
(II) develop common models for
State-level carbon dioxide pipeline
regulation and oversight guidelines that
can be shared with States in the
geographical area covered by the task
force;
(III) provide technical assistance
to States in the geographical area
covered by the task force in
implementing regulatory requirements and
any models developed under subclause
(II);
(IV) inventory current or emerging
activities that transform captured
carbon dioxide into a product of
commercial value, or as an input to
products of commercial value;
[[Page 134 STAT. 2255]]
(V) identify any priority carbon
dioxide pipelines needed to enable
efficient, orderly, and responsible
development of carbon capture,
utilization, and sequestration projects
at increased scale;
(VI) identify gaps in the current
Federal and State regulatory framework
and in existing data for the deployment
of carbon capture, utilization, and
sequestration projects and carbon
dioxide pipelines;
(VII) identify Federal and State
financing mechanisms available to
project developers; and
(VIII) develop recommendations for
relevant Federal agencies on how to
develop and research technologies that--
(aa) can capture carbon
dioxide; and
(bb) would be able to be
deployed within the region
covered by the task force,
including any projects that have
received technical or financial
assistance for research under
paragraph (6) of section 103(g)
of the Clean Air Act (42 U.S.C.
7403(g)).
(v) Report.--Each year, each task force shall
prepare and submit to the Chair and to the other
task forces a report that includes--
(I) <<NOTE: Recommenda- tions.>>
any recommendations for improvements in
efficient, orderly, and responsible
issuance or administration of Federal
permits and other Federal authorizations
required under a law described in
subparagraph (C)(ii)(I); and
(II) any other nationally relevant
information that the task force has
collected in carrying out the duties
under clause (iv).
(vi) <<NOTE: Deadline.>> Evaluation.--Not
later than 5 years after the date of enactment of
this Act, the Chair shall--
(I) reevaluate the need for the task
forces; and
(II) <<NOTE: Recommenda- tion.>>
submit to Congress a recommendation as
to whether the task forces should
continue.
SEC. 103. <<NOTE: American Innovation and Manufacturing Act of
2020. 42 USC 7675.>> AMERICAN
INNOVATION AND MANUFACTURING.
(a) Short Title.--This section may be cited as the ``American
Innovation and Manufacturing Act of 2020''.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Allowance.--The term ``allowance'' means a limited
authorization for the production or consumption of a regulated
substance established under subsection (e).
(3) Consumption.--The term ``consumption'', with respect to
a regulated substance, means a quantity equal to the difference
between--
(A) a quantity equal to the sum of--
(i) the quantity of that regulated substance
produced in the United States; and
(ii) the quantity of the regulated substance
imported into the United States; and
[[Page 134 STAT. 2256]]
(B) the quantity of the regulated substance exported
from the United States.
(4) Consumption baseline.--The term ``consumption baseline''
means the baseline established for the consumption of regulated
substances under subsection (e)(1)(C).
(5) Exchange value.--The term ``exchange value'' means the
value assigned to a regulated substance in accordance with
subsections (c) and (e), as applicable.
(6) Import.--The term ``import'' means to land on, bring
into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, regardless of whether that landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(7) Produce.--
(A) In general.--The term ``produce'' means the
manufacture of a regulated substance from a raw material
or feedstock chemical (but not including the destruction
of a regulated substance by a technology approved by the
Administrator).
(B) Exclusions.--The term ``produce'' does not
include--
(i) the manufacture of a regulated substance
that is used and entirely consumed (except for
trace quantities) in the manufacture of another
chemical; or
(ii) the reclamation, reuse, or recycling of a
regulated substance.
(8) Production baseline.--The term ``production baseline''
means the baseline established for the production of regulated
substances under subsection (e)(1)(B).
(9) Reclaim; reclamation.--The terms ``reclaim'' and
``reclamation'' mean--
(A) the reprocessing of a recovered regulated
substance to at least the purity described in standard
700-2016 of the Air-Conditioning, Heating, and
Refrigeration Institute (or an appropriate successor
standard adopted by the Administrator); and
(B) the verification of the purity of that regulated
substance using, at a minimum, the analytical
methodology described in the standard referred to in
subparagraph (A).
(10) Recover.--The term ``recover'' means the process by
which a regulated substance is--
(A) removed, in any condition, from equipment; and
(B) stored in an external container, with or without
testing or processing the regulated substance.
(11) Regulated substance.--The term ``regulated substance''
means--
(A) a substance listed in the table contained in
subsection (c)(1); and
(B) a substance included as a regulated substance by
the Administrator under subsection (c)(3).
(c) Listing of Regulated Substances.--
(1) List of regulated substances.--Each of the following
substances, and any isomers of such a substance, shall be a
regulated substance:
[[Page 134 STAT. 2257]]
----------------------------------------------------------------------------------------------------------------
Exchange
Chemical Name Common Name Value
----------------------------------------------------------------------------------------------------------------
CHF2CHF2 HFC-134 1100
----------------------------------------------------------------------------------------------------------------
CH2FCF3 HFC-134a 1430
----------------------------------------------------------------------------------------------------------------
CH2FCHF2 HFC-143 353
----------------------------------------------------------------------------------------------------------------
CHF2CH2CF3 HFC-245fa 1030
----------------------------------------------------------------------------------------------------------------
CF3CH2CF2CH3 HFC-365mfc 794
----------------------------------------------------------------------------------------------------------------
CF3CHFCF3 HFC-227ea 3220
----------------------------------------------------------------------------------------------------------------
CH2FCF2CF3 HFC-236cb 1340
----------------------------------------------------------------------------------------------------------------
CHF2CHFCF3 HFC-236ea 1370
----------------------------------------------------------------------------------------------------------------
CF3CH2CF3 HFC-236fa 9810
----------------------------------------------------------------------------------------------------------------
CH2FCF2CHF2 HFC-245ca 693
----------------------------------------------------------------------------------------------------------------
CF3CHFCHFCF2CF3 HFC-43-10mee 1640
----------------------------------------------------------------------------------------------------------------
CH2F2 HFC-32 675
----------------------------------------------------------------------------------------------------------------
CHF2CF3 HFC-125 3500
----------------------------------------------------------------------------------------------------------------
CH3CF3 HFC-143a 4470
----------------------------------------------------------------------------------------------------------------
CH3F HFC-41 92
----------------------------------------------------------------------------------------------------------------
CH2FCH2F HFC-152 53
----------------------------------------------------------------------------------------------------------------
CH3CHF2 HFC-152a 124
----------------------------------------------------------------------------------------------------------------
CHF3 HFC-23 14800.
----------------------------------------------------------------------------------------------------------------
(2) Review.--The Administrator may--
(A) review the exchange values listed in the table
contained in paragraph (1) on a periodic basis; and
(B) subject to notice and opportunity for public
comment, adjust the exchange values solely on the basis
of--
(i) the best available science; and
(ii) other information consistent with widely
used or commonly accepted existing exchange
values.
(3) Other regulated substances.--
(A) In general.--Subject to notice and opportunity
for public comment, the Administrator may designate a
substance not included in the table contained in
paragraph (1) as a regulated substance if--
(i) the substance--
(I) is a chemical substance that is
a saturated hydrofluorocarbon; and
(II) has an exchange value, as
determined by the Administrator in
accordance with the basis described in
paragraph (2)(B), of greater than 53;
and
(ii) the designation of the substance as a
regulated substance would be consistent with the
purposes of this section.
[[Page 134 STAT. 2258]]
(B) Savings provision.--
(i) In general.--Nothing in this paragraph
authorizes the Administrator to designate as a
regulated substance a blend of substances that
includes a saturated hydrofluorocarbon for
purposes of phasing down production or consumption
of regulated substances under subsection (e), even
if the saturated hydrofluorocarbon is, or may be,
designated as a regulated substance.
(ii) Authority of administrator.--Clause (i)
does not affect the authority of the Administrator
to regulate under this Act a regulated substance
within a blend of substances.
(d) Monitoring and Reporting Requirements.--
(1) Production, import, and export level reports.--
(A) <<NOTE: Determination.>> In general.--On a
periodic basis, to be determined by the Administrator,
but not less frequently than annually, each person who,
within the applicable reporting period, produces,
imports, exports, destroys, transforms, uses as a
process agent, or reclaims a regulated substance shall
submit to the Administrator a report that describes, as
applicable, the quantity of the regulated substance that
the person--
(i) produced, imported, and exported;
(ii) reclaimed;
(iii) destroyed by a technology approved by
the Administrator;
(iv) used and entirely consumed (except for
trace quantities) in the manufacture of another
chemical; or
(v) used as a process agent.
(B) Requirements.--
(i) Signed and attested.--The report under
subparagraph (A) shall be signed and attested by a
responsible officer (within the meaning of the
Clean Air Act (42 U.S.C. 7401 et seq.)).
(ii) No further reports required.--A report
under subparagraph (A) shall not be required from
a person if the person--
(I) permanently ceases production,
importation, exportation, destruction,
transformation, use as a process agent,
or reclamation of all regulated
substances; and
(II) <<NOTE: Notification.>>
notifies the Administrator in writing
that the requirement under subclause (I)
has been met.
(iii) Baseline period.--Each report under
subparagraph (A) shall include, as applicable, the
information described in that subparagraph for the
baseline period of calendar years 2011 through
2013.
(2) Coordination.--The Administrator may allow any person
subject to the requirements of paragraph (1)(A) to combine and
include the information required to be reported under that
paragraph with any other related information that the person is
required to report to the Administrator.
(e) Phase-down of Production and Consumption of Regulated
Substances.--
(1) Baselines.--
[[Page 134 STAT. 2259]]
(A) In general.--Subject to subparagraph (D), the
Administrator shall establish for the phase-down of
regulated substances--
(i) a production baseline for the production
of all regulated substances in the United States,
as described in subparagraph (B); and
(ii) a consumption baseline for the
consumption of all regulated substances in the
United States, as described in subparagraph (C).
(B) Production baseline described.--The production
baseline referred to in subparagraph (A)(i) is the
quantity equal to the sum of--
(i) <<NOTE: Time period.>> the average annual
quantity of all regulated substances produced in
the United States during the period--
(I) beginning on January 1, 2011;
and
(II) ending on December 31, 2013;
and
(ii) the quantity equal to the sum of--
(I) 15 percent of the production
level of hydrochlorofluorocarbons in
calendar year 1989; and
(II) 0.42 percent of the production
level of chlorofluorocarbons in calendar
year 1989.
(C) Consumption baseline described.--The consumption
baseline referred to in subparagraph (A)(ii) is the
quantity equal to the sum of--
(i) <<NOTE: Time period.>> the average annual
quantity of all regulated substances consumed in
the United States during the period--
(I) beginning on January 1, 2011;
and
(II) ending on December 31, 2013;
and
(ii) the quantity equal to the sum of--
(I) 15 percent of the consumption
level of hydrochlorofluorocarbons in
calendar year 1989; and
(II) 0.42 percent of the consumption
level of chlorofluorocarbons in calendar
year 1989.
(D) Exchange values.--
(i) In general.--For purposes of establishing
the baselines pursuant to subparagraphs (B) and
(C), the Administrator shall use the exchange
values listed in the table contained in subsection
(c)(1) for regulated substances and the following
exchange values for hydrochlorofluorocarbons and
chlorofluorocarbons:
----------------------------------------------------------------------------------------------------------------
Table 2
-----------------------------------------------------------------------------------------------------------------
Exchange
Chemical Name Common Name Value
----------------------------------------------------------------------------------------------------------------
CHFC12 HCFC-21 151
----------------------------------------------------------------------------------------------------------------
CHF2C1 HCFC-22 1810
----------------------------------------------------------------------------------------------------------------
C2HF3C12 HCFC-123 77
----------------------------------------------------------------------------------------------------------------
C2HF4C1 HCFC-124 609
----------------------------------------------------------------------------------------------------------------
[[Page 134 STAT. 2260]]
CH3CFC12 HCFC-141b 725
----------------------------------------------------------------------------------------------------------------
CH3CF2C1 HCFC-142b 2310
----------------------------------------------------------------------------------------------------------------
CF3CF2CHC12 HCFC-225ca 122
----------------------------------------------------------------------------------------------------------------
CF2C1CF2CHC1F HCFC-225cb 595
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Table 3
-----------------------------------------------------------------------------------------------------------------
Exchange
Chemical Name Common Name Value
----------------------------------------------------------------------------------------------------------------
CFC13 CFC-11 4750
----------------------------------------------------------------------------------------------------------------
CF2C12 CFC-12 10900
----------------------------------------------------------------------------------------------------------------
C2F3C13 CFC-113 6130
----------------------------------------------------------------------------------------------------------------
C2F4C12 CFC-114 10000
----------------------------------------------------------------------------------------------------------------
C2F5C1 CFC-115 7370
----------------------------------------------------------------------------------------------------------------
(ii) Review.--The Administrator may--
(I) review the exchange values
listed in the tables contained in clause
(i) on a periodic basis; and
(II) subject to notice and
opportunity for public comment, adjust
the exchange values solely on the basis
of--
(aa) the best available
science; and
(bb) other information
consistent with widely used or
commonly accepted existing
exchange values.
(2) Production and consumption phase-down.--
(A) <<NOTE: Time period.>> In general.--During the
period beginning on January 1 of each year listed in the
table contained in subparagraph (C) and ending on
December 31 of the year before the next year listed on
that table, except as otherwise permitted under this
section, no person shall--
(i) produce a quantity of a regulated
substance without a corresponding quantity of
production allowances, except as provided in
paragraph (5);
(ii) consume a quantity of a regulated
substance without a corresponding quantity of
consumption allowances; or
(iii) hold, use, or transfer any production
allowance or consumption allowance allocated under
this section except in accordance with regulations
promulgated by the Administrator pursuant to
subsection (g).
(B) Compliance.--For each year listed on the table
contained in subparagraph (C), the Administrator shall
ensure that the annual quantity of all regulated
substances
[[Page 134 STAT. 2261]]
produced or consumed in the United States does not
exceed the product obtained by multiplying--
(i) the production baseline or consumption
baseline, as applicable; and
(ii) the applicable percentage listed on the
table contained in subparagraph (C).
(C) <<NOTE: Effective date. Applicability.>>
Relation to baseline.--On January 1 of each year listed
in the following table, the Administrator shall apply
the applicable percentage, as described in subparagraph
(A):
----------------------------------------------------------------------------------------------------------------
Percentage of Production Base- Percentage of Consumption
Date line Baseline
----------------------------------------------------------------------------------------------------------------
2020-2023 90 percent 90 percent
----------------------------------------------------------------------------------------------------------------
2024-2028 60 percent 60 percent
----------------------------------------------------------------------------------------------------------------
2029-2033 30 percent 30 percent
----------------------------------------------------------------------------------------------------------------
2034-2035 20 percent 20 percent
----------------------------------------------------------------------------------------------------------------
2036 and thereafter 15 percent 15 percent
----------------------------------------------------------------------------------------------------------------
(D) Allowances.--
(i) <<NOTE: Deadline. Determination.>>
Quantity.--Not later than October 1 of each
calendar year, the Administrator shall use the
quantity calculated under subparagraph (B) to
determine the quantity of allowances for the
production and consumption of regulated substances
that may be used for the following calendar year.
(ii) Nature of allowances.--
(I) In general.--An allowance
allocated under this section--
(aa) does not constitute a
property right; and
(bb) is a limited
authorization for the production
or consumption of a regulated
substance under this section.
(II) Savings provision.--Nothing in
this section or in any other provision
of law limits the authority of the
United States to terminate or limit an
authorization described in subclause
(I)(bb).
(3) Regulations regarding production and consumption of
regulated substances.-- <<NOTE: Deadline. Public comment.>> Not
later than 270 days after the date of enactment of this Act,
which shall include a period of notice and opportunity for
public comment, the Administrator shall issue a final rule--
(A) phasing down the production of regulated
substances in the United States through an allowance
allocation and trading program in accordance with this
section; and
(B) phasing down the consumption of regulated
substances in the United States through an allowance
allocation and trading program in accordance with the
schedule
[[Page 134 STAT. 2262]]
under paragraph (2)(C) (subject to the same exceptions
and other requirements as are applicable to the phase-
down of production of regulated substances under this
section).
(4) Exceptions; essential uses.--
(A) Feedstocks and process agents.--Except for the
reporting requirements described in subsection (d)(1),
this section does not apply to--
(i) a regulated substance that is used and
entirely consumed (except for trace quantities) in
the manufacture of another chemical; or
(ii) a regulated substance that is used and
not entirely consumed in the manufacture of
another chemical, if the remaining amounts of the
regulated substance are subsequently destroyed.
(B) Essential uses.--
(i) <<NOTE: Effective date. Allocation. Time
period.>> In general.--Beginning on the date of
enactment of this Act and subject to paragraphs
(2) and (3) and clauses (ii) and (iii), the
Administrator may, by rule, after considering
technical achievability, commercial demands,
affordability for residential and small business
consumers, safety, and other relevant factors,
including overall economic costs and environmental
impacts compared to historical trends, allocate a
quantity of allowances for a period of not more
than 5 years for the production and consumption of
a regulated substance exclusively for the use of
the regulated substance in an application, if--
(I) no safe or technically
achievable substitute will be available
during the applicable period for that
application; and
(II) the supply of the regulated
substance that manufacturers or users of
the regulated substance for that
application are capable of securing from
chemical manufacturers, as authorized
under paragraph (2)(A), including any
quantities of a regulated substance
available from production or import, is
insufficient to accommodate the
application.
(ii) Petition.--If the Administrator receives
a petition requesting the designation of an
application as an essential use under clause (i),
the Administrator shall--
(I) <<NOTE: Deadline. Public
information.>> not later than 180 days
after the date on which the
Administrator receives the petition--
(aa) make the complete
petition available to the
public; and
(bb) <<NOTE: Public
comment.>> when making the
petition available to the public
under item (aa), propose and
seek public comment on--
(AA) a determination of
whether to designate the
application as an essential
use; and
(BB) if the
Administrator proposes to
designate the application as
an essential use, making the
requisite allocation of
allowances; and
[[Page 134 STAT. 2263]]
(II) <<NOTE: Deadline.>> not later
than 270 days after the date on which
the Administrator receives the petition,
take final action on the petition.
(iii) Limitation.--A person receiving an
allocation under clause (i) or (iv) or as a result
of a petition granted under clause (ii) may not
produce or consume a produced quantity of
regulated substances that, considering the
respective exchange values of the regulated
substances, exceeds the number of allowances
issued under paragraphs (2) and (3) that are held
by that person.
(iv) Mandatory allocations.--
(I) <<NOTE: Time period. Effective
date.>> In general.--Notwithstanding
clause (i) and subject to clause (iii)
and paragraphs (2) and (3), for the 5-
year period beginning on the date of
enactment of this Act, the Administrator
shall allocate the full quantity of
allowances necessary, based on
projected, current, and historical
trends, for the production or
consumption of a regulated substance for
the exclusive use of the regulated
substance in an application solely for--
(aa) a propellant in
metered-dose inhalers;
(bb) defense sprays;
(cc) structural composite
preformed polyurethane foam for
marine use and trailer use;
(dd) the etching of
semiconductor material or wafers
and the cleaning of chemical
vapor deposition chambers within
the semiconductor manufacturing
sector;
(ee) mission-critical
military end uses, such as
armored vehicle engine and
shipboard fire suppression
systems and systems used in
deployable and expeditionary
applications; and
(ff) onboard aerospace fire
suppression.
(II) <<NOTE: Determination.>>
Requirement.--The allocation of
allowances under subclause (I) shall be
determined through a rulemaking.
(v) <<NOTE: Time periods.>> Review.--
(I) In general.--For each essential
use application receiving an allocation
of allowances under clause (i) or (iv),
the Administrator shall review the
availability of substitutes, including
any quantities of the regulated
substance available from reclaiming or
prior production, not less frequently
than once every 5 years.
(II) <<NOTE: Determination.>>
Extension.--If, pursuant to a review
under subclause (I), the Administrator
determines, subject to notice and
opportunity for public comment, that the
requirements described in subclauses (I)
and (II) of clause (i) are met, the
Administrator shall authorize the
production or consumption, as
applicable, of any regulated substance
used in the application for renewable
periods of not more than 5 years for
exclusive use in the application.
(5) Domestic manufacturing.--Notwithstanding paragraph
(2)(A)(i), the Administrator may, by rule, authorize a
[[Page 134 STAT. 2264]]
person to produce a regulated substance in excess of the number
of production allowances held by that person, subject to the
conditions that--
(A) the authorization is--
(i) <<NOTE: Time period.>> for a renewable
period of not more than 5 years; and
(ii) subject to notice and opportunity for
public comment; and
(B) the production--
(i) is at a facility located in the United
States;
(ii) is solely for export to, and use in, a
foreign country that is not subject to the
prohibition in subsection (j)(1); and
(iii) would not violate paragraph (2)(B).
(f) Accelerated Schedule.--
(1) <<NOTE: Regulations.>> In general.--Subject to
paragraph (4), the Administrator may, only in response to a
petition submitted to the Administrator in accordance with
paragraph (3) and after notice and opportunity for public
comment, promulgate regulations that establish a schedule for
phasing down the production or consumption of regulated
substances that is more stringent than the production and
consumption levels of regulated substances required under
subsection (e)(2)(C).
(2) Requirements.--Any regulations promulgated under this
subsection--
(A) shall--
(i) <<NOTE: Applicability.>> apply uniformly
to the allocation of production and consumption
allowances for regulated substances, in accordance
with subsection (e)(3);
(ii) ensure that there will be sufficient
quantities of regulated substances, including
substances available from reclaiming, prior
production, or prior import, to meet the needs
for--
(I) applications that receive an
allocation under clause (i) of
subsection (e)(4)(B); and
(II) all applications that receive a
mandatory allocation under items (aa)
through (ff) of clause (iv)(I) of that
subsection; and
(iii) foster continued reclamation of and
transition from regulated substances; and
(B) <<NOTE: Determination.>> shall not set the
level of production allowances or consumption allowances
below the percentage of the consumption baseline that is
actually consumed during the calendar year prior to the
year during which the Administrator makes a final
determination with respect to the applicable proposal
described in paragraph (3)(C)(iii)(I).
(3) Petition.--
(A) In general.--A person may petition the
Administrator to promulgate regulations for an
accelerated schedule for the phase-down of production or
consumption of regulated substances under paragraph (1).
(B) Requirement.--A petition submitted under
subparagraph (A) shall--
(i) be made at such time, in such manner, and
containing such information as the Administrator
shall require; and
[[Page 134 STAT. 2265]]
(ii) include a showing by the petitioner that
there are data to support the petition.
(C) Timelines.--
(i) <<NOTE: Deadlines.>> In general.--If the
Administrator receives a petition under
subparagraph (A), the Administrator shall--
(I) not later than 180 days after
the date on which the Administrator
receives the petition--
(aa) <<NOTE: Public
information.>> make the
complete petition available to
the public; and
(bb) <<NOTE: Public
comment.>> when making the
petition available to the public
under item (aa), propose and
seek public comment on the
proposal of the Administrator to
grant or deny the petition; and
(II) not later than 270 days after
the date on which the Administrator
receives the petition, take final action
on the petition.
(ii) Factors for determination.--In making a
determination to grant or deny a petition
submitted under subparagraph (A), the
Administrator shall, to the extent practicable,
factor in--
(I) the best available data;
(II) the availability of substitutes
for uses of the regulated substance that
is the subject of the petition, taking
into account technological
achievability, commercial demands,
affordability for residential and small
business consumers, safety, consumer
costs, building codes, appliance
efficiency standards, contractor
training costs, and other relevant
factors, including the quantities of
regulated substances available from
reclaiming, prior production, or prior
import;
(III) overall economic costs and
environmental impacts, as compared to
historical trends; and
(IV) the remaining phase-down period
for regulated substances under the final
rule issued under subsection (e)(3), if
applicable.
(iii) <<NOTE: Determination.>> Regulations.--
After receiving public comment with respect to the
proposal under clause (i)(I)(bb), if the
Administrator makes a final determination to grant
a petition under subparagraph (A), the final
regulations with respect to the petition shall--
(I) <<NOTE: Deadline.>> be
promulgated by not later than 1 year
after the date on which the
Administrator makes the proposal to
grant the petition under that clause;
and
(II) meet the requirements of
paragraph (2).
(D) Publication.--When the Administrator makes a
final determination to grant or deny a petition under
subparagraph (A), the Administrator shall publish a
description of the reasons for that grant or denial,
including a description of the information considered
under subclauses (I) through (IV) of subparagraph
(C)(ii).
(E) <<NOTE: Determination.>> Insufficient
information.--If the Administrator determines that the
data included under subparagraph
[[Page 134 STAT. 2266]]
(B)(ii) in a petition are not sufficient to make a
determination under this paragraph, the Administrator
shall use any authority available to the Administrator
to acquire the necessary data.
(4) Date of effectiveness.--The Administrator may not
promulgate under paragraph (1) a regulation for the production
or consumption of regulated substances that is more stringent
than the production or consumption levels required under
subsection (e)(2)(C) that takes effect before January 1, 2025.
(5) Review.--
(A) <<NOTE: Deadlines. Time period.>> In general.--
The Administrator shall review the availability of
substitutes for regulated substances subject to an
accelerated schedule established under paragraph (1) in
each sector and subsector in which the regulated
substance is used, taking into account technological
achievability, commercial demands, safety, and other
relevant factors, including the quantities of regulated
substances available from reclaiming, prior production,
or prior import, by January 1, 2026 (for the first
review), by January 1, 2031 (for the second review), and
at least once every 5 years thereafter.
(B) Public availability.--The Administrator shall
make the results of a review conducted under
subparagraph (A) publicly available.
(6) Savings provision.--Nothing in this subsection
authorizes the Administrator to promulgate regulations pursuant
to this subsection that establish a schedule for phasing down
the production or consumption of regulated substances that is
less stringent than the production and consumption levels of
regulated substances required under subsection (e)(2)(C).
(g) Exchange Authority.--
(1) <<NOTE: Deadline. Public comment. Regulations.>>
Transfers.--Not later than 270 days after the date of enactment
of this Act, which shall include a period of notice and
opportunity for public comment, the Administrator shall
promulgate a final regulation that governs the transfer of
allowances for the production of regulated substances under
subsection (e)(3)(A) that uses--
(A) the applicable exchange values described in the
table contained in subsection (c)(1); or
(B) the exchange value described in the rule
designating the substance as a regulated substance under
subsection (c)(3).
(2) Requirements.--The final rule promulgated pursuant to
paragraph (1) shall--
(A) ensure that the transfers under this subsection
will result in greater total reductions in the
production of regulated substances in each year than
would occur during the year in the absence of the
transfers;
(B) permit 2 or more persons to transfer production
allowances if the transferor of the allowances will be
subject, under the final rule, to an enforceable and
quantifiable reduction in annual production that--
(i) exceeds the reduction otherwise applicable
to the transferor under this section;
(ii) exceeds the quantity of production
represented by the production allowances
transferred to the transferee; and
[[Page 134 STAT. 2267]]
(iii) would not have occurred in the absence
of the transaction; and
(C) provide for the trading of consumption
allowances in the same manner as is applicable under
this subsection to the trading of production allowances.
(h) Management of Regulated Substances.--
(1) <<NOTE: Regulations. Determination.>> In general.--For
purposes of maximizing reclaiming and minimizing the release of
a regulated substance from equipment and ensuring the safety of
technicians and consumers, the Administrator shall promulgate
regulations to control, where appropriate, any practice,
process, or activity regarding the servicing, repair, disposal,
or installation of equipment (including requiring, where
appropriate, that any such servicing, repair, disposal, or
installation be performed by a trained technician meeting
minimum standards, as determined by the Administrator) that
involves--
(A) a regulated substance;
(B) a substitute for a regulated substance;
(C) the reclaiming of a regulated substance used as
a refrigerant; or
(D) the reclaiming of a substitute for a regulated
substance used as a refrigerant.
(2) Reclaiming.--
(A) In general.--In carrying out this section, the
Administrator shall consider the use of authority
available to the Administrator under this section to
increase opportunities for the reclaiming of regulated
substances used as refrigerants.
(B) Recovery.--A regulated substance used as a
refrigerant that is recovered shall be reclaimed before
the regulated substance is sold or transferred to a new
owner, except where the recovered regulated substance is
sold or transferred to a new owner solely for the
purposes of being reclaimed or destroyed.
(3) Coordination.--In promulgating regulations to carry out
this subsection, the Administrator may coordinate those
regulations with any other regulations promulgated by the
Administrator that involve--
(A) the same or a similar practice, process, or
activity regarding the servicing, repair, disposal, or
installation of equipment; or
(B) reclaiming.
(4) Inapplicability.--No regulation promulgated pursuant to
this subsection shall apply to a regulated substance or a
substitute for a regulated substance that is contained in a
foam.
(5) Small business grants.--
(A) Definition of small business concern.--In this
paragraph, the term ``small business concern'' has the
same meaning as in section 3 of the Small Business Act
(15 U.S.C. 632).
(B) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a
grant program to award grants to small business concerns
for the purchase of new specialized equipment for the
recycling, recovery, or reclamation of a substitute for
a regulated substance, including the purchase of
approved refrigerant
[[Page 134 STAT. 2268]]
recycling equipment (as defined in section 609(b) of the
Clean Air Act (42 U.S.C. 7671h(b))) for recycling,
recovery, or reclamation in the service or repair of
motor vehicle air conditioning systems.
(C) Matching funds.--The non-Federal share of a
project carried out with a grant under this paragraph
shall be not less than 25 percent.
(D) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $5,000,000 for each of fiscal years 2021
through 2023.
(i) Technology Transitions.--
(1) Authority.--Subject to the provisions of this
subsection, the Administrator may by rule restrict, fully,
partially, or on a graduated schedule, the use of a regulated
substance in the sector or subsector in which the regulated
substance is used.
(2) Negotiated rulemaking.--
(A) Consideration required.--Before proposing a rule
for the use of a regulated substance for a sector or
subsector under paragraph (1), the Administrator shall
consider negotiating with stakeholders in the sector or
subsector subject to the potential rule in accordance
with the negotiated rulemaking procedure provided for
under subchapter III of chapter 5 of title 5, United
States Code (commonly known as the ``Negotiated
Rulemaking Act of 1990'').
(B) Negotiated rulemakings.--If the Administrator
negotiates a rulemaking with stakeholders using the
procedure described in subparagraph (A), the
Administrator shall, to the extent practicable, give
priority to completing that rulemaking over completing
rulemakings under this subsection that were not
negotiated using that procedure.
(C) <<NOTE: Publication.>> No negotiated
rulemaking.--If the Administrator does not negotiate a
rulemaking with stakeholders using the procedure
described in subparagraph (A), the Administrator shall,
before commencement of the rulemaking process for a rule
under paragraph (1), publish an explanation of the
decision of the Administrator to not use that procedure.
(3) Petitions.--
(A) In general.--A person may petition the
Administrator to promulgate a rule under paragraph (1)
for the restriction on use of a regulated substance in a
sector or subsector, which shall include a request that
the Administrator negotiate with stakeholders in
accordance with paragraph (2)(A).
(B) <<NOTE: Deadline.>> Response.--The
Administrator shall grant or deny a petition under
subparagraph (A) not later than 180 days after the date
of receipt of the petition.
(C) Requirements.--
(i) <<NOTE: Federal Register, publication.>>
Explanation.--If the Administrator denies a
petition under subparagraph (B), the Administrator
shall publish in the Federal Register an
explanation of the denial.
(ii) <<NOTE: Deadline.>> Final rule.--If the
Administrator grants a petition under subparagraph
(B), the Administrator shall promulgate a final
rule not later than 2 years
[[Page 134 STAT. 2269]]
after the date on which the Administrator grants
the petition.
(iii) <<NOTE: Deadline. Public information.>>
Publication of petitions.--Not later than 30 days
after the date on which the Administrator receives
a petition under subparagraph (A), the
Administrator shall make that petition available
to the public in full.
(4) Factors for determination.--In carrying out a rulemaking
using the procedure described in paragraph (2) or making a
determination to grant or deny a petition submitted under
paragraph (3), the Administrator shall, to the extent
practicable, factor in--
(A) the best available data;
(B) the availability of substitutes for use of the
regulated substance that is the subject of the
rulemaking or petition, as applicable, in a sector or
subsector, taking into account technological
achievability, commercial demands, affordability for
residential and small business consumers, safety,
consumer costs , building codes, appliance efficiency
standards, contractor training costs, and other relevant
factors, including the quantities of regulated
substances available from reclaiming, prior production,
or prior import;
(C) overall economic costs and environmental
impacts, as compared to historical trends; and
(D) the remaining phase-down period for regulated
substances under the final rule issued under subsection
(e)(3), if applicable.
(5) Evaluation.--In carrying out this subsection, the
Administrator shall--
(A) evaluate substitutes for regulated substances in
a sector or subsector, taking into account technological
achievability, commercial demands, safety, overall
economic costs and environmental impacts, and other
relevant factors; and
(B) <<NOTE: Public information.>> make the
evaluation under subparagraph (A) available to the
public, including the factors associated with the safety
of those substitutes.
(6) Effective date of rules.--No rule under this subsection
may take effect before the date that is 1 year after the date on
which the Administrator promulgates the applicable rule under
this subsection.
(7) Applicability.--
(A) Definition of retrofit.--In this paragraph, the
term ``retrofit'' means to upgrade existing equipment
where the regulated substance is changed, which--
(i) includes the conversion of equipment to
achieve system compatibility; and
(ii) may include changes in lubricants,
gaskets, filters, driers, valves, o-rings, or
equipment components for that purpose.
(B) Applicability of rules.--A rule promulgated
under this subsection shall not apply to--
(i) an essential use under clause (i) or (iv)
of subsection (e)(4)(B), including any use for
which the production or consumption of the
regulated substance is extended under clause
(v)(II) of that subsection; or
[[Page 134 STAT. 2270]]
(ii) except for a retrofit application,
equipment in existence in a sector or subsector
before the date of enactment of this Act.
(j) International Cooperation.--
(1) <<NOTE: Deadline. Determination.>> In general.--Subject
to paragraph (2), no person subject to the requirements of this
section shall trade or transfer a production allowance or, after
January 1, 2033, export a regulated substance to a person in a
foreign country that, as determined by the Administrator, has
not enacted or otherwise established within a reasonable
timeframe after the date of enactment of this Act the same or
similar requirements or otherwise undertaken commitments
regarding the production and consumption of regulated substances
as are contained in this section.
(2) Transfers.--Pursuant to paragraph (1), a person in the
United States may engage in a trade or transfer of a production
allowance--
(A) to a person in a foreign country if, at the time
of the transfer, the Administrator revises the number of
allowances for production under subsection (e)(2), as
applicable, for the United States such that the
aggregate national production of the regulated substance
to be traded under the revised production limits is
equal to the least of--
(i) the maximum production level permitted for
the applicable regulated substance in the year of
the transfer under this section, less the
production allowances transferred;
(ii) the maximum production level permitted
for the applicable regulated substances in the
transfer year under applicable law, less the
production allowances transferred; and
(iii) <<NOTE: Time period.>> the average of
the actual national production level of the
applicable regulated substances for the 3-year
period ending on the date of the transfer, less
the production allowances transferred; or
(B) from a person in a foreign country if, at the
time of the trade or transfer, the Administrator finds
that the foreign country has revised the domestic
production limits of the regulated substance in the same
manner as provided with respect to transfers by a person
in United States under this subsection.
(3) Effect of transfers on production limits.--The
Administrator may--
(A) reduce the production limits established under
subsection (e)(2)(B) as required as a prerequisite to a
transfer described in paragraph (2)(A); or
(B) increase the production limits established under
subsection (e)(2)(B) to reflect production allowances
acquired under a trade or transfer described in
paragraph (2)(B).
(4) Regulations.--The Administrator shall--
(A) <<NOTE: Deadline.>> not later than 1 year after
the date of enactment of this Act, promulgate a final
rule to carry out this subsection; and
[[Page 134 STAT. 2271]]
(B) <<NOTE: Time period. Review.>> not less
frequently than annually, review and, if necessary,
revise the final rule promulgated pursuant to
subparagraph (A).
(k) Relationship to Other Law.--
(1) Implementation.--
(A) Rulemakings.--The Administrator may promulgate
such regulations as are necessary to carry out the
functions of the Administrator under this section.
(B) <<NOTE: Determination.>> Delegation.--The
Administrator may delegate to any officer or employee of
the Environmental Protection Agency such of the powers
and duties of the Administrator under this section as
the Administrator determines to be appropriate.
(C) <<NOTE: Applicability.>> Clean air act.--
Sections 113, 114, 304, and 307 of the Clean Air Act (42
U.S.C. 7413, 7414, 7604, 7607) shall apply to this
section and any rule, rulemaking, or regulation
promulgated by the Administrator pursuant to this
section as though this section were expressly included
in title VI of that Act (42 U.S.C. 7671 et seq.).
(2) Preemption.--
(A) <<NOTE: Time period. Effective date.>> In
general.--Subject to subparagraph (B), during the 5-year
period beginning on the date of enactment of this Act,
and with respect to an exclusive use for which a
mandatory allocation of allowances is provided under
subsection (e)(4)(B)(iv)(I), no State or political
subdivision of a State may enforce a statute or
administrative action restricting the management or use
of a regulated substance within that exclusive use.
(B) Extension.--
(i) In general.--Subject to clause (ii), if,
pursuant to subclause (I) of subsection
(e)(4)(B)(v), the Administrator authorizes an
additional period under subclause (II) of that
subsection for the production or consumption of a
regulated substance for an exclusive use described
in subparagraph (A), no State or political
subdivision of a State may enforce a statute or
administrative action restricting the management
or use of the regulated substance within that
exclusive use for the duration of that additional
period.
(ii) <<NOTE: Applicability. Time period.>>
Limitation.--The period for which the limitation
under clause (i) applies shall not exceed 5 years
from the date on which the period described in
subparagraph (A) ends.
[[Page 134 STAT. 2272]]
DIVISION T--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT AND NATIONAL
MUSEUM OF THE AMERICAN LATINO
TITLE <<NOTE: Smithsonian American Women's History Museum Act.>> I--
SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT
SEC. 101. <<NOTE: 20 USC 80t note.>> SHORT TITLE.
This title may be cited as the ``Smithsonian American Women's
History Museum Act''.
SEC. 102. <<NOTE: 20 USC 80t.>> FINDINGS.
Congress finds the following:
(1) Since its founding, the United States has greatly
benefitted from the contributions of women.
(2) Historical accounts, monuments, memorials, and museums
disproportionately represent men's achievements and
contributions and often neglect those of women. For example--
(A) a study of 18 United States history textbooks
concluded that 10 percent of the material documented
contributions of women;
(B) 9 statues out of 91 in the United States
Capitol's National Statuary Hall depict women; and
(C) only one of the 44 monuments operated by the
National Park Service specifically honors the
achievements of women after the 2016 designation of the
Belmont-Paul Women's Equality National Monument.
(3) There exists no national museum in the United States
that is devoted to the documentation of women's contributions
throughout the Nation's history.
(4) On December 19, 2014, Congress created a Congressional
Commission to study the potential for an American museum of
women's history. The bipartisan Commission unanimously concluded
that the United States needs and deserves a physical national
museum dedicated to showcasing the historical experiences and
impact of women in the United States.
(5) A comprehensive women's history museum would document
the full spectrum of the experiences of women in the United
States, represent a diverse range of viewpoints, experiences,
and backgrounds, more accurately depict the history of the
United States, and add value to the Smithsonian Institution.
(6) The collections, exhibits, historical narrative
materials, and museum programming of the women's history museum
should be inclusive, comprehensive, and innovative. Such
collections, exhibits, materials, and programming should present
the diverse range of experiences and viewpoints of all women in
the United States, reflecting upon the things that set women
apart from one another while also highlighting the experiences
that many of these women share.
[[Page 134 STAT. 2273]]
SEC. 103. <<NOTE: 20 USC 80t-1.>> ESTABLISHMENT OF MUSEUM.
(a) <<NOTE: Consultation.>> Establishment.--There is established
within the Smithsonian Institution a comprehensive women's history
museum, to be named by the Board of Regents in consultation with the
council established under section 104 (referred to in this Act as the
``Museum'').
(b) Purpose.--The purpose of the Museum established under this
section shall be to provide for--
(1) the collection and study of, and the establishment of
programs relating to, women's contributions to various fields
and throughout different periods of history that have influenced
the direction of the United States;
(2) collaboration with other Smithsonian Institution museums
and facilities, outside museums, and educational institutions;
and
(3) the creation of exhibitions and programs that recognize
diverse perspectives on women's history and contributions.
SEC. 104. <<NOTE: 20 USC 80t-2.>> COUNCIL.
(a) Establishment.--There is established within the Smithsonian
Institution a council to carry out the duties set forth under subsection
(b) and other provisions of this Act (referred to in this section as the
``Council'').
(b) Duties.--
(1) In general.--The Council established under this section
shall--
(A) make recommendations to the Board of Regents
concerning the planning, design, and construction of the
Museum;
(B) advise and assist the Board of Regents on all
matters relating to the administration, operation,
maintenance, and preservation of the Museum;
(C) recommend annual operating budgets for the
Museum to the Board of Regents;
(D) report annually to the Board of Regents on the
acquisition, disposition, and display of objects
relating to women's art, history, and culture; and
(E) adopt bylaws for the operation of the Council.
(2) Principal responsibilities.--The Council, subject to the
general policies of the Board of Regents, shall have sole
authority to--
(A) purchase, accept, borrow, and otherwise acquire
artifacts for addition to the collections of the Museum;
(B) loan, exchange, sell, and otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by that disposition are used for
additions to the collections of the Museum; or
(C) specify criteria with respect to the use of the
collections and resources of the Museum, including
policies on programming, education, exhibitions, and
research with respect to--
(i) the life, art, history, and culture of
women;
(ii) the role of women in the history of the
United States; and
(iii) the contributions of women to society.
(3) Other responsibilities.--The Council, subject to the
general policies of the Board of Regents, shall have authority--
[[Page 134 STAT. 2274]]
(A) to provide for preservation, restoration, and
maintenance of the collections of the Museum; and
(B) to solicit, accept, use, and dispose of gifts,
bequests, and devises of personal property for the
purpose of aiding and facilitating the work of the
Museum.
(4) Ensuring diversity of political viewpoints in exhibits
and programs.--In carrying out its duties, the Council shall
ensure that the exhibits and programs of the Museum reflect, to
the extent practicable, an equal representation of the diversity
of the political viewpoints held by women of the United States
on the events and issues relating to the history of women in the
United States.
(c) Composition and Appointment.--
(1) In general.--The Council shall be composed of 25 voting
members as provided under paragraph (2).
(2) Voting members.--The Council shall include the following
voting members:
(A) One member appointed by the majority leader of
the Senate.
(B) One member appointed by the minority leader of
the Senate.
(C) One member appointed by the Speaker of the House
of Representatives.
(D) One member appointed by the minority leader of
the House of Representatives.
(E) The Secretary of the Smithsonian Institution.
(F) One member of the Board of Regents, appointed by
the Board of Regents.
(G) Nineteen individuals appointed by the Board of
Regents. In appointing members under this subparagraph,
the Board of Regents should give special consideration
to appointing--
(i) members of the Congressional Commission;
(ii) board members of the National Women's
History Museum, a nonprofit, educational
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 that was
incorporated in 1996 in the District of Columbia
and that is dedicated for the purpose of
establishing a women's history museum; and
(iii) scholars and representatives of
organizations that are committed to the study of
women's history.
(3) <<NOTE: Deadline.>> Initial appointments.--The Board of
Regents shall make initial appointments to the Council under
paragraph (2) not later than 180 days after the date of the
enactment of this Act.
(d) Terms.--
(1) In general.--Except as provided in this subsection, each
appointed member of the Council shall be appointed for a term of
3 years.
(2) Initial appointees.--As designated by the Board of
Regents at the time of appointment, of the voting members first
appointed under subparagraph (G) of subsection (c)(2)--
(A) 7 members shall be appointed for a term of 1
year;
(B) 6 members shall be appointed for a term of 2
years; and
[[Page 134 STAT. 2275]]
(C) 6 members shall be appointed for a term of 3
years.
(3) Reappointment.--A member of the Council may be
reappointed, except that no individual may serve on the Council
for a total of more than 2 terms. For purposes of this
paragraph, the number of terms an individual serves on the
Council shall not include any portion of a term for which an
individual is appointed to fill a vacancy under paragraph
(4)(B).
(4) Vacancies.--
(A) In general.--A vacancy on the Council--
(i) shall not affect the powers of the
Council; and
(ii) shall be filled in the same manner as the
original appointment was made.
(B) Term.--Any member of the Council appointed to
fill a vacancy occurring before the expiration of the
term for which the member's predecessor was appointed
shall be appointed for the remainder of that term.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Council shall serve without pay.
(2) Travel expenses.--A member of the Council shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Council.
(f) Chairperson.--By a majority vote of its voting members, the
Council shall elect a chairperson from its members.
(g) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson or on the written request of a majority of the
voting members of the Council, but not fewer than twice each
year.
(2) <<NOTE: Time period.>> Initial meetings.--During the 1-
year period beginning on the date of the first meeting of the
Council, the Council shall meet not fewer than 4 times for the
purpose of carrying out the duties of the Council under this
Act.
(h) Quorum.--A majority of the voting members of the Council holding
office shall constitute a quorum for the purpose of conducting business,
but a lesser number may receive information on behalf of the Council.
SEC. 105. <<NOTE: Appointments. 20 USC 80t-3.>> DIRECTOR AND
STAFF OF THE MUSEUM.
(a) Director.--
(1) In general.--The Museum shall have a Director who shall
be appointed by the Secretary, taking into consideration
individuals recommended by the council established under section
104.
(2) Duties.--The Director shall manage the Museum subject to
the policies of the Board of Regents.
(b) Staff.--The Secretary may appoint 2 additional employees to
serve under the Director, except that such additional employees may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(c) Pay.--The employees appointed by the Secretary under subsection
(b) may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
[[Page 134 STAT. 2276]]
relating to classification of positions and General Schedule pay rates.
SEC. 106. <<NOTE: 20 USC 80t-4.>> EDUCATIONAL AND LIAISON
PROGRAMS.
(a) Programs Authorized.--The Director of the Museum may carry out
educational and liaison programs in support of the goals of the Museum.
(b) Collaboration With Schools.--In carrying out this section, the
Director shall carry out educational programs in collaboration with
elementary schools, secondary schools, and postsecondary schools.
SEC. 107. <<NOTE: 20 USC 80t-5.>> BUILDING.
(a) Location.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of the enactment of this Act, the Board of
Regents shall designate a site for the Museum.
(2) <<NOTE: District of Columbia.>> Sites for
consideration.--In designating a site under paragraph (1), the
Board of Regents shall--
(A) select a site in the District of Columbia; and
(B) include the consideration of the following
sites:
(i) The site known as the ``South Monument
site'', located on the National Mall and bordered
by 14th Street Northwest, Jefferson Drive
Southwest, Raoul Wallenberg Place Southwest, and
Independence Ave Southwest.
(ii) The Northwest United States Capitol site,
bordered by 3rd Street Northwest, Constitution
Avenue Northwest, 1st Street Northwest, and
Pennsylvania Ave Northwest.
(3) Factors considered.--In designating a site under
paragraph (1), the Board of Regents shall take into
consideration each of the following factors:
(A) <<NOTE: Cost estimate.>> An estimate of the
costs associated with each potential site.
(B) <<NOTE: Assessment.>> An assessment of the
suitability of the space of each potential site,
including size, proximity to other buildings and
transportation, and other external environmental
conditions, as appropriate.
(C) <<NOTE: Recommenda- tions.>> The
recommendations of the Congressional Commission.
(4) Consultation.--The Board of Regents shall carry out its
duties under this subsection in consultation with each of the
following:
(A) The Chair of the National Capital Planning
Commission.
(B) The Director of the National Park Service.
(C) The Chair of the National Capital Memorial
Advisory Commission.
(D) The Chair of the Commission on Fine Arts.
(E) The Chair of the Congressional Commission.
(F) The Architect of the Capitol.
(G) The chair and ranking member of each of the
following committees:
(i) The Committee on Rules and Administration
of the Senate.
(ii) The Committee on House Administration of
the House of Representatives.
[[Page 134 STAT. 2277]]
(iii) The Committee on Energy and Natural
Resources of the Senate.
(iv) The Committee on Natural Resources of the
House of Representatives.
(v) The Committee on Transportation and
Infrastructure of the House of Representatives.
(vi) The Committee on Appropriations of the
House of Representatives.
(vii) The Committee on Appropriations of the
Senate.
(5) Intent of congress.--It is the intent of Congress that
the Museum be located on or near the National Mall, to the
maximum extent practicable, in accordance with this section.
(b) Site Under the Jurisdiction of Another Federal Agency.--
(1) Written notification of agreement.--The Board of Regents
shall not designate a site for the Museum that is under the
administrative jurisdiction of another Federal agency or entity
unless the head of the Federal agency or entity submits to each
of the committees described in subsection (a)(4)(G) written
notification stating that the head of the Federal agency or
entity concurs with locating the Museum on the land or in the
structure that is under the administrative jurisdiction of the
Federal agency or entity.
(2) Transfer.--As soon as practicable after the date on
which Congress receives the written notification described in
paragraph (1), the head of the Federal agency or entity shall
transfer to the Smithsonian Institution its administrative
jurisdiction over the land or structure that has been designated
as the site for the Museum.
(c) Construction of Building.--The Board of Regents, in consultation
with the council established under section 104, may plan, design, and
construct a building for the Museum, which shall be located at the site
designated by the Board of Regents under subsection (a), in accordance
with this section.
(d) Commemorative Works Act.--Chapter 89 of title 40, United States
Code, shall not apply with respect to the Museum, except that the Museum
shall not be located in the Reserve (as defined in section 8902(a) of
that title).
(e) Cost Sharing.--The Board of Regents shall pay--
(1) 50 percent of the costs of carrying out this section
from Federal funds; and
(2) 50 percent of the costs of carrying out this section
from non-Federal sources.
SEC. 108. <<NOTE: 20 USC 80t-6.>> DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Board of Regents'' means the Board of Regents
of the Smithsonian Institution.
(2) The term ``Congressional Commission'' means the
Commission to Study the Potential Creation of a National Women's
History Museum, established under section 3056 of the Military
Construction Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3810).
(3) The term ``Secretary'' means the Secretary of the
Smithsonian Institution.
[[Page 134 STAT. 2278]]
SEC. 109. <<NOTE: 20 USC 80t-7.>> AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Smithsonian Institution to carry out this Act, including the planning,
design, construction, and operation of the Museum established under
section 103, such sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year.
(b) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until expended.
(c) Use of Funds for Fundraising.--Amounts appropriated pursuant to
the authorization under this section may be used to conduct fundraising
in support of the Museum from private sources.
TITLE II--NATIONAL MUSEUM OF THE AMERICAN LATINO
SEC. 201. <<NOTE: 20 USC 80u.>> NATIONAL MUSEUM OF THE AMERICAN
LATINO.
(a) Findings.--Congress finds the following:
(1) The United States is a symbol of democracy, freedom, and
economic opportunity around the world, and the legacy of Latinos
is deeply rooted in the very fabric of the history, democracy,
freedom, and economic opportunity of the United States.
(2) There exists no national museum within the Smithsonian
Institution that is devoted to the documentation and explication
of Latino life, art, history, and culture.
(3) The establishment of the National Museum of the American
Latino will be consistent with the purposes of the Smithsonian
Institution, created by Congress in 1846, ``for the increase and
diffusion of knowledge''.
(4) The National Museum of the American Latino--
(A) will be the keystone for people in the United
States and other Smithsonian Institution visitors to
learn about Latino contributions to life, art, history,
and culture in the United States at its signature
location on the National Mall; and
(B) will serve as a gateway for visitors to view
other Latino exhibitions, collections, and programming
at other Smithsonian Institution facilities and museums
throughout the United States and the territories of the
United States.
(b) Definitions.--In this section:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Smithsonian Institution.
(2) Board of trustees.--The term ``Board of Trustees'' means
the Board of Trustees of the National Museum of the American
Latino as established by subsection (d).
(3) Director.--The term ``Director'' means the Director of
the National Museum of the American Latino.
(4) Museum.--The term ``Museum'' means the National Museum
of the American Latino established by subsection (c).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Smithsonian Institution.
(c) Establishment of Museum.--
[[Page 134 STAT. 2279]]
(1) Establishment.--There is established within the
Smithsonian Institution a museum to be known as the ``National
Museum of the American Latino''.
(2) Purposes.--The purposes of the Museum are--
(A) to illuminate the story of the United States for
the benefit of all by featuring Latino contributions;
and
(B) to provide for--
(i) the collection, study, research,
publication, and establishment of exhibitions and
programs relating to Latino life, art, history,
and culture that encompass--
(I) Latino contributions to the
early history of what now encompasses
the United States of America and its
territories;
(II) Latino contributions in the
armed services from the earliest days of
the American Revolution to current
military activities in defense of our
freedoms;
(III) Latino contributions to the
freedom, well-being, and economic
prosperity of all people in the United
States through historical movements;
(IV) entrepreneurial and charitable
activities of Latinos;
(V) contributions by Latinos to--
(aa) the social, natural,
and physical sciences; and
(bb) art, history, and
culture, including food, music,
dance, film, theater, sports,
and other forms of popular
culture in the United States;
and
(ii) collaboration between the Museum, other
museums and research centers of the Smithsonian
Institution, and other museums and educational
institutions throughout the United States and
abroad, to promote the study and appreciation of
Latino life, art, history, culture, and its impact
on society in the United States, including
collaboration concerning joint research projects,
programs, exhibitions, collection management, and
training of museum staff.
(d) Board of Trustees.--
(1) Establishment.--There is established within the
Smithsonian Institution a Board of Trustees of the Museum with
the duties, powers, and authority specified in this subsection.
(2) Duties.--
(A) In general.--The Board of Trustees--
(i) shall--
(I) make recommendations to the
Board of Regents concerning the
location, planning, design, and
construction of the Museum;
(II) recommend annual operating
budgets for the Museum to the Board of
Regents;
(III) adopt bylaws for the Board of
Trustees;
(IV) report annually to the Board of
Regents on the acquisition, disposition,
and display of Latino collections,
objects and artifacts, and on other
appropriate matters; and
[[Page 134 STAT. 2280]]
(V) advise and assist the Board of
Regents on all matters relating to the
administration, operation, maintenance,
and preservation of the Museum,
including long-term maintenance; and
(ii) may delegate the duties described in
subclauses (I) through (IV) of clause (i) to the
Director.
(B) Principal responsibilities.--Subject to the
general policies of the Board of Regents, the Board of
Trustees shall have the sole authority to--
(i) purchase, accept, borrow, or otherwise
acquire artifacts and other objects for addition
to the collections of the Museum;
(ii) loan, exchange, sell, or otherwise
dispose of any part of the collections of the
Museum, with the proceeds of such transactions to
be used for additions to the collections of the
Museum; and
(iii) specify criteria with respect to the use
of the collections and resources of the Museum,
including policies on programming, education,
exhibitions, and research with respect to--
(I) the life, art, history, culture,
and other aspects of Latinos in the
United States and the territories of the
United States;
(II) the role of Latinos in the
history of the United States from the
arrival of the first explorers to the
Americas to the present;
(III) the contributions of Latinos
to society and culture in the United
States, and exploring what it means to
be an American; and
(IV) sharing how values in the
United States such as resiliency,
optimism, and spirituality are reflected
in Latino history and culture.
(C) Other responsibilities.--Subject to the general
policies of the Board of Regents, the Board of Trustees
shall have authority to--
(i) provide for preservation, restoration, and
maintenance of the collections of the Museum; and
(ii) solicit, accept, use, and dispose of
gifts, bequests, and devises of personal and real
property for the purpose of aiding and
facilitating the work of the Museum.
(D) Ensuring diversity of political viewpoints in
exhibits and programs.--In carrying out its duties, the
Board of Trustees shall ensure that the exhibits and
programs of the Museum reflect the diversity of the
political viewpoints held by Latinos of the United
States on the events and issues relating to the history
of Latinos in the United States.
(3) Composition and appointment.--
(A) In general.--The Board of Trustees shall be
composed of not more than 19 voting members as provided
under subparagraph (B).
(B) Voting members.--The Board of Trustees shall
include the following voting members:
(i) The Secretary of the Smithsonian
Institution.
(ii) The Under Secretary of Museums and
Research of the Smithsonian Institution.
[[Page 134 STAT. 2281]]
(iii) The chair of the Smithsonian National
Latino Board.
(iv) One member of the Board of Regents,
appointed by the Board of Regents.
(v) Two Members of Congress, one from each
political party, designated by the Congressional
Hispanic Caucus and the Congressional Hispanic
Conference.
(vi) Thirteen individuals who shall be
appointed by the Board of Regents after taking
into consideration--
(I) efforts to have a politically
and geographically diverse
representation on the Board of Trustees
reflecting States and territories with
significant Latino populations;
(II) individuals recommended by
members of the Board of Trustees; and
(III) individuals recommended by
organizations and entities that are
committed to the advancement of
knowledge of Latino life, art, history,
and culture.
(C) <<NOTE: Deadline.>> Initial appointments.--The
Board of Regents shall make initial appointments to the
Board of Trustees under subparagraph (B) not later than
180 days after the date of enactment of this Act.
(4) Terms of service.--
(A) In general.--Except as provided in this
paragraph, each appointed member of the Board of
Trustees shall be appointed for a term of 3 years.
(B) Initial appointees.--As designated by the Board
of Regents at the time of appointment, of the voting
members first appointed under clause (vi) of paragraph
(3)(B)--
(i) Five members shall be appointed for a term
of 1 year;
(ii) Four members shall be appointed for a
term of 2 years; and
(iii) Four members shall be appointed for a
term of 3 years.
(C) Reappointment.--A member of the Board of
Trustees may be reappointed, except that no individual
may serve on the Board of Trustees for a total of more
than 2 full terms. For purposes of this subparagraph,
the number of terms an individual serves on the Board of
Trustees shall not include any portion of a term for
which an individual is appointed to fill a vacancy under
subparagraph (D)(ii).
(D) Vacancies.--
(i) In general.--A vacancy on the Board of
Trustees--
(I) shall not affect the powers of
the Board of Trustees; and
(II) shall be filled in the same
manner as the original appointment was
made.
(ii) Term.--Any member of the Board of
Trustees appointed to fill a vacancy occurring
before the expiration of the term for which the
member's predecessor was appointed shall be
appointed for the remainder of that term.
[[Page 134 STAT. 2282]]
(5) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Board of Trustees shall serve
without pay.
(B) Travel expenses.--A member of the Board of
Trustees shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the home
or regular place of business of the member in the
performance of the duties of the Board of Trustees.
(6) Chairperson.--By a majority vote of its voting members,
the Board of Trustees shall elect a chairperson from its
members.
(7) Meetings.--
(A) In general.--The Board of Trustees shall meet at
the call of the chairperson or on the written request of
a majority of the voting members of the Board of
Trustees, but not fewer than twice each year.
(B) Meeting format.--Regularly scheduled meetings
and special meetings may be conducted in-person,
telephonically, electronically, or by any means
appropriate as determined by the chairperson.
(8) Quorum.--A majority of the voting members of the Board
of Trustees holding office shall constitute a quorum for the
purpose of conducting business, but a lesser number may receive
information on behalf of the Board of Trustees.
(e) <<NOTE: Appointments.>> Director and Staff of Museum.--
(1) Director.--
(A) In general.--The Museum shall have a Director
who shall be appointed by the Secretary in consultation
with Board of Trustees. The Secretary may appoint an
interim Director to oversee the initial activity of
establishing the Museum until a permanent Director is
selected.
(B) Duties.--The Director shall manage the Museum
subject to the policies of the Board of Regents and the
Board of Trustees.
(2) Staff.--The Secretary may appoint two additional
employees to serve under the Director, except that such
additional employees may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service.
(3) Pay.--The employees appointed by the Secretary under
paragraph (2) may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates.
(f) Educational and Liaison Programs.--
(1) In general.--
(A) Programs authorized.--The Director of the Museum
may carry out educational and liaison programs in
support of the goals of the Museum.
(B) Specific activities.--In carrying out this
subsection, the Director shall--
(i) carry out educational programs relating to
Latino life, art, history, and culture,
including--
[[Page 134 STAT. 2283]]
(I) programs using digital,
electronic, and interactive
technologies; and
(II) programs carried out in
collaboration with elementary schools,
secondary schools, and postsecondary
schools; and
(ii) <<NOTE: Consultation.>> consult with the
Director of the Institute of Museum and Library
Services concerning the grant programs carried out
under paragraph (2).
(2) Grant programs.--
(A) <<NOTE: Consultation.>> In general.--The
Director of the Institute of Museum and Library
Services, in consultation with the Board of Trustees and
the Director of the Museum, shall establish and carry
out--
(i) a grant program with the purpose of
improving operations, care of collections,
culturally appropriate public outreach, and
development of professional management at American
Latino museums;
(ii) a grant program with the purpose of
providing internship and fellowship opportunities
at American Latino museums;
(iii) a scholarship program, in partnership
with Hispanic-serving institutions, minority-
serving institutions, historically black colleges
and universities, and other institutions of higher
education, with the purpose of assisting
individuals who are pursuing careers or carrying
out studies in the arts, humanities, and sciences
in the study of American Latino life, art,
history, and culture;
(iv) in cooperation with other museums,
historical societies, and educational
institutions, a grant program with the purpose of
promoting the understanding of the Latin American
diaspora in the United States; and
(v) a grant program under which an American
Latino museum (including a nonprofit education
organization the primary mission of which is to
promote the study of the Latin American diaspora
in the United States) may use funds provided under
the grant to increase an endowment fund
established by the museum (or organization) as of
October 1, 2020, for the purposes of enhancing
educational programming, and maintaining and
operating traveling educational exhibits.
(B) Clarification of treatment of museum.--In this
paragraph, the term ``American Latino museum'' does not
include the Museum.
(C) Authorization of appropriations.--There are
authorized to be appropriated to the Institute of Museum
and Library Services to carry out this paragraph--
(i) $15,000,000 for fiscal year 2021; and
(ii) such sums as may be necessary for fiscal
year 2022 and each succeeding fiscal year.
(g) National Museum of the American Latino Building and Support
Facilities.--
(1) In general.--
(A) Location.--
[[Page 134 STAT. 2284]]
(i) <<NOTE: Deadline.>> In general.--Not
later than 2 years after the date of enactment of
this Act, the Board of Regents shall designate a
site for the Museum.
(ii) <<NOTE: District of Columbia.>> Sites
for consideration.--In designating a site under
clause (i), the Board of Regents shall--
(I) select a site in the District of
Columbia; and
(II) include the consideration of
the following sites:
(aa) The Arts and Industries
Building of the Smithsonian
Institution, located on the
National Mall at 900 Jefferson
Drive, Southwest, Washington,
District of Columbia.
(bb) A vacant area bounded
by Independence Avenue,
Jefferson Drive, Raoul
Wallenberg Place, and 14th
Street Southwest, currently
under the jurisdiction of the
National Park Service.
(cc) The area bounded by 3rd
Street and 1st Street, Northwest
and Constitution Avenue and
Pennsylvania Avenue, Northwest,
as measured from curb to curb,
currently under the jurisdiction
of the Architect of the Capitol.
(dd) The facility and
grounds on the National Mall
between 12th and 14th Streets,
Southwest, and Jefferson Drive
and Independence Avenue,
Southwest, currently under the
jurisdiction of the Department
of Agriculture.
(iii) Factors considered.--In designating a
site under clause (i), the Board of Regents shall
take into consideration each of the following
factors:
(I) <<NOTE: Cost estimates.>> An
estimate of the costs associated with
each potential site.
(II) <<NOTE: Assessment.>> An
assessment of the suitability of the
space of each potential site, including
size, proximity to other buildings and
transportation, and other external
environmental conditions, as
appropriate.
(III) <<NOTE: Recommenda- tions.>>
The recommendations of the Commission
referred to in subsection (h).
(iv) Consultation.--The Board of Regents shall
carry out its duties under this subparagraph in
consultation with the following:
(I) The Chair of the National
Capital Planning Commission.
(II) The Director of the National
Park Service.
(III) The Chair of the National
Capital Memorial Advisory Commission.
(IV) The Chair of the Commission of
Fine Arts.
(V) The Chair and Vice Chair of the
Commission referred to in subsection
(h).
(VI) The Chair of the Building and
Site Subcommittee of the Commission
referred to in subsection (h).
(VII) The Architect of the Capitol.
[[Page 134 STAT. 2285]]
(VIII) The Chair and ranking
minority member of each of the following
committees:
(aa) The Committee on Rules
and Administration of the
Senate.
(bb) The Committee on House
Administration of the House of
Representatives.
(cc) The Committee on Energy
and Natural Resources of the
Senate.
(dd) The Committee on
Natural Resources of the House
of Representatives.
(ee) The Committee on
Transportation and
Infrastructure of the House of
Representatives.
(ff) The Committee on
Appropriations of the House of
Representatives.
(gg) The Committee on
Appropriations of the Senate.
(v) Intent of congress.--It is the intent of
Congress that the Museum be located on or near the
National Mall, to the maximum extent practicable,
in accordance with this subsection.
(B) Size of building.--The building constructed or
modified to serve as the Museum shall occupy no less
than the recommended square footage set forth in the
report submitted by the Commission to Study the
Potential Creation of a National Museum of the American
Latino established under section 333 of the Consolidated
Natural Resources Act of 2008 (Public Law 110-229; 122
Stat. 784).
(C) <<NOTE: Consultation.>> Construction of
building.--The Board of Regents, in consultation with
the Board of Trustees and other appropriate Federal and
local agencies is authorized to prepare plans, design,
and construct a building or modify an existing building
for the Museum, which shall be located at the site
selected by the Board of Regents, in accordance with
this subsection.
(2) Site under the jurisdiction of another federal agency.--
(A) <<NOTE: Notification.>> In general.--The Board
of Regents shall not designate a site for the Museum
that is under the administrative jurisdiction of another
Federal agency or entity unless the head of the Federal
agency or entity submits to each of the committees
described in paragraph (1)(A)(iv)(VIII) written
notification stating that the head of the Federal agency
or entity concurs with locating the Museum on the land
or in the structure that is under the administrative
jurisdiction of the Federal agency or entity.
(B) Transfer.--As soon as practicable after the date
on which the committees receive the written notification
described in subparagraph (A), the head of the Federal
agency or entity shall transfer to the Smithsonian
Institution administrative jurisdiction over the land or
structure that has been designated as the site for the
Museum.
(3) Cost sharing.--The Board of Regents shall pay--
(A) 50 percent of the costs of carrying out this
subsection from Federal funds; and
[[Page 134 STAT. 2286]]
(B) 50 percent of the costs of carrying out this
subsection from non-Federal sources.
(4) Commemorative works act.--Chapter 89 of title 40, United
States Code, shall not apply with respect to the Museum, except
that the Museum shall not be located in the Reserve (as defined
in section 8902(a) of that title).
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
(h) Consideration of Recommendations of Commission.--In carrying out
their duties under this section, the Board of Trustees and the Board of
Regents shall take into consideration the reports and plans submitted by
the Commission to Study the Potential Creation of a National Museum of
the American Latino established under section 333 of the Consolidated
Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 784).
(i) Congressional Budget Act Compliance.--Authority under this
section to enter into contracts or to make payments shall be effective
in any fiscal year only to the extent provided in advance in an
appropriations Act.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Smithsonian Institution to carry out this section, other
than subsections (f)(2) and (g)--
(A) $20,000,000 for fiscal year 2021; and
(B) such sums as are necessary for each fiscal year
thereafter.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall remain
available until expended.
(3) Use of funds for fundraising.--Amounts appropriated
pursuant to the authorization under this subsection may be used
to conduct fundraising in support of the Museum from private
sources.
DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS
TITLE <<NOTE: AI in Government Act of 2020.>> I--AI IN GOVERNMENT ACT
OF 2020
SEC. 101. <<NOTE: 40 USC 11301 note.>> SHORT TITLE.
This title may be cited as the ``AI in Government Act of 2020''.
SEC. 102. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
General Services;
(2) the term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code;
(3) the term ``AI CoE'' means the AI Center of Excellence
described in section 103;
[[Page 134 STAT. 2287]]
(4) the term ``artificial intelligence'' has the meaning
given the term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
note);
(5) the term ``Director'' means the Director of the Office
of Management and Budget;
(6) the term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); and
(7) the term ``nonprofit organization'' means an
organization described in section 501(c)(3)of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code.
SEC. 103. AI CENTER OF EXCELLENCE.
(a) In General.--There is created within the General Services
Administration a program to be known as the ``AI Center of Excellence'',
which shall--
(1) facilitate the adoption of artificial intelligence
technologies in the Federal Government;
(2) improve cohesion and competency in the adoption and use
of artificial intelligence within the Federal Government; and
(3) carry out paragraphs (1) and (2) for the purposes of
benefitting the public and enhancing the productivity and
efficiency of Federal Government operations.
(b) Duties.--The duties of the AI CoE shall include--
(1) regularly convening individuals from agencies, industry,
Federal laboratories, nonprofit organizations, institutions of
higher education, and other entities to discuss recent
developments in artificial intelligence, including the
dissemination of information regarding programs, pilots, and
other initiatives at agencies, as well as recent trends and
relevant information on the understanding, adoption, and use of
artificial intelligence;
(2) collecting, aggregating, and publishing on a publicly
available website information regarding programs, pilots, and
other initiatives led by other agencies and any other
information determined appropriate by the Administrator;
(3) advising the Administrator, the Director, and agencies
on the acquisition and use of artificial intelligence through
technical insight and expertise, as needed;
(4) assist agencies in applying Federal policies regarding
the management and use of data in applications of artificial
intelligence;
(5) consulting with agencies, including the Department of
Defense, the Department of Commerce, the Department of Energy,
the Department of Homeland Security, the Office of Management
and Budget, the Office of the Director of National Intelligence,
and the National Science Foundation, that operate programs,
create standards and guidelines, or otherwise fund internal
projects or coordinate between the public and private sectors
relating to artificial intelligence;
(6) advising the Director on developing policy related to
the use of artificial intelligence by agencies; and
[[Page 134 STAT. 2288]]
(7) advising the Director of the Office of Science and
Technology Policy on developing policy related to research and
national investment in artificial intelligence.
(c) Staff.--
(1) In general.--The Administrator shall provide necessary
staff, resources, and administrative support for the AI CoE.
(2) Shared staff.--To the maximum extent practicable, the
Administrator shall meet the requirements described under
paragraph (1) by using staff of the General Services
Administration, including those from other agency centers of
excellence, and detailees, on a reimbursable or nonreimbursable
basis, from other agencies.
(3) Fellows.--The Administrator may, to the maximum extent
practicable, appoint fellows to participate in the AI CoE from
nonprofit organizations, think tanks, institutions of higher
education, and industry.
(d) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of enactment of this Act.
SEC. 104. <<NOTE: Deadlines.>> GUIDANCE FOR AGENCY USE OF
ARTIFICIAL INTELLIGENCE.
(a) <<NOTE: Coordination. Consultation. Memorandum.>> Guidance.--
Not later than 270 days after the date of enactment of this Act, the
Director, in coordination with the Director of the Office of Science and
Technology Policy in consultation with the Administrator and any other
relevant agencies and key stakeholders as determined by the Director,
shall issue a memorandum to the head of each agency that shall--
(1) inform the development of policies regarding Federal
acquisition and use by agencies regarding technologies that are
empowered or enabled by artificial intelligence, including an
identification of the responsibilities of agency officials
managing the use of such technology;
(2) <<NOTE: Recommenda- tion.>> recommend approaches to
remove barriers for use by agencies of artificial intelligence
technologies in order to promote the innovative application of
those technologies while protecting civil liberties, civil
rights, and economic and national security;
(3) identify best practices for identifying, assessing, and
mitigating any discriminatory impact or bias on the basis of any
classification protected under Federal nondiscrimination laws,
or any unintended consequence of the use of artificial
intelligence, including policies to identify data used to train
artificial intelligence algorithms as well as the data analyzed
by artificial intelligence used by the agencies; and
(4) provide a template of the required contents of the
agency plans described in subsection (c).
(b) Public Comment.--To help ensure public trust in the applications
of artificial intelligence technologies, the Director shall issue a
draft version of the memorandum required under subsection (a) for public
comment not later than 180 days after date of enactment of this Act.
(c) <<NOTE: Public information. Web posting.>> Plans.--Not later
than 180 days after the date on which the Director issues the memorandum
required under subsection (a) or an update to the memorandum required
under subsection (d), the head of each agency shall submit to the
Director and post on a publicly available page on the website of the
agency--
[[Page 134 STAT. 2289]]
(1) a plan to achieve consistency with the memorandum; or
(2) <<NOTE: Determination.>> a written determination that
the agency does not use and does not anticipate using artificial
intelligence.
(d) <<NOTE: Time period.>> Updates.--Not later than 2 years after
the date on which the Director issues the memorandum required under
subsection (a), and every 2 years thereafter for 10 years, the Director
shall issue updates to the memorandum.
SEC. 105. <<NOTE: Deadline.>> UPDATE OF OCCUPATIONAL SERIES FOR
ARTIFICIAL INTELLIGENCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and in accordance with chapter 51 of title 5,
United States Code, the Director of the Office of Personnel Management
shall--
(1) identify key skills and competencies needed for
positions related to artificial intelligence;
(2) establish an occupational series, or update and improve
an existing occupational job series, to include positions the
primary duties of which relate to artificial intelligence;
(3) to the extent appropriate, establish an estimate of the
number of Federal employees in positions related to artificial
intelligence, by each agency; and
(4) using the estimate established in paragraph (3), prepare
a 2-year and 5-year forecast of the number of Federal employees
in positions related to artificial intelligence that each agency
will need to employ.
(b) <<NOTE: Timeline.>> Plan.--Not later than 120 days after the
date of enactment of this Act, the Director of the Office of Personnel
Management shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives a comprehensive plan with a
timeline to complete requirements described in subsection (a).
TITLE II <<NOTE: DHS Overseas Personnel Enhancement Act of 2019.>> --DHS
OVERSEAS PERSONNEL ENHANCEMENT ACT OF 2019
SEC. 201. SHORT TITLE.
This title may be cited as the ``DHS Overseas Personnel Enhancement
Act of 2019''.
SEC. 202. OVERSEAS PERSONNEL BRIEFING.
(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
submission of the comprehensive 3-year strategy required under section
1910 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) and annually thereafter, the Secretary shall brief
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate regarding Department personnel with primary duties that take
place outside of the United States.
(b) Requirements.--The briefings required under subsection (a) shall
include the following:
(1) <<NOTE: Summary.>> A detailed summary of, and
deployment schedule for, each type of personnel position with
primary duties that take
[[Page 134 STAT. 2290]]
place outside of the United States and how each such position
contributes to the Department's mission.
(2) Information related to how the geographic and regional
placement of such positions contributes to the Department's
mission.
(3) Information related to any risk mitigation plans for
each geographic and regional placement, including to address
counter-intelligence risks.
(4) Information regarding the costs of deploying or
maintaining personnel at each geographic and regional placement,
including information on any cost-sharing agreement with foreign
partners to cover a portion or all the costs relating to such
deployment or maintenance.
(5) Information on guidance and practices to guard against
counter-espionage and counter-intelligence threats, including
cyber threats, associated with Department personnel.
(6) Information regarding trends in foreign efforts to
influence such personnel while deployed overseas to contribute
to the Department's mission.
(7) Information related to the position-specific training
received by such personnel before and during placement at a
foreign location.
(8) Challenges that may impede the communication of
counterterrorism information between Department personnel at
foreign locations and Department entities in the United States,
including technical, resource, and administrative challenges.
(9) The status of efforts to implement the strategy referred
to in subsection (a).
(10) The status of efforts (beginning with the second
briefing required under this section) to implement the
enhancement plan under section 203.
SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN.
(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the first briefing required under section 202, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a plan to enhance the effectiveness of Department
personnel at foreign locations.
(b) Plan Requirements.--The plan required under subsection (a) shall
include proposals to--
(1) improve efforts of Department personnel at foreign
locations, as necessary, for purposes of providing foreign
partner capacity development and furthering the Department's
mission;
(2) as appropriate, redeploy Department personnel to respond
to changing threats to the United States, consistent with the
limits on the resources of the Department;
(3) enhance collaboration among Department personnel at
foreign locations, other Federal personnel at foreign locations,
and foreign partners;
(4) improve the communication of information between
Department personnel at foreign locations and Department
entities in the United States, including to address technical,
resource, and administrative challenges; and
(5) maintain practices to guard against counter-espionage
threats associated with Department personnel.
[[Page 134 STAT. 2291]]
SEC. 204. TERMINATION.
The briefing requirement under section 202 shall terminate on the
date that is 4 years after the submission of the strategy referred to in
subsection (a) of such section.
SEC. 205. DEFINITIONS.
In this Act--
(1) the term ``Department'' means the Department of Homeland
Security; and
(2) the term ``Secretary'' means the Secretary of Homeland
Security.
TITLE III <<NOTE: Synthetic Opioid Exposure Prevention and Training
Act.>> --SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT
SEC. 301. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Synthetic Opioid Exposure
Prevention and Training Act''.
SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE
WITHIN U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subtitle B of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section 415
the following new section:
``SEC. 416. <<NOTE: 6 USC 216.>> PROTECTION AGAINST POTENTIAL
SYNTHETIC OPIOID EXPOSURE.
``(a) <<NOTE: Procedures.>> In General.--The Commissioner of U.S.
Customs and Border Protection shall issue a policy that specifies
effective protocols and procedures for the safe handling of potential
synthetic opioids, including fentanyl, by U.S. Customs and Border
Protection officers, agents, other personnel, and canines, and to reduce
the risk of injury or death resulting from accidental exposure and
enhance post-exposure management.
``(b) Training.--
``(1) <<NOTE: Requirement.>> In general.--Together with the
issuance of the policy described in subsection (a), the
Commissioner of U.S. Customs and Border Protection shall require
mandatory and recurrent training on the following:
``(A) The potential risk of opioid exposure and safe
handling procedures for potential synthetic opioids,
including precautionary measures such as the use of
personal protective equipment during such handling.
``(B) How to access and administer opioid receptor
antagonists, including naloxone, post-exposure to
potential synthetic opioids.
``(2) Integration.--The training described in paragraph (1)
may be integrated into existing training under section 411(l)
for U.S. Customs and Border Protection officers, agents, and
other personnel.
``(c) Personal Protective Equipment and Opioid Receptor
Antagonists.--Together with the issuance of the policy described in
subsection (a), the Commissioner of U.S. Customs and Border Protection
shall ensure the availability of personal protective equipment and
opioid receptor antagonists, including naloxone, to all
[[Page 134 STAT. 2292]]
U.S. Customs and Border Protection officers, agents, other personnel,
and canines at risk of accidental exposure to synthetic opioids.
``(d) Oversight.--To ensure effectiveness of the policy described in
subsection (a)--
``(1) the Commissioner of U.S. Customs and Border Protection
shall regularly monitor the efficacy of the implementation of
such policy and adjust protocols and procedures, as necessary;
and
``(2) <<NOTE: Audit. Time period.>> the Inspector General
of the Department shall audit compliance with the requirements
of this section not less than once during the 3-year period
after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 415 the following new item:
``Sec. 416. Protection against potential synthetic opioid exposure.''.
TITLE IV-- <<NOTE: Construction Consensus Procurement Improvement Act of
2020.>> CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2020
SEC. 401. <<NOTE: 41 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Construction Consensus Procurement
Improvement Act of 2020''.
SEC. 402. <<NOTE: 41 USC 3309 note.>> PROHIBITION ON USE OF A
REVERSE AUCTION FOR THE AWARD OF A
CONTRACT FOR DESIGN AND CONSTRUCTION
SERVICES.
(a) Finding.--Congress finds that, in contrast to a traditional
auction in which the buyers bid up the price, sellers bid down the price
in a reverse auction.
(b) <<NOTE: Deadline.>> Prohibition.--Not later than 180 days after
the date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to prohibit the use of reverse auctions for
awarding contracts for design and construction services.
(c) Definitions.--In this section:
(1) The term ``design and construction services'' means--
(A) site planning and landscape design;
(B) architectural and engineering services (as
defined in section 1102 of title 40, United States
Code);
(C) interior design;
(D) performance of substantial construction work for
facility, infrastructure, and environmental restoration
projects;
(E) delivery and supply of construction materials to
construction sites; or
(F) construction or substantial alteration of public
buildings or public works.
(2) The term ``reverse auction'' means, with respect to any
procurement by an executive agency--
(A) a real-time auction conducted through an
electronic medium among 2 or more offerors who compete
by submitting bids for a supply or service contract, or
a delivery
[[Page 134 STAT. 2293]]
order, task order, or purchase order under the contract,
with the ability to submit revised lower bids at any
time before the closing of the auction; and
(B) the award of the contract, delivery order, task
order, or purchase order to the offeror is solely based
on the price obtained through the auction process.
TITLE V--OVERSIGHT.GOV
SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV;
AUTHORIZATION OF FUNDS.
(a) In General.--Section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(e) Oversight.gov.--
``(1) Definition.--In this subsection, the term `Office of
Inspector General' means the Office of--
``(A) an Inspector General described in subparagraph
(A), (B), or (I) of subsection (b)(1);
``(B) the Special Inspector General for Afghanistan
Reconstruction established under section 1229 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 379);
``(C) the Special Inspector General for the Troubled
Asset Relief Plan established under section 121 of title
I of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231); and
``(D) the Special Inspector General for Pandemic
Recovery established under section 4018 of the CARES Act
(15 U.S.C. 9053).
``(2) Establishment.--The Council shall establish and
maintain a website entitled `oversight.gov'--
``(A) to consolidate all public reports from each
Office of Inspector General to improve the access of the
public to any audit report, inspection report, or
evaluation report (or portion of any such report) made
by an Office of Inspector General; and
``(B) that shall include any additional resources,
information, and enhancements as the Council determines
are necessary or desirable.
``(3) <<NOTE: Reports.>> Participation of offices of
inspectors general.--Each Office of Inspector General that
publishes an audit report, inspection report, or evaluation
report (or portion of any such report) on the website of the
Office of Inspector General shall, or in the case of the office
of an Inspector General described in subparagraph (I) of
subsection (b)(1) may, contemporaneously publish the report or
portion thereof on oversight.gov in a manner prescribed by the
Council.''.
(b) Authorization of Appropriations.--For the purposes of carrying
out the mission of the Council of the Inspectors General on Integrity
and Efficiency under section 11 of the Inspector General Act of 1978 (5
U.S.C. App.), as amended by subsection (a), there are authorized to be
appropriated into the revolving fund described in subsection (c)(3)(B)
of such section $3,500,000 for fiscal year 2021, to remain available
until expended, to carry out the duties and functions of the Council.
[[Page 134 STAT. 2294]]
(c) <<NOTE: 5 USC app. note.>> Effective Date.--This Act and the
amendments made by this Act shall take effect on the date that is 30
days after the date of receipt by the Council of the Inspectors General
on Integrity and Efficiency of an appropriation for the implementation
of this Act.
TITLE VI <<NOTE: Counter Threats Advisory Board Act of 2019.>> --COUNTER
THREATS ADVISORY BOARD ACT OF 2019
SEC. 601. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Counter Threats Advisory Board Act
of 2019''.
SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS ADVISORY
BOARD.
(a) In General.--Subtitle A of title II of the Homeland Security Act
of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after section
210E the following:
``SEC. 210F. <<NOTE: 6 USC 124m-1.>> DEPARTMENTAL COORDINATION ON
COUNTER THREATS.
``(a) <<NOTE: Time period.>> Establishment.--There is authorized in
the Department, for a period of 2 years beginning after the date of
enactment of this section, a Counter Threats Advisory Board (in this
section referred to as the `Board') which shall--
``(1) be composed of senior representatives of departmental
operational components and headquarters elements; and
``(2) <<NOTE: Coordination.>> coordinate departmental
intelligence activities and policy and information related to
the mission and functions of the Department that counter
threats.
``(b) Charter.--There shall be a charter to govern the structure and
mission of the Board, which shall--
``(1) direct the Board to focus on the current threat
environment and the importance of aligning departmental
activities to counter threats under the guidance of the
Secretary; and
``(2) be reviewed and updated as appropriate.
``(c) Members.--
``(1) In general.--The Board shall be composed of senior
representatives of departmental operational components and
headquarters elements.
``(2) Chair.--The Under Secretary for Intelligence and
Analysis shall serve as the Chair of the Board.
``(3) <<NOTE: Appointment.>> Members.--The Secretary shall
appoint additional members of the Board from among the
following:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) U.S. Citizenship and Immigration Services.
``(G) The United States Secret Service.
``(H) The Cybersecurity and Infrastructure Security
Agency.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Strategy, Policy, and Plans.
[[Page 134 STAT. 2295]]
``(M) The Science and Technology Directorate.
``(N) The Office for State and Local Law
Enforcement.
``(O) The Privacy Office.
``(P) The Office for Civil Rights and Civil
Liberties.
``(Q) <<NOTE: Determination.>> Other departmental
offices and programs as determined appropriate by the
Secretary.
``(d) Meetings.--The Board shall--
``(1) meet on a regular basis to discuss intelligence and
coordinate ongoing threat mitigation efforts and departmental
activities, including coordination with other Federal, State,
local, tribal, territorial, and private sector partners; and
``(2) <<NOTE: Recommenda- tions.>> make recommendations to
the Secretary.
``(e) Terrorism Alerts.--The Board shall advise the Secretary on the
issuance of terrorism alerts under section 203.
``(f) Prohibition on Additional Funds.--No additional funds are
authorized to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 210E the following:
``Sec. 210F. Departmental coordination on counter threats.''.
(c) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security, acting through the Chair
of the Counter Threats Advisory Board established under section 210F of
the Homeland Security Act of 2002, as added by subsection (a), shall
submit to the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the House of
Representatives a report on the status and activities of the Counter
Threats Advisory Board.
(d) <<NOTE: Briefing. 6 USC 124m-1 note.>> Notice.--The Secretary
of Homeland Security shall provide written notification to and brief the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
on any changes to or introductions of new mechanisms to coordinate
threats across the Department of Homeland Security.
TITLE VII <<NOTE: DHS Countering Unmanned Aircraft Systems Coordinator
Act.>> --DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT
SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR
ACT.
(a) <<NOTE: 6 USC 101 note.>> Short Title.--This title may be cited
as the ``DHS Countering Unmanned Aircraft Systems Coordinator Act''.
(b) Countering Unmanned Aircraft Systems Coordinator.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following new section:
``SEC. <<NOTE: 6 USC 195g.>> 321. COUNTERING UNMANNED AIRCRAFT
SYSTEMS COORDINATOR.
``(a) Coordinator.--
[[Page 134 STAT. 2296]]
``(1) <<NOTE: Designation.>> In general.--The Secretary
shall designate an individual in a Senior Executive Service
position (as defined in section 3132 of title 5, United States
Code) of the Department within the Office of Strategy, Policy,
and Plans as the Countering Unmanned Aircraft Systems
Coordinator (in this section referred to as the `Coordinator')
and provide appropriate staff to carry out the responsibilities
of the Coordinator.
``(2) Responsibilities.--The Coordinator shall--
``(A) oversee and coordinate with relevant
Department offices and components, including the Office
of Civil Rights and Civil Liberties and the Privacy
Office, on the development of guidance and regulations
to counter threats associated with unmanned aircraft
systems (in this section referred to as `UAS') as
described in section 210G;
``(B) promote research and development of counter
UAS technologies in coordination within the Science and
Technology Directorate;
``(C) coordinate with the relevant components and
offices of the Department, including the Office of
Intelligence and Analysis, to ensure the sharing of
information, guidance, and intelligence relating to
countering UAS threats, counter UAS threat assessments,
and counter UAS technology, including the retention of
UAS and counter UAS incidents within the Department;
``(D) serve as the Department liaison, in
coordination with relevant components and offices of the
Department, to the Department of Defense, Federal,
State, local, and Tribal law enforcement entities, and
the private sector regarding the activities of the
Department relating to countering UAS;
``(E) maintain the information required under
section 210G(g)(3); and
``(F) carry out other related counter UAS
authorities and activities under section 210G, as
directed by the Secretary.
``(b) Coordination With Applicable Federal Laws.--The Coordinator
shall, in addition to other assigned duties, coordinate with relevant
Department components and offices to ensure testing, evaluation, or
deployment of a system used to identify, assess, or defeat a UAS is
carried out in accordance with applicable Federal laws.
``(c) Coordination With Private Sector.--The Coordinator shall,
among other assigned duties, working with the Office of Partnership and
Engagement and other relevant Department offices and components, or
other Federal agencies, as appropriate, serve as the principal
Department official responsible for sharing to the private sector
information regarding counter UAS technology, particularly information
regarding instances in which counter UAS technology may impact lawful
private sector services or systems.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 320 the following:
``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.
[[Page 134 STAT. 2297]]
TITLE VIII--WHISTLEBLOWER PROTECTION
SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE
EMPLOYEES.
Section 4712 of title 41, United States Code, is amended--
(1) in subsection (a)(2)(G), by striking ``or grantee'' and
inserting ``grantee, or subgrantee'';
(2) in subsection (a)(3)(A), by striking ``contractor,
subcontractor, or grantee'' and inserting ``contractor,
subcontractor, grantee, or subgrantee'';
(3) in subsection (b)(1), by striking ``contractor or
grantee'' and inserting ``contractor, subcontractor, grantee, or
subgrantee'';
(4) in subsection (c), by striking ``contractor or grantee''
each place it appears and inserting ``contractor, subcontractor,
grantee, or subgrantee'';
(5) in subsection (d), by striking ``and grantees'' and
inserting ``grantees, and subgrantees''; and
(6) in subsection (f), by striking ``or grantee'' each place
it appears and inserting ``grantee, or subgrantee''.
TITLE IX <<NOTE: DOTGOV Online Trust in Government Act of 2020.>> --
DOTGOV ACT OF 2020
SEC. 901. <<NOTE: 6 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``DOTGOV Online Trust in Government
Act of 2020'' or the ``DOTGOV Act of 2020''.
SEC. 902. <<NOTE: 6 USC 665 note.>> FINDINGS.
Congress finds that--
(1) the .gov internet domain reflects the work of United
States innovators in inventing the internet and the role that
the Federal Government played in guiding the development and
success of the early internet;
(2) the .gov internet domain is a unique resource of the
United States that reflects the history of innovation and global
leadership of the United States;
(3) when online public services and official communications
from any level and branch of government use the .gov internet
domain, they are easily recognized as official and difficult to
impersonate;
(4) the citizens of the United States deserve online public
services that are safe, recognizable, and trustworthy;
(5) the .gov internet domain should be available at no cost
or a negligible cost to any Federal, State, local, or
territorial government-operated or publicly controlled entity,
including any Tribal government recognized by the Federal
Government or a State government, for use in their official
services, operations, and communications;
(6) the .gov internet domain provides a critical service to
those Federal, State, local, Tribal, and territorial
governments; and
(7) the .gov internet domain should be operated
transparently and in the spirit of public accessibility,
privacy, and security.
[[Page 134 STAT. 2298]]
SEC. 903. <<NOTE: 6 USC 665 note.>> DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
General Services;
(2) the term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code;
(3) the term ``Director'' means the Director of the
Cybersecurity and Infrastructure Security Agency;
(4) the term ``online service'' means any internet-facing
service, including a website, email, a virtual private network,
or a custom application; and
(5) the term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United
States.
SEC. 904. <<NOTE: 6 USC 665 note.>> DUTIES OF DEPARTMENT OF
HOMELAND SECURITY.
(a) Purpose.--The purpose of the .gov internet domain program is
to--
(1) legitimize and enhance public trust in government
entities and their online services;
(2) facilitate trusted electronic communication and
connections to and from government entities;
(3) provide simple and secure registration of .gov internet
domains;
(4) improve the security of the services hosted within these
.gov internet domains, and of the .gov namespace in general; and
(5) enable the discoverability of government services to the
public and to domain registrants.
(b) Duties and Authorities Relating to the .gov Internet Domain.--
(1) In general.--Subtitle A of title XXII of the Homeland
Security Act (6 U.S.C. 651 et seq.) is amended--
(A) in section 2202(c) (6 U.S.C. 652(c))--
(i) in paragraph (10), by striking ``and'' at
the end;
(ii) by redesignating paragraph (11) as
paragraph (12); and
(iii) by inserting after paragraph (10) the
following:
``(11) carry out the duties and authorities relating to the
.gov internet domain, as described in section 2215; and''; and
(B) by adding at the end the following:
``SEC. 2215. <<NOTE: 6 USC 665.>> DUTIES AND AUTHORITIES RELATING
TO .GOV INTERNET DOMAIN.
``(a) Definition.--In this section, the term `agency' has the
meaning given the term in section 3502 of title 44, United States Code.
``(b) Availability of .gov Internet Domain.--The Director shall make
.gov internet domain name registration services, as well as any
supporting services described in subsection (e), generally available--
``(1) to any Federal, State, local, or territorial
government entity, or other publicly controlled entity,
including any Tribal government recognized by the Federal
Government or a State
[[Page 134 STAT. 2299]]
government, that complies with the requirements for registration
developed by the Director as described in subsection (c);
``(2) without conditioning registration on the sharing of
any information with the Director or any other Federal entity,
other than the information required to meet the requirements
described in subsection (c); and
``(3) without conditioning registration on participation in
any separate service offered by the Director or any other
Federal entity.
``(c) <<NOTE: Consultation. Public information. Web posting.>>
Requirements.--The Director, with the approval of the Director of the
Office of Management and Budget for agency .gov internet domain
requirements and in consultation with the Director of the Office of
Management and Budget for .gov internet domain requirements for entities
that are not agencies, shall establish and publish on a publicly
available website requirements for the registration and operation of
.gov internet domains sufficient to--
``(1) minimize the risk of .gov internet domains whose names
could mislead or confuse users;
``(2) establish that .gov internet domains may not be used
for commercial or political campaign purposes;
``(3) ensure that domains are registered and maintained only
by authorized individuals; and
``(4) limit the sharing or use of any information obtained
through the administration of the .gov internet domain with any
other Department component or any other agency for any purpose
other than the administration of the .gov internet domain, the
services described in subsection (e), and the requirements for
establishing a .gov inventory described in subsection (h).
``(d) Executive Branch.--
``(1) <<NOTE: Guidelines.>> In general.--The Director of
the Office of Management and Budget shall establish applicable
processes and guidelines for the registration and acceptable use
of .gov internet domains by agencies.
``(2) Approval required.--The Director shall obtain the
approval of the Director of the Office of Management and Budget
before registering a .gov internet domain name for an agency.
``(3) Compliance.--Each agency shall ensure that any website
or digital service of the agency that uses a .gov internet
domain is in compliance with the 21st Century IDEA Act (44
U.S.C. 3501 note) and implementation guidance issued pursuant to
that Act.
``(e) Supporting Services.--
``(1) In general.--The Director may provide services to the
entities described in subsection (b)(1) specifically intended to
support the security, privacy, reliability, accessibility, and
speed of registered .gov internet domains.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to--
``(A) limit other authorities of the Director to
provide services or technical assistance to an entity
described in subsection (b)(1); or
``(B) establish new authority for services other
than those the purpose of which expressly supports the
operation of .gov internet domains and the needs of .gov
internet domain registrants.
[[Page 134 STAT. 2300]]
``(f) Fees.--
``(1) In general.--The Director may provide any service
relating to the availability of the .gov internet domain
program, including .gov internet domain name registration
services described in subsection (b) and supporting services
described in subsection (e), to entities described in subsection
(b)(1) with or without reimbursement, including variable
pricing.
``(2) Limitation.--The total fees collected for new .gov
internet domain registrants or annual renewals of .gov internet
domains shall not exceed the direct operational expenses of
improving, maintaining, and operating the .gov internet domain,
.gov internet domain services, and .gov internet domain
supporting services.
``(g) Consultation.--The Director shall consult with the Director of
the Office of Management and Budget, the Administrator of General
Services, other civilian Federal agencies as appropriate, and entities
representing State, local, Tribal, or territorial governments in
developing the strategic direction of the .gov internet domain and in
establishing requirements under subsection (c), in particular on matters
of privacy, accessibility, transparency, and technology modernization.
``(h) .gov Inventory.--
``(1) In general.--The Director shall, on a continuous
basis--
``(A) inventory all hostnames and services in active
use within the .gov internet domain; and
``(B) provide the data described in subparagraph (A)
to domain registrants at no cost.
``(2) Requirements.--In carrying out paragraph (1)--
``(A) data may be collected through analysis of
public and non-public sources, including commercial data
sets;
``(B) the Director shall share with Federal and non-
Federal domain registrants all unique hostnames and
services discovered within the zone of their registered
domain;
``(C) the Director shall share any data or
information collected or used in the management of the
.gov internet domain name registration services relating
to Federal executive branch registrants with the
Director of the Office of Management and Budget for the
purpose of fulfilling the duties of the Director of the
Office of Management and Budget under section 3553 of
title 44, United States Code;
``(D) <<NOTE: Public information. Web posting.>>
the Director shall publish on a publicly available
website discovered hostnames that describe publicly
accessible agency websites, to the extent consistent
with the security of Federal information systems but
with the presumption of disclosure;
``(E) <<NOTE: Public information. Web posting.>>
the Director may publish on a publicly available website
any analysis conducted and data collected relating to
compliance with Federal mandates and industry best
practices, to the extent consistent with the security of
Federal information systems but with the presumption of
disclosure; and
``(F) the Director shall--
``(i) collect information on the use of
non-.gov internet domain suffixes by agencies for
their official online services;
[[Page 134 STAT. 2301]]
``(ii) collect information on the use of
non-.gov internet domain suffixes by State, local,
Tribal, and territorial governments; and
``(iii) <<NOTE: Web posting. Public
information.>> publish the information collected
under clause (i) on a publicly available website
to the extent consistent with the security of the
Federal information systems, but with the
presumption of disclosure.
``(3) National security coordination.--
``(A) In general.--In carrying out this subsection,
the Director shall inventory, collect, and publish
hostnames and services in a manner consistent with the
protection of national security information.
``(B) Limitation.--The Director may not inventory,
collect, or publish hostnames or services under this
subsection if the Director, in coordination with other
heads of agencies, as appropriate, determines that the
collection or publication would--
``(i) disrupt a law enforcement investigation;
``(ii) endanger national security or
intelligence activities;
``(iii) impede national defense activities or
military operations; or
``(iv) hamper security remediation actions.
``(4) <<NOTE: Deadline.>> Strategy.--Not later than 180
days after the date of enactment of this section, the Director
shall develop and submit to the Committee on Homeland Security
and Governmental Affairs and the Committee on Rules and
Administration of the Senate and the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on House Administration of the House of
Representatives a strategy to utilize the information collected
under this subsection for countering malicious cyber
activity.''.
(2) Additional duties.--
(A) <<NOTE: Deadline. Consultation. Determination.>>
Outreach strategy.--Not later than 1 year after the date
of enactment of this Act, the Director, in consultation
with the Administrator and entities representing State,
local, Tribal, or territorial governments, shall develop
and submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Rules and
Administration of the Senate and the Committee on
Homeland Security, the Committee on Oversight and
Reform, and the Committee on House Administration of the
House of Representatives an outreach strategy to local,
Tribal, and territorial governments and other publicly
controlled entities as determined by the Director to
inform and support migration to the .gov internet
domain, which shall include--
(i) stakeholder engagement plans; and
(ii) information on how migrating information
technology systems to the .gov internet domain is
beneficial to that entity, including benefits
relating to cybersecurity and the supporting
services offered by the Federal Government.
(B) <<NOTE: Deadline. Consultation. Public
information. Web posting. 6 USC 665 note.>> Reference
guide.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation
with the Administrator and entities representing State,
local, Tribal, or territorial governments, shall develop
and
[[Page 134 STAT. 2302]]
publish on a publicly available website a reference
guide for migrating online services to the .gov internet
domain, which shall include--
(i) process and technical information on how
to carry out a migration of common categories of
online services, such as web and email services;
(ii) best practices for cybersecurity
pertaining to registration and operation of a .gov
internet domain; and
(iii) references to contract vehicles and
other private sector resources vetted by the
Director that may assist in performing the
migration.
(C) <<NOTE: Deadline. Time period.>> Security
enhancement plan.--Not later than 1 year after the date
of enactment of this Act, the Director shall develop and
submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Rules and
Administration of the Senate and the Committee on
Homeland Security, the Committee on Oversight and
Reform, and the Committee on House Administration of the
House of Representatives a .gov internet domain security
enhancement strategy and implementation plan on how to
improve the cybersecurity benefits of the .gov internet
domain during the 5-year period following the date of
enactment of this Act, which shall include--
(i) a modernization plan for the information
systems that support operation of the .gov top-
level internet domain, such as the registrar
portal, and how these information systems will
remain current with evolving security trends;
(ii) a modernization plan for the structure of
the .gov program and any supporting contracts, and
how the program and contracts can remain flexible
over time so as to take advantage of emerging
technology and cybersecurity developments; and
(iii) an outline of specific security
enhancements the .gov program intends to provide
to users during that 5-year period.
(3) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-196; 116 Stat. 2135) is amended by inserting
after the item relating to section 2214 the following:
``Sec. 2215. Duties and authorities relating to .gov internet domain.''.
(c) Homeland Security Grants.--Section 2008(a) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) by redesignating paragraph (14) as paragraph (15); and
(3) by inserting after paragraph (13) the following:
``(14) migrating any online service (as defined in section 3
of the DOTGOV Online Trust in Government Act of 2020) to the
.gov internet domain; and''.
SEC. 905. REPORT.
Not later than 1 year after the date of enactment of this Act, and
every 2 years thereafter for 4 years, the Director shall submit a report
to or conduct a detailed briefing for the Committee
[[Page 134 STAT. 2303]]
on Homeland Security and Governmental Affairs and the Committee on Rules
and Administration of the Senate and the Committee on Homeland Security,
the Committee on Oversight and Reform, and the Committee on House
Administration of the House of Representatives on the status of--
(1) the outreach strategy described in section 904(b)(2)(A);
(2) the security enhancement strategy and implementation
plan described in section 904(b)(2)(C);
(3) the inventory described in 2215(f) of the Homeland
Security Act of 2002, as added by section 904(b) of this Act;
(4) the supporting services described in section 2215(c)(1)
of the Homeland Security Act of 2002, as added by section 904(b)
of this Act; and
(5) the development, assessment, and determination of the
amount of any fees imposed on new .gov internet domain
registrants or annual renewals of .gov internet domains in
accordance with section 2215(d) of the Homeland Security Act of
2002, as added by section 904(b) of this Act.
SEC. 906. <<NOTE: Study. Reports.>> RESEARCH AND DEVELOPMENT.
Not later than 1 year after the date of enactment of this Act, the
Under Secretary for Science and Technology of the Department shall
conduct a study and submit to the Director a report on mechanisms for
improving the cybersecurity benefits of the .gov internet domain,
including--
(1) how information systems support operation of the .gov
top-level internet domain, such as the registrar portal, and how
these information systems can remain current with evolving
security trends;
(2) how the structure of the .gov internet domain program
can take advantage of emerging technology and cybersecurity
developments; and
(3) additional mechanisms to improve the cybersecurity of
the .gov internet domain.
SEC. 907. <<NOTE: Deadline. 6 USC 665 note.>> TRANSITION.
(a) There shall be transferred to the Director the .gov internet
domain program, as operated by the General Services Administration under
title 41, Code of Federal Regulations, on the date on which the Director
begins operational administration of the .gov internet domain program,
in accordance with subsection (c).
(b) <<NOTE: Plan.>> Not later than 30 days after the date of
enactment of this Act, the Director shall submit a plan for the
operational and contractual transition of the .gov internet domain
program to the Committee on Homeland Security and Governmental Affairs
and the Committee on Rules and Administration of the Senate and the
Committee on Homeland Security, the Committee on Oversight and Reform,
and the Committee on House Administration of the House of
Representatives.
(c) Not later than 120 days after the date of enactment of this Act,
the Director shall begin operationally administering the .gov internet
domain program, and shall publish on a publicly available website the
requirements for domain registrants as described in section 2215(b) of
the Homeland Security Act of 2002, as added by section 904(b) of this
Act.
(d) On the date on which the Director begins operational
administration of the .gov internet domain program, in accordance
[[Page 134 STAT. 2304]]
with subsection (c), the Administrator shall rescind the requirements in
part 102-173 of title 41, Code of Federal Regulations.
(e) <<NOTE: Time period.>> During the 5-year period beginning on
the date of enactment of this Act, any fee charged to entities that are
not agencies for new .gov internet domain registrants or annual renewals
of .gov internet domains shall be not more than the amount of the fee
charged for such registration or renewal as of October 1, 2019.
TITLE X <<NOTE: REAL ID Modernization Act.>> --REAL ID MODERNIZATION ACT
SEC. 1001. REAL ID MODERNIZATION.
(a) <<NOTE: 49 USC 30101 note.>> Short Title.--This title may be
cited as the ``REAL ID Modernization Act''.
(b) REAL ID Act Amendments.--
(1) Definitions.--Section 201 of the REAL ID Act of 2005
(division B of Public Law 109-13; 49 U.S.C. 30301 note) is
amended--
(A) in paragraph (1)--
(i) by striking ``The term `driver's license'
means'' and inserting the following: ``The term
`driver's license'--
``(A) means''; and
(ii) by striking ``Code.'' and inserting the
following: ``Code; and
``(B) includes driver's licenses stored or accessed
via electronic means, such as mobile or digital driver's
licenses, which have been issued in accordance with
regulations prescribed by the Secretary.''; and
(B) in paragraph (2)--
(i) by striking ``The term `identification
card' means'' and inserting the following: ``The
term `identification card'--
``(A) means''; and
(ii) by striking ``State.'' and inserting the
following: ``State; and
``(B) includes identification cards stored or
accessed via electronic means, such as mobile or digital
identification cards, which have been issued in
accordance with regulations prescribed by the
Secretary.''.
(2) Minimum requirements for federal recognition.--Section
202 of the REAL ID Act of 2005 (division B of Public Law 109-13;
49 U.S.C. 30301 note) is amended--
(A) in the section heading, by striking
``<SUP>document</SUP>'';
(B) in subsection (a)--
(i) in paragraph (2), by striking ``, in
consultation with the Secretary of
Transportation,''; and
(ii) by adding at the end the following:
``(3) Limitation.--The presentation of digital information
from a mobile or digital driver's license or identification card
to an official of a Federal agency for an official purpose may
not be construed to grant consent for such Federal agency to
seize the electronic device on which the license or card is
stored or to examine any other information contained on such
device.'';
(C) in subsection (b)--
[[Page 134 STAT. 2305]]
(i) in the subsection heading, by striking
``Document'' and inserting ``Driver's License and
Identification Card'';
(ii) in the matter preceding paragraph (1), by
inserting ``, or as part of,'' after ``features
on'';
(iii) in paragraph (5), by inserting ``, which
may be the photograph taken by the State at the
time the person applies for a driver's license or
identification card or may be a digital photograph
of the person that is already on file with the
State'' before the period at the end;
(iv) in paragraph (6), by striking
``principle'' and inserting ``principal''; and
(v) in paragraph (8)--
(I) by striking ``Physical
security'' and inserting ``Security'';
and
(II) by striking ``document'' and
inserting ``driver's license or
identification card'';
(D) in subsection (c)--
(i) in paragraph (1)(C), by striking ``Proof
of the'' and inserting ``The'';
(ii) by redesignating paragraph (3) as
paragraph (4);
(iii) by inserting after paragraph (2) the
following:
``(3) Electronic presentation of identity and lawful status
information.--A State may accept information required under
paragraphs (1) and (2) through the use of electronic
transmission methods if--
``(A) <<NOTE: Regulations.>> the Secretary issues
regulations regarding such electronic transmission
that--
``(i) describe the categories of information
eligible for electronic transmission; and
``(ii) include measures--
``(I) to ensure the authenticity of
the information transmitted;
``(II) to protect personally
identifiable information; and
``(III) to detect and prevent
identity fraud; and
``(B) <<NOTE: Certification.>> the State certifies
to the Department of Homeland Security that its use of
such electronic methods complies with regulations issued
by the Secretary.''; and
(iv) in paragraph (4)(A), as redesignated, by
striking ``each document'' and inserting ``the
information and documentation''; and
(E) in subsection (d)--
(i) in paragraph (7), by striking ``document
materials and papers'' and inserting ``materials,
records, and data'';
(ii) in paragraph (8), by striking ``security
clearance requirements'' and inserting
``background checks''; and
(iii) in paragraph (9), by striking
``fraudulent document recognition'' and inserting
``fraud detection and prevention''.
(3) Repeal of grants to states.--The REAL ID Act of 2005
(division B of Public Law 109-13; 49 U.S.C. 30301 note) is
amended by striking section 204.
[[Page 134 STAT. 2306]]
(4) Notification of real id act of 2005 requirements.--The
REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
30301 note) is amended by adding at the end the following:
``SEC. 208. <<NOTE: Time period.>> NOTIFICATION OF REQUIREMENTS
AND DEADLINES.
``During the 15-month period beginning 90 days before the date on
which Federal agencies will no longer accept, for official purposes,
driver's licenses and identification cards that do not comply with the
requirements under section 202, aircraft operators and third party
reservation entities shall notify passengers about the requirements and
enforcement deadlines under this Act.''.
(c) <<NOTE: 49 USC 30301 note.>> Immediate Burden Reduction
Measures.--Notwithstanding any other provision of law (including
regulations), beginning on the date of the enactment of this Act, a
State does not need to require an applicant for a driver's license or
identification card to provide separate documentation of the applicant's
Social Security account number in order to comply with the requirements
of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
30301 note).
TITLE XI <<NOTE: Southwest Border Security Technology Improvement Act of
2020.>> --SOUTHWEST BORDER SECURITY TECHNOLOGY IMPROVEMENT ACT OF 2020
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Southwest Border Security
Technology Improvement Act of 2020''.
SEC. 1102. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Southwest border.--The term ``Southwest border'' means
the international land border between the United States and
Mexico, including the ports of entry along such border.
SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND UPDATES.
(a) <<NOTE: Deadline.>> Technology Needs Analysis.--Not later than
1 year after the date of the enactment of this Act, the Secretary shall
submit, to the appropriate congressional committees, a technology needs
analysis for border security technology along the Southwest border.
(b) <<NOTE: Assessment.>> Contents.--The analysis required under
subsection (a) shall include an assessment of--
(1) the technology needs and gaps along the Southwest
border--
[[Page 134 STAT. 2307]]
(A) to prevent terrorists and instruments of terror
from entering the United States;
(B) to combat and reduce cross-border criminal
activity, including, but not limited to--
(i) the transport of illegal goods, such as
illicit drugs; and
(ii) human smuggling and human trafficking;
and
(C) to facilitate the flow of legal trade across the
Southwest border;
(2) recent technological advancements in--
(A) manned aircraft sensor, communication, and
common operating picture technology;
(B) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(C) surveillance technology, including--
(i) mobile surveillance vehicles;
(ii) associated electronics, including
cameras, sensor technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance sensors;
and
(v) deployable, lighter-than-air, ground
surveillance equipment;
(D) nonintrusive inspection technology, including
non-X-ray devices utilizing muon tomography and other
advanced detection technology;
(E) tunnel detection technology; and
(F) communications equipment, including--
(i) radios;
(ii) long-term evolution broadband; and
(iii) miniature satellites;
(3) <<NOTE: Determination.>> any other technological
advancements that the Secretary determines to be critical to the
Department's mission along the Southwest border;
(4) whether the use of the technological advances described
in paragraphs (2) and (3) will--
(A) improve border security;
(B) improve the capability of the Department to
accomplish its mission along the Southwest border;
(C) reduce technology gaps along the Southwest
border; and
(D) enhance the safety of any officer or agent of
the Department or any other Federal agency;
(5) the Department's ongoing border security technology
development efforts, including efforts by--
(A) U.S. Customs and Border Protection;
(B) the Science and Technology Directorate; and
(C) the technology assessment office of any other
operational component;
(6) the technology needs for improving border security, such
as--
(A) information technology or other computer or
computing systems data capture;
(B) biometrics;
(C) cloud storage; and
(D) intelligence data sharing capabilities among
agencies within the Department;
[[Page 134 STAT. 2308]]
(7) <<NOTE: Determination.>> any other technological needs
or factors, including border security infrastructure, such as
physical barriers or dual-purpose infrastructure, that the
Secretary determines should be considered; and
(8) currently deployed technology or new technology that
would improve the Department's ability--
(A) to reasonably achieve operational control and
situational awareness along the Southwest border; and
(B) to collect metrics for securing the border at
and between ports of entry, as required under
subsections (b) and (c) of section 1092 of division A of
the National Defense Authorization Act for Fiscal Year
2017 (6 U.S.C. 223).
(c) Updates.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the submission of the analysis required under subsection
(a), and biannually thereafter for the following 4 years, the
Secretary shall submit an update to such analysis to the
appropriate congressional committees.
(2) <<NOTE: Plan.>> Contents.--Each update required under
paragraph (1) shall include a plan for utilizing the resources
of the Department to meet the border security technology needs
and gaps identified pursuant to subsection (b), including
developing or acquiring technologies not currently in use by the
Department that would allow the Department to bridge existing
border technology gaps along the Southwest border.
(d) Items to Be Considered.--In compiling the technology needs
analysis and updates required under this section, the Secretary shall
consider and examine--
(1) technology that is deployed and is sufficient for the
Department's use along the Southwest border;
(2) technology that is deployed, but is insufficient for the
Department's use along the Southwest border; and
(3) technology that is not deployed, but is necessary for
the Department's use along the Southwest border;
(4) current formal departmental requirements documentation
examining current border security threats and challenges faced
by any component of the Department;
(5) trends and forecasts regarding migration across the
Southwest border;
(6) the impact on projected staffing and deployment needs
for the Department, including staffing needs that may be
fulfilled through the use of technology;
(7) the needs and challenges faced by employees of the
Department who are deployed along the Southwest border;
(8) the need to improve cooperation among Federal, State,
tribal, local, and Mexican law enforcement entities to enhance
security along the Southwest border;
(9) the privacy implications of existing technology and the
acquisition and deployment of new technologies and supporting
infrastructure, with an emphasis on how privacy risks might be
mitigated through the use of technology, training, and policy;
(10) the impact of any ongoing public health emergency that
impacts Department operations along the Southwest border; and
(11) the ability of, and the needs for, the Department to
assist with search and rescue efforts for individuals or groups
that may be in physical danger or in need of medical assistance.
[[Page 134 STAT. 2309]]
(e) Classified Form.--To the extent possible, the Secretary shall
submit the technology needs analysis and updates required under this
section in unclassified form, but may submit such documents, or portions
of such documents, in classified form if the Secretary determines that
such action is appropriate.
DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
TITLE I-- <<NOTE: Aircraft Certification, Safety, and Accountability
Act.>> AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 49 USC 40101 note.>> Short Title.--This title may be
cited as the ``Aircraft Certification, Safety, and Accountability Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
Sec. 101. Short title; table of contents.
Sec. 102. Safety management systems.
Sec. 103. Expert review of organization designation authorizations for
transport airplanes.
Sec. 104. Certification oversight staff.
Sec. 105. Disclosure of safety critical information.
Sec. 106. Limitation on delegation.
Sec. 107. Oversight of organization designation authorization unit
members.
Sec. 108. Integrated project teams.
Sec. 109. Oversight integrity briefing.
Sec. 110. Appeals of certification decisions.
Sec. 111. Employment restrictions.
Sec. 112. Professional development, skills enhancement, continuing
education and training.
Sec. 113. Voluntary safety reporting program.
Sec. 114. Compensation limitation.
Sec. 115. System safety assessments and other requirements.
Sec. 116. Flight crew alerting.
Sec. 117. Changed product rule.
Sec. 118. Whistleblower protections.
Sec. 119. Domestic and international pilot training.
Sec. 120. Nonconformity with approved type design.
Sec. 121. Implementation of recommendations.
Sec. 122. Oversight of FAA compliance program.
Sec. 123. Settlement agreement.
Sec. 124. Human factors education program.
Sec. 125. Best practices for organization designation authorizations.
Sec. 126. Human factors research.
Sec. 127. FAA Center of Excellence for automated systems and human
factors in aircraft.
Sec. 128. Pilot operational evaluations.
Sec. 129. Ensuring appropriate responsibility of aircraft certification
and flight standards performance objectives and metrics.
Sec. 130. Transport airplane risk assessment methodology.
Sec. 131. National air grant fellowship program.
Sec. 132. Emerging safety trends in aviation.
Sec. 133. FAA accountability enhancement.
Sec. 134. Authorization of appropriations for the advanced materials
center of excellence.
Sec. 135. Promoting Aviation Regulations for Technical Training.
Sec. 136. Independent study on type certification reform.
Sec. 137. Definitions.
SEC. 102. SAFETY MANAGEMENT SYSTEMS.
(a) <<NOTE: 49 USC 44701 note.>> Rulemaking Proceeding.--
[[Page 134 STAT. 2310]]
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of enactment of this title, the Administrator
shall initiate a rulemaking proceeding to require that
manufacturers that hold both a type certificate and a production
certificate issued pursuant to section 44704 of title 49, United
States Code, where the United States is the State of Design and
State of Manufacture, have in place a safety management system
that is consistent with the standards and recommended practices
established by ICAO and contained in annex 19 to the Convention
on International Civil Aviation (61 Stat. 1180), for such
systems.
(2) Contents of regulations.--The regulations issued under
paragraph (1) shall, at a minimum--
(A) ensure safety management systems are consistent
with, and complementary to, existing safety management
systems;
(B) include provisions that would permit operational
feedback from operators and pilots qualified on the
manufacturers' equipment to ensure that the operational
assumptions made during design and certification remain
valid;
(C) include provisions for the Administrator's
approval of, and regular oversight of adherence to, a
certificate holder's safety management system adopted
pursuant to such regulations; and
(D) <<NOTE: Requirement. Deadline.>> require such
certificate holder to adopt, not later than 4 years
after the date of enactment of this title, a safety
management system.
(b) Final Rule Deadline.--Not later than 24 months after initiating
the rulemaking under subsection (a), the Administrator shall issue a
final rule.
(c) Surveillance and Audit Requirement.--The final rule issued
pursuant to subsection (b) shall include a requirement for the
Administrator to implement a systems approach to risk-based surveillance
by defining and planning inspections, audits, and monitoring activities
on a continuous basis, to ensure that design and production approval
holders of aviation products meet and continue to meet safety management
system requirements under the rule.
(d) Engagement With ICAO.--The Administrator shall engage with ICAO
and foreign civil aviation authorities to help encourage the adoption of
safety management systems for manufacturers on a global basis,
consistent with ICAO standards.
(e) <<NOTE: Requirements. Summary. Time period.>> Safety Reporting
Program.--The regulations issued under subsection (a) shall require a
safety management system to include a confidential employee reporting
system through which employees can report hazards, issues, concerns,
occurrences, and incidents. A reporting system under this subsection
shall include provisions for reporting, without concern for reprisal for
reporting, of such items by employees in a manner consistent with
confidential employee reporting systems administered by the
Administrator. Such regulations shall also require a certificate holder
described in subsection (a) to submit a summary of reports received
under this subsection to the Administrator at least twice per year.
(f) <<NOTE: Requirement. Determination.>> Code of Ethics.--The
regulations issued under subsection (a) shall require a safety
management system to include establishment of a code of ethics
applicable to all appropriate employees of a certificate holder,
including officers (as determined by the
[[Page 134 STAT. 2311]]
FAA), which clarifies that safety is the organization's highest
priority.
(g) Protection of Safety Information.--Section 44735(a) of title 49,
United States Code, is amended--
(1) by striking ``title 5 if the report'' and inserting the
following: ``title 5--
``(1) if the report'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) if the report, data, or other information is submitted
to the Federal Aviation Administration pursuant to section
102(e) of the Aircraft Certification, Safety, and Accountability
Act.''.
SEC. 103. <<NOTE: 49 USC 44736 note.>> EXPERT REVIEW OF
ORGANIZATION DESIGNATION AUTHORIZATIONS
FOR TRANSPORT AIRPLANES.
(a) Expert Review.--
(1) <<NOTE: Deadline. Recommenda- tions.>> Establishment.--
Not later than 30 days after the date of enactment of this
title, the Administrator shall convene an expert panel (in this
section referred to as the ``review panel'') to review and make
findings and recommendations on the matters listed in paragraph
(2).
(2) Contents of review.--With respect to each holder of an
organization designation authorization for the design and
production of transport airplanes, the review panel shall review
the following:
(A) The extent to which the holder's safety
management processes promote or foster a safety culture
consistent with the principles of the International
Civil Aviation Organization Safety Management Manual,
Fourth Edition (International Civil Aviation
Organization Doc. No. 9859) or any similar successor
document.
(B) The effectiveness of measures instituted by the
holder to instill, among employees and contractors of
such holder that support organization designation
authorization functions, a commitment to safety above
all other priorities.
(C) The holder's capability, based on the holder's
organizational structures, requirements applicable to
officers and employees of such holder, and safety
culture, of making reasonable and appropriate decisions
regarding functions delegated to the holder pursuant to
the organization designation authorization.
(D) <<NOTE: Determination.>> Any other matter
determined by the Administrator for which inclusion in
the review would be consistent with the public interest
in aviation safety.
(3) Composition of review panel.--The review panel shall
consist of--
(A) 2 representatives of the National Aeronautics
and Space Administration;
(B) 2 employees of the Administration's Aircraft
Certification Service with experience conducting
oversight of persons not involved in the design or
production of transport airplanes;
[[Page 134 STAT. 2312]]
(C) 1 employee of the Administration's Aircraft
Certification Service with experience conducting
oversight of persons involved in the design or
production of transport airplanes;
(D) 2 employees of the Administration's Flight
Standards Service with experience in oversight of safety
management systems;
(E) 1 appropriately qualified representative,
designated by the applicable represented organization,
of each of--
(i) a labor union representing airline pilots
involved in both passenger and all-cargo
operations;
(ii) a labor union, not selected under clause
(i), representing airline pilots with expertise in
the matters described in paragraph (2);
(iii) a labor union representing employees
engaged in the assembly of transport airplanes;
(iv) the certified bargaining representative
under section 7111 of title 5, United States Code,
for field engineers engaged in the audit or
oversight of an organization designation
authorization within the Aircraft Certification
Service of the Administration;
(v) the certified bargaining representative
for safety inspectors of the Administration; and
(vi) a labor union representing employees
engaged in the design of transport airplanes;
(F) 2 independent experts who have not served as a
political appointee in the Administration and--
(i) who hold either a baccalaureate or
postgraduate degree in the field of aerospace
engineering or a related discipline; and
(ii) who have a minimum of 20 years of
relevant applied experience;
(G) 4 air carrier employees whose job
responsibilities include administration of a safety
management system;
(H) 4 individuals representing 4 different holders
of organization designation authorizations, with
preference given to individuals representing holders of
organization designation authorizations for the design
or production of aircraft other than transport airplanes
or for the design or production of aircraft engines,
propellers, or appliances; and
(I) 1 individual holding a law degree and who has
expertise in the legal duties of a holder of an
organization designation authorization and the
interaction with the FAA, except that such individual
may not, within the 10-year period preceding the
individual's appointment, have been employed by, or
provided legal services to, the holder of an
organization designation authorization referenced in
paragraph (2).
(4) Recommendations.--The review panel shall make
recommendations to the Administrator regarding suggested actions
to address any deficiencies found after review of the matters
listed in paragraph (2).
(5) Report.--
(A) Submission.--Not later than 270 days after the
date of the first meeting of the review panel, the
review
[[Page 134 STAT. 2313]]
panel shall transmit to the Administrator and the
congressional committees of jurisdiction a report
containing the findings and recommendations of the
review panel regarding the matters listed in paragraph
(2), except that such report shall include--
(i) only such findings endorsed by 10 or more
individual members of the review panel; and
(ii) only such recommendations described in
paragraph (4) endorsed by 18 or more of the
individual members of the review panel.
(B) Dissenting views.--In submitting the report
required under this paragraph, the review panel shall
append to such report the dissenting views of any
individual member or group of members of the review
panel regarding the findings or recommendations of the
review panel.
(C) <<NOTE: Deadline. Web posting.>> Publication.--
Not later than 5 days after receiving the report under
subparagraph (A), the Administrator shall publish such
report, including any dissenting views appended to the
report, on the website of the Administration.
(D) Termination.--The review panel shall terminate
upon submission of the report under subparagraph (A).
(6) Administrative provisions.--
(A) <<NOTE: Records.>> Access to information.--The
review panel shall have authority to perform the
following actions if a majority of the total number of
review panel members consider each action necessary and
appropriate:
(i) Entering onto the premises of a holder of
an organization designation authorization
referenced in paragraph (2) for access to and
inspection of records or other purposes.
(ii) Notwithstanding any other provision of
law, accessing and inspecting unredacted records
directly necessary for the completion of the
panel's work under this section that are in the
possession of such holder of an organization
designation authorization or the Administration.
(iii) Interviewing employees of such holder of
an organization designation authorization or the
Administration as necessary for the panel to
complete its work.
(B) Disclosure of financial interests.--Each
individual serving on the review panel shall disclose to
the Administrator any financial interest held by such
individual, or a spouse or dependent of such individual,
in a business enterprise engaged in the design or
production of transport airplanes, aircraft engines
designed for transport airplanes, or major systems,
components, or parts thereof.
(C) Protection of proprietary information; trade
secrets.--
(i) <<NOTE: Records.>> Marking.--The
custodian of a record accessed under subparagraph
(A) may mark such record as proprietary or
containing a trade secret. A marking under this
subparagraph shall not be dispositive with respect
to whether such record contains any information
subject to legal protections from public
disclosure.
[[Page 134 STAT. 2314]]
(ii) Nondisclosure for non-federal government
participants.--
(I) Non-federal government
participants.--
<<NOTE: Contracts.>> Prior to
participating on the review panel, each
individual serving on the review panel
representing a non-Federal entity,
including a labor union, shall execute
an agreement with the Administrator in
which the individual shall be prohibited
from disclosing at any time, except as
required by law, to any person, foreign
or domestic, any non-public information
made accessible to the panel under
subparagraph (A).
(II) Federal employee
participants.--Federal employees serving
on the review panel as representatives
of the Federal Government and who are
required to protect proprietary
information and trade secrets under
section 1905 of title 18, United States
Code, shall not be required to execute
agreements under this subparagraph.
(iii) Protection of voluntarily submitted
safety information.--Information subject to
protection from disclosure by the Administration
in accordance with sections 40123 and 44735 of
title 49, United States Code, is deemed
voluntarily submitted to the Administration under
such sections when shared with the review panel
and retains its protection from disclosure
(including protection under section 552(b)(3) of
title 5, United States Code). The custodian of a
record subject to such protection may mark such
record as subject to statutory protections. A
marking under this subparagraph shall not be
dispositive with respect to whether such record
contains any information subject to legal
protections from public disclosure. Members of the
review panel will protect voluntarily submitted
safety information and other otherwise exempt
information to the extent permitted under
applicable law.
(iv) Protection of proprietary information and
trade secrets.--Members of the review panel will
protect proprietary information, trade secrets,
and other otherwise exempt information to the
extent permitted under applicable law.
(v) Resolving classification of information.--
If the <<NOTE: Determination.>> review panel and a
holder of an organization designation
authorization subject to review under this section
disagree as to the proper classification of
information described in this subparagraph, then
an employee of the Administration who is not a
political appointee shall determine the proper
classification of such information and whether
such information will be withheld, in part or in
full, from release to the public.
(D) Applicable law.--Public Law 92-463 shall not
apply to the panel established under this subsection.
(E) Financial interest defined.--In this paragraph,
the term ``financial interest''--
(i) excludes securities held in an index fund;
and
[[Page 134 STAT. 2315]]
(ii) includes--
(I) any current or contingent
ownership, equity, or security interest;
(II) an indebtedness or compensated
employment relationship; or
(III) any right to purchase or
acquire any such interest, including a
stock option or commodity future.
(b) FAA Authority.--
(1) In general.--After reviewing the findings of the review
panel submitted under subsection (a)(5), the Administrator may
limit, suspend, or terminate an organization designation
authorization subject to review under this section.
(2) Reinstatement.--The Administrator may condition
reinstatement of a limited, suspended, or terminated
organization designation authorization on the holder's
implementation of any corrective actions determined necessary by
the Administrator.
(3) Rule of construction.--Nothing in this subsection shall
be construed to limit the Administrator's authority to take any
action with respect to an organization designation
authorization, including limitation, suspension, or termination
of such authorization.
(c) Organization Designation Authorization Process Improvements.--
<<NOTE: Reports.>> Not later than 1 year after receipt of the
recommendations submitted under subsection (a)(5), the Administrator
shall report to the congressional committees of jurisdiction on--
(1) whether the Administrator has concluded that such holder
is able to safely and reliably perform all delegated functions
in accordance with all applicable provisions of chapter 447 of
title 49, United States Code, title 14, Code of Federal
Regulations, and other orders or requirements of the
Administrator, and, if not, the Administrator shall outline--
(A) the risk mitigations or other corrective
actions, including the implementation timelines of such
mitigations or actions, the Administrator has
established for or required of such holder as
prerequisites for a conclusion by the Administrator
under this paragraph; or
(B) the status of any ongoing investigatory actions;
(2) the status of implementation of each of the
recommendations of the review panel, if any, with which the
Administrator concurs;
(3) the status of procedures under which the Administrator
will conduct focused oversight of such holder's processes for
performing delegated functions with respect to the design of new
and derivative transport airplanes and the production of such
airplanes; and
(4) the Administrator's efforts, to the maximum extent
practicable and subject to appropriations, to increase the
number of engineers, inspectors, and other qualified technical
experts, as necessary to fulfill the requirements of this
section, in--
(A) each office of the Administration responsible
for dedicated oversight of such holder; and
(B) the System Oversight Division, or any successor
division, of the Aircraft Certification Service.
[[Page 134 STAT. 2316]]
(d) <<NOTE: Deadline. Web posting.>> Non-concurrence With
Recommendations.--Not later than 6 months after receipt of the
recommendations submitted under subsection (a)(5), with respect to each
recommendation of the review panel with which the Administrator does not
concur, if any, the Administrator shall publish on the website of the
Administration and submit to the congressional committees of
jurisdiction a detailed explanation as to why, including if the
Administrator believes implementation of such recommendation would not
improve aviation safety.
SEC. 104. <<NOTE: 49 USC 44701 note.>> CERTIFICATION OVERSIGHT
STAFF.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $27,000,000 for each of fiscal years
2021 through 2023 to recruit and retain engineers, safety inspectors,
human factors specialists, chief scientific and technical advisors,
software and cybersecurity experts, and other qualified technical
experts who perform duties related to the certification of aircraft,
aircraft engines, propellers, appliances, and new and emerging
technologies, and perform other regulatory activities.
(b) <<NOTE: Deadline. Review.>> In General.--Not later than 60 days
after the date of enactment of this title, and without duplicating any
recently completed or ongoing reviews, the Administrator shall initiate
a review of--
(1) the inspectors, human factors specialists, flight test
pilots, engineers, managers, and executives in the FAA who are
responsible for the certification of the design, manufacture,
and operation of aircraft intended for air transportation for
purposes of determining whether the FAA has the expertise and
capability to adequately understand the safety implications of,
and oversee the adoption of, new or innovative technologies,
materials, and procedures used by designers and manufacturers of
such aircraft; and
(2) the Senior Technical Experts Program to determine
whether the program should be enhanced or expanded to bolster
and support the programs of the FAA's Office of Aviation Safety,
with particular focus placed on the Aircraft Certification
Service and the Flight Standards Service (or any successor
organizations), particularly with respect to understanding the
safety implications of new or innovative technologies,
materials, aircraft operations, and procedures used by designers
and manufacturers of such aircraft.
(c) Deadline for Completion.--Not later than 270 days after the date
of enactment of this title, the Administrator shall complete the review
required by subsection (b).
(d) <<NOTE: Deadline.>> Briefing.--Not later than 30 days after the
completion of the review required by subsection (b), the Administrator
shall brief the congressional committees of jurisdiction on the results
of the review. The briefing shall include the following:
(1) <<NOTE: Analysis.>> An analysis of the Administration's
ability to hire safety inspectors, human factors specialists,
flight test pilots, engineers, managers, executives, scientists,
and technical advisors, who have the requisite expertise to
oversee new developments in aerospace design and manufacturing.
(2) <<NOTE: Plan.>> A plan for the Administration to
improve the overall expertise of the FAA's personnel who are
responsible for the oversight of the design and manufacture of
aircraft.
[[Page 134 STAT. 2317]]
(e) Consultation Requirement.--In completing the review under
subsection (b), the Administrator shall consult and collaborate with
appropriate stakeholders, including labor organizations (including those
representing aviation workers, FAA aviation safety engineers, human
factors specialists, flight test pilots, and FAA aviation safety
inspectors), and aerospace manufacturers.
(f) <<NOTE: Deadlines.>> Recruitment and Retention.--
(1) Bargaining units.--Not later than 30 days after the date
of enactment of this title, the Administrator shall begin
collaboration with the exclusive bargaining representatives of
engineers, safety inspectors, systems safety specialists, and
other qualified technical experts certified under section 7111
of title 5, United States Code, to improve recruitment of
employees for, and to implement retention incentives for
employees holding, positions with respect to the certification
of aircraft, aircraft engines, propellers, and appliances. If
the Administrator and such representatives are unable to reach
an agreement collaboratively, the Administrator and such
representatives shall negotiate in accordance with section
40122(a) of title 49, United States Code, to improve recruitment
and implement retention incentives for employees described in
subsection (a) who are covered under a collective bargaining
agreement.
(2) Other employees.--Notwithstanding any other provision of
law, not later than 30 days after the date of enactment of this
title, the Administrator shall initiate actions to improve
recruitment of, and implement retention incentives for, any
individual described in subsection (a) who is not covered under
a collective bargaining agreement.
(3) Rule of construction.--Nothing in this section shall be
construed to vest in any exclusive bargaining representative any
management right of the Administrator, as such right existed on
the day before the date of enactment of this title.
(4) Availability of appropriations.--Any action taken by the
Administrator under this section shall be subject to the
availability of appropriations authorized under subsection (a).
SEC. 105. DISCLOSURE OF SAFETY CRITICAL INFORMATION.
(a) Disclosure.--Section 44704 of title 49, United States Code, is
amended by striking subsection (e) and inserting the following:
``(e) Disclosure of Safety Critical Information.--
``(1) <<NOTE: Requirement.>> In general.--Notwithstanding a
delegation described in section 44702(d), the Administrator
shall require an applicant for, or holder of, a type certificate
for a transport category airplane covered under part 25 of title
14, Code of Federal Regulations, to submit safety critical
information with respect to such airplane to the Administrator
in such form, manner, or time as the Administrator may require.
Such safety critical information shall include--
``(A) any design and operational details, intended
functions, and failure modes of any system that, without
being commanded by the flight crew, commands the
operation of any safety critical function or feature
required for control of an airplane during flight or
that otherwise changes the flight path or airspeed of an
airplane;
[[Page 134 STAT. 2318]]
``(B) the design and operational details, intended
functions, failure modes, and mode annunciations of
autopilot and autothrottle systems, if applicable;
``(C) any failure or operating condition that the
applicant or holder anticipates or has concluded would
result in an outcome with a severity level of hazardous
or catastrophic, as defined in the appropriate
Administration airworthiness requirements and guidance
applicable to transport category airplanes defining risk
severity;
``(D) any adverse handling quality that fails to
meet the requirements of applicable regulations without
the addition of a software system to augment the flight
controls of the airplane to produce compliant handling
qualities; and
``(E) <<NOTE: Assessment.>> a system safety
assessment with respect to a system described in
subparagraph (A) or (B) or with respect to any component
or other system for which failure or erroneous operation
of such component or system could result in an outcome
with a severity level of hazardous or catastrophic, as
defined in the appropriate Administration airworthiness
requirements and guidance applicable to transport
category airplanes defining risk severity.
``(2) Ongoing communications.--
``(A) <<NOTE: Requirement.>> Newly discovered
information.--The Administrator shall require that an
applicant for, or holder of, a type certificate disclose
to the Administrator, in such form, manner, or time as
the Administrator may require, any newly discovered
information or design or analysis change that would
materially alter any submission to the Administrator
under paragraph (1).
``(B) <<NOTE: Assessment. Determination.>> System
development changes.--The Administrator shall establish
multiple milestones throughout the certification process
at which a proposed airplane system will be assessed to
determine whether any change to such system during the
certification process is such that such system should be
considered novel or unusual by the Administrator.
``(3) <<NOTE: Procedures.>> Flight manuals.--The
Administrator shall ensure that an airplane flight manual and a
flight crew operating manual (as appropriate or applicable) for
an airplane contains a description of the operation of a system
described in paragraph (1)(A) and flight crew procedures for
responding to a failure or aberrant operation of such system.
``(4) Civil penalty.--
``(A) Amount.--Notwithstanding section 46301, an
applicant for, or holder of, a type certificate that
knowingly violates paragraph (1), (2), or (3) of this
subsection shall be liable to the Administrator for a
civil penalty of not more than $1,000,000 for each
violation.
``(B) <<NOTE: Determination.>> Penalty
considerations.--In determining the amount of a civil
penalty under subparagraph (A), the Administrator shall
consider--
``(i) the nature, circumstances, extent, and
gravity of the violation, including the length of
time that such safety critical information was
known but not disclosed; and
[[Page 134 STAT. 2319]]
``(ii) with respect to the violator, the
degree of culpability, any history of prior
violations, and the size of the business concern.
``(5) Revocation and civil penalty for individuals.--
``(A) In general.--The Administrator shall revoke
any airline transport pilot certificate issued under
section 44703 held by any individual who, while acting
on behalf of an applicant for, or holder of, a type
certificate, knowingly makes a false statement with
respect to any of the matters described in subparagraphs
(A) through (E) of paragraph (1).
``(B) Authority to impose civil penalty.--The
Administrator may impose a civil penalty under section
46301 for each violation described in subparagraph (A).
``(6) Rule of construction.--Nothing in this subsection
shall be construed to affect or otherwise inhibit the authority
of the Administrator to deny an application by an applicant for
a type certificate or to revoke or amend a type certificate of a
holder of such certificate.
``(7) Definition of type certificate.--In this subsection,
the term `type certificate'--
``(A) means a type certificate issued under
subsection (a) or an amendment to such certificate; and
``(B) does not include a supplemental type
certificate issued under subsection (b).''.
(b) Civil Penalty Authority.--Section 44704 of title 49, United
States Code, is further amended by adding at the end the following:
``(f) Hearing Requirement.--The Administrator may find that a person
has violated subsection (a)(6) or paragraph (1), (2), or (3) of
subsection (e) and impose a civil penalty under the applicable
subsection only after notice and an opportunity for a hearing. The
Administrator shall provide a person--
``(1) <<NOTE: Notice.>> written notice of the violation and
the amount of penalty; and
``(2) the opportunity for a hearing under subpart G of part
13 of title 14, Code of Federal Regulations.''.
(c) <<NOTE: 49 USC 44704 note.>> Required Submission of Outline of
System Changes at the Beginning of the Certification Process.--
(1) <<NOTE: Deadlines. Procedures.>> In general.--Not later
than 180 days after the date of enactment of this title, the
Administrator shall initiate a process to revise procedures to
require an applicant for an amendment to a type certificate for
a transport category aircraft to disclose to the Administrator,
in a single document submitted at the beginning of the process
for amending such certificate, all new systems and intended
changes to existing systems then known to such applicant. The
Administrator shall finalize the revision of such procedures not
later than 18 months after initiating such process.
(2) Application.--Compliance with the procedures revised
pursuant to paragraph (1) shall not preclude an applicant from
making additional changes to aircraft systems as the design and
application process proceeds.
(3) Savings provision.--Nothing in this subsection may be
construed to limit the obligations of an applicant for an
amended type certificate for a transport category airplane under
[[Page 134 STAT. 2320]]
section 44704(e) of title 49, United States Code, as amended in
this title.
SEC. 106. LIMITATION ON DELEGATION.
Section 44702(d) of title 49, United States Code, is amended by
adding at the end the following:
``(4)(A) With respect to a critical system design feature of a
transport category airplane, the Administrator may not delegate any
finding of compliance with applicable airworthiness standards or review
of any system safety assessment required for the issuance of a
certificate, including a type certificate, or amended or supplemental
type certificate, under section 44704, until the Administrator has
reviewed and validated any underlying assumptions related to human
factors.
``(B) <<NOTE: Determination.>> The requirement under subparagraph
(A) shall not apply if the Administrator determines the matter involved
is a routine task.
``(C) <<NOTE: Definition.>> For purposes of subparagraph (A), the
term critical system design feature includes any feature (including a
novel or unusual design feature) for which the failure of such feature,
either independently or in combination with other failures, could result
in catastrophic or hazardous failure conditions, as those terms are
defined by the Administrator.''.
SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION UNIT
MEMBERS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44741. <<NOTE: 49 USC 44741.>> Approval of organization
designation authorization unit members
``(a) <<NOTE: Effective date.>> In General.--Beginning January 1,
2022, each individual who is selected on or after such date to become an
ODA unit member by an ODA holder engaged in the design of an aircraft,
aircraft engine, propeller, or appliance and performs an authorized
function pursuant to a delegation by the Administrator of the Federal
Aviation Administration under section 44702(d)--
``(1) shall be--
``(A) an employee, a contractor, or a consultant of
the ODA holder; or
``(B) the employee of a supplier of the ODA holder;
and
``(2) may not become a member of such unit unless approved
by the Administrator pursuant to this section.
``(b) Process and Timeline.--
``(1) In general.--The Administrator shall maintain an
efficient process for the review and approval of an individual
to become an ODA unit member under this section.
``(2) Process.--An ODA holder described in subsection (a)
may submit to the Administrator an application for an individual
to be approved to become an ODA unit member under this section.
The application shall be submitted in such form and manner as
the Administrator determines
appropriate. <<NOTE: Requirement.>> The Administrator shall
require an ODA holder to submit with such an application
information sufficient to demonstrate an individual's
qualifications under subsection (c).
``(3) Timeline.--The Administrator shall approve or reject
an individual that is selected by an ODA holder to become
[[Page 134 STAT. 2321]]
an ODA unit member under this section not later than 30 days
after the receipt of an application by an ODA holder.
``(4) Documentation of approval.--Upon approval of an
individual to become an ODA unit member under this section, the
Administrator shall provide such individual a letter confirming
that such individual has been approved by the Administrator
under this section to be an ODA unit member.
``(5) Reapplication.--An ODA holder may submit an
application under this subsection for an individual to become an
ODA unit member under this section regardless of whether an
application for such individual was previously rejected by the
Administrator.
``(c) Qualifications.--
``(1) In general.--The Administrator shall issue minimum
qualifications for an individual to become an ODA unit member
under this section. In issuing such qualifications, the
Administrator shall consider existing qualifications for
Administration employees with similar duties and whether such
individual--
``(A) is technically proficient and qualified to
perform the authorized functions sought;
``(B) has no recent record of serious enforcement
action, as determined by the Administrator, taken by the
Administrator with respect to any certificate, approval,
or authorization held by such individual;
``(C) is of good moral character (as such
qualification is applied to an applicant for an airline
transport pilot certificate issued under section 44703);
``(D) possesses the knowledge of applicable design
or production requirements in this chapter and in title
14, Code of Federal Regulations, necessary for
performance of the authorized functions sought;
``(E) possesses a high degree of knowledge of
applicable design or production principles, system
safety principles, or safety risk management processes
appropriate for the authorized functions sought; and
``(F) meets such testing, examination, training, or
other qualification standards as the Administrator
determines are necessary to ensure the individual is
competent and capable of performing the authorized
functions sought.
``(2) Previously rejected application.--In reviewing an
application for an individual to become an ODA unit member under
this section, if an application for such individual was
previously rejected, the Administrator shall ensure that the
reasons for the prior rejection have been resolved or mitigated
to the Administrator's satisfaction before making a
determination on the individual's reapplication.
``(d) Rescission of Approval.--The Administrator may rescind an
approval of an individual as an ODA unit member granted pursuant to this
section at any time and for any reason the Administrator considers
appropriate. <<NOTE: Procedures.>> The Administrator shall develop
procedures to provide for notice and opportunity to appeal rescission
decisions made by the Administrator. Such decisions by the Administrator
are not subject to judicial review.
``(e) Conditional Selections.--
``(1) <<NOTE: Time period.>> In general.--Subject to the
requirements of this subsection, the Administrator may authorize
an ODA holder to conditionally designate an individual to
perform the functions
[[Page 134 STAT. 2322]]
of an ODA unit member for a period of not more than 30 days
(beginning on the date an application for such individual is
submitted under subsection (b)(2)).
``(2) Required determination.--The Administrator may not
make an authorization under paragraph (1) unless--
``(A) the ODA holder has instituted, to the
Administrator's satisfaction, systems and processes to
ensure the integrity and reliability of determinations
by conditionally-designated ODA unit members; and
``(B) the ODA holder has instituted a safety
management system in accordance with regulations issued
by the Administrator under section 102 of the Aircraft
Certification, Safety, and Accountability Act.
``(3) Final determination.--The Administrator shall approve
or reject the application for an individual designated under
paragraph (1) in accordance with the timeline and procedures
described in subsection (b).
``(4) Rejection and review.--If the Administrator rejects
the application submitted under subsection (b)(2) for an
individual conditionally designated under paragraph (1), the
Administrator shall review and approve or disapprove any
decision pursuant to any authorized function performed by such
individual during the period such individual served as a
conditional designee.
``(5) Prohibitions.--Notwithstanding the requirements of
paragraph (2), the Administrator may prohibit an ODA holder from
making conditional designations of individuals as ODA unit
members under this subsection at any time for any reason the
Administrator considers appropriate. The Administrator may
prohibit any conditionally designated individual from performing
an authorized function at any time for any reason the
Administrator considers appropriate.
``(f) Records and Briefings.--
``(1) <<NOTE: Effective date. Time period. Determination.>>
In general.--Beginning on the date described in subsection (a),
an ODA holder shall maintain, for a period to be determined by
the Administrator and with proper protections to ensure the
security of sensitive and personal information--
``(A) any data, applications, records, or manuals
required by the ODA holder's approved procedures manual,
as determined by the Administrator;
``(B) the names, responsibilities, qualifications,
and example signature of each member of the ODA unit who
performs an authorized function pursuant to a delegation
by the Administrator under section 44702(d);
``(C) training records for ODA unit members and ODA
administrators; and
``(D) any other data, applications, records, or
manuals determined appropriate by the Administrator.
``(2) <<NOTE: Deadline. Time period.>> Congressional
briefing.--Not later than 90 days after the date of enactment of
this section, and every 90 days thereafter through September 30,
2023, the Administrator shall provide a briefing to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the implementation and effects
of this section, including--
``(A) the Administration's performance in completing
reviews of individuals and approving or denying such
[[Page 134 STAT. 2323]]
individuals within the timeline required under
subsection (b)(3);
``(B) for any individual rejected by the
Administrator under subsection (b) during the preceding
90-day period, the reasoning or basis for such
rejection; and
``(C) any resource, staffing, or other challenges
within the Administration associated with implementation
of this section.
``(g) Special Review of Qualifications.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 30
days after the issuance of minimum qualifications under
subsection (c), the Administrator shall initiate a review of the
qualifications of each individual who on the date on which such
minimum qualifications are issued is an ODA unit member of a
holder of a type certificate for a transport airplane to ensure
such individual meets the minimum qualifications issued by the
Administrator under subsection (c).
``(2) <<NOTE: Determinations.>> Unqualified individual.--
For any individual who is determined by the Administrator not to
meet such minimum qualifications pursuant to the review
conducted under paragraph (1), the Administrator--
``(A) shall determine whether the lack of
qualification may be remedied and, if so, provide such
individual with an action plan or schedule for such
individual to meet such qualifications; or
``(B) may, if the Administrator determines the lack
of qualification may not be remedied, take appropriate
action, including prohibiting such individual from
performing an authorized function.
``(3) Deadline.--The Administrator shall complete the review
required under paragraph (1) not later than 18 months after the
date on which such review was initiated.
``(4) Savings clause.--An individual approved to become an
ODA unit member of a holder of a type certificate for a
transport airplane under subsection (a) shall not be subject to
the review under this subsection.
``(h) Prohibition.--The Administrator may not authorize an
organization or ODA holder to approve an individual selected by an ODA
holder to become an ODA unit member under this section.
``(i) Definitions.--
``(1) General applicability.--The definitions contained in
section 44736(c) shall apply to this section.
``(2) Transport airplane.--The term `transport airplane'
means a transport category airplane designed for operation by an
air carrier or foreign air carrier type-certificated with a
passenger seating capacity of 30 or more or an all-cargo or
combi derivative of such an airplane.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2021 through 2023.
``Sec. 44742. <<NOTE: 49 USC 44742.>> Interference with the
duties of organization designation
authorization unit members
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continuously seek to eliminate or minimize
interference by an ODA holder that affects the performance of authorized
functions by ODA unit members.
[[Page 134 STAT. 2324]]
``(b) Prohibition.--
``(1) In general.--It shall be unlawful for any individual
who is a supervisory employee of an ODA holder that manufactures
a transport category airplane to commit an act of interference
with an ODA unit member's performance of authorized functions.
``(2) Civil penalty.--
``(A) Individuals.--An individual shall be subject
to a civil penalty under section 46301(a)(1) for each
violation under paragraph (1).
``(B) Savings clause.--Nothing in this paragraph
shall be construed as limiting or constricting any other
authority of the Administrator to pursue an enforcement
action against an individual or organization for
violation of applicable Federal laws or regulations of
the Administration.
``(c) Reporting.--
``(1) Reports to oda holder.--An ODA unit member of an ODA
holder that manufactures a transport category airplane shall
promptly report any instances of interference to the office of
the ODA holder that is designated to receive such reports.
``(2) Reports to the faa.--
``(A) <<NOTE: Investigation.>> In general.--The ODA
holder office described in paragraph (1) shall
investigate reports and submit to the office of the
Administration designated by the Administrator to accept
and review such reports any instances of interference
reported under paragraph (1).
``(B) Contents.--The Administrator shall prescribe
parameters for the submission of reports to the
Administration under this paragraph, including the
manner, time, and form of submission. Such report shall
include the results of any investigation conducted by
the ODA holder in response to a report of interference,
a description of any action taken by the ODA holder as a
result of the report of interference, and any other
information or potentially mitigating factors the ODA
holder or the Administrator deems appropriate.
``(d) Definitions.--
``(1) General applicability.--The definitions contained in
section 44736(c) shall apply to this section.
``(2) Interference.--In this section, the term
`interference' means--
``(A) blatant or egregious statements or behavior,
such as harassment, beratement, or threats, that a
reasonable person would conclude was intended to
improperly influence or prejudice an ODA unit member's
performance of his or her duties; or
``(B) the presence of non-ODA unit duties or
activities that conflict with the performance of
authorized functions by ODA unit members.''.
(b) ODA Program Enhancements.--
(1) In general.--Section 44736 of title 49, United States
Code, is amended by adding at the end the following:
``(d) <<NOTE: Determinations.>> Audits.--
``(1) In general.--The Administrator shall perform a
periodic audit of each ODA unit and its procedures.
[[Page 134 STAT. 2325]]
``(2) Duration.--An audit required under paragraph (1) shall
be performed with respect to an ODA holder once every 7 years
(or more frequently as determined appropriate by the
Administrator).
``(3) Records.--The ODA holder shall maintain, for a period
to be determined by the Administrator, a record of--
``(A) each audit conducted under this subsection;
and
``(B) any corrective actions resulting from each
such audit.
``(e) Federal Aviation Safety Advisors.--
``(1) In general.--In the case of an ODA holder, the
Administrator shall assign FAA aviation safety personnel with
appropriate expertise to be advisors to the ODA unit members
that are authorized to make findings of compliance on behalf of
the Administrator. The advisors shall--
``(A) communicate with assigned unit members on an
ongoing basis to ensure that the assigned unit members
are knowledgeable of relevant FAA policies and
acceptable methods of compliance; and
``(B) monitor the performance of the assigned unit
members to ensure consistency with such policies.
``(2) Applicability.--Paragraph (1) shall only apply to an
ODA holder that is--
``(A) a manufacturer that holds both a type and a
production certificate for--
``(i) transport category airplanes with a
maximum takeoff gross weight greater than 150,000
pounds; or
``(ii) airplanes produced and delivered to
operators operating under part 121 of title 14,
Code of Federal Regulations, for air carrier
service under such part 121; or
``(B) a manufacturer of engines for an airplane
described in subparagraph (A).
``(f) Communication With the FAA.--Neither the Administrator nor an
ODA holder may prohibit--
``(1) an ODA unit member from communicating with, or seeking
the advice of, the Administrator or FAA staff; or
``(2) the Administrator or FAA staff from communicating with
an ODA unit member.''.
(2) Report.--Not later than September 30, 2022, the
Administrator shall submit to the congressional committees of
jurisdiction a report on the implementation of subsections (d)
and (e) of section 44736 of title 49, United States Code, as
added by subsection (b).
(c) Additional ODA Program Enhancements.--Section 44736 of title 49,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking the
semicolon and inserting ``; and'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C) by striking ``;
and'' and inserting a period;
(iv) by striking subparagraph (D); and
(v) by redesignating subparagraph (C) as
subparagraph (B); and
[[Page 134 STAT. 2326]]
(B) in paragraph (3) by striking ``shall--'' and all
that follows through the end and inserting ``shall
conduct regular oversight activities by inspecting the
ODA holder's delegated functions and taking action based
on validated inspection findings.''; and
(2) in subsection (b)(3)--
(A) in subparagraph (A)--
(i) by striking clause (i) and redesignating
clauses (ii), (iii), and (iv) as clauses (i),
(ii), and (iii), respectively;
(ii) in clause (i) as redesignated by
inserting ``, as appropriate,'' after ``require'';
(iii) in clause (ii) as redesignated by
inserting ``, as appropriate,'' after ``require'';
and
(iv) in clause (iii) as redesignated by
inserting ``when appropriate,'' before ``make a
reassessment'';
(B) by striking subparagraph (B);
(C) in subparagraph (F) by inserting ``, when
appropriate,'' before ``approve''; and
(D) by redesignating subparagraphs (C), (D), (E),
and (F) as subparagraphs (B), (C), (D), and (E),
respectively.
(d) Technical Corrections.--
(1) Section 44737.--Chapter 447 of title 49, United States
Code, is further amended by redesignating the second section
44737 (as added by section 581 of the FAA Reauthorization Act of
2018) as section 44740.
(2) Analysis.--The analysis for chapter 447 of title 49,
United States Code <<NOTE: 49 USC 44701 prec.>> , is amended--
(A) by striking the item relating to the second
section 44737 (as added by section 581 of the FAA
Reauthorization Act of 2018); and
(B) by inserting after the item relating to section
44739 the following new items:
``44740. Special rule for certain aircraft operations.
``44741. Approval of organization designation authorization unit
members.
``44742. Interference with the duties of organization designation
authorization unit members.''.
(3) Special rule for certain aircraft operations.--Section
44740 of title 49, United States Code (as redesignated by
paragraph (1)), is amended--
(A) in the heading by striking the period at the
end;
(B) in subsection (a)(1) by striking ``chapter'' and
inserting ``section'';
(C) in subsection (b)(1) by striking ``(1)'' the
second time it appears; and
(D) in subsection (c)(2) by adding a period at the
end.
SEC. 108. <<NOTE: 49 USC 44704 note.>> INTEGRATED PROJECT TEAMS.
(a) In General.--Upon receipt of an application for a type
certificate for a transport category airplane, the Administrator shall
convene an interdisciplinary integrated project team responsible for
coordinating review and providing advice and recommendations, as
appropriate, to the Administrator on such application.
(b) <<NOTE: Appointment.>> Membership.--In convening an
interdisciplinary integrated project team under subsection (a), the
Administrator shall appoint employees of the Administration or other
Federal agencies, such as the Air Force, Volpe National Transportation
Systems Center,
[[Page 134 STAT. 2327]]
or the National Aeronautics and Space Administration (with the
concurrence of the head of such other Federal agency), with specialized
expertise and experience in the fields of engineering, systems design,
human factors, and pilot training, including, at a minimum--
(1) not less than 1 designee of the Associate Administrator
for Aviation Safety whose duty station is in the
Administration's headquarters;
(2) representatives of the Aircraft Certification Service of
the Administration;
(3) representatives of the Flight Standards Service of the
Administration;
(4) experts in the fields of human factors, aerodynamics,
flight controls, software, and systems design; and
(5) any other subject matter expert whom the Administrator
determines appropriate.
(c) Availability.--In order to carry out its duties with respect to
the areas specified in subsection (d), a project team shall be available
to the Administrator, upon request, at any time during the certification
process.
(d) Duties.--A project team shall advise the Administrator and make
written recommendations to the Administrator, to be retained in the
certification project file, including recommendations for any plans,
analyses, assessments, and reports required to support and document the
certification project, in the following areas associated with a new
technology or novel design:
(1) Initial review of design proposals proposed by the
applicant and the establishment of the certification basis.
(2) Identification of new technology, novel design, or
safety critical design features or systems that are potentially
catastrophic, either alone or in combination with another
failure.
(3) Determination of compliance findings, system safety
assessments, and safety critical functions the Administration
should retain in terms of new technology, novel design, or
safety critical design features or systems.
(4) Evaluation of the Administration's expertise or
experience necessary to support the project.
(5) Review and evaluation of an applicant's request for
exceptions or exemptions from compliance with airworthiness
standards codified in title 14 of the Code of Federal
Regulations, as in effect on the date of application for the
change.
(6) Conduct of design reviews, procedure evaluations, and
training evaluations.
(7) Review of the applicant's final design documentation and
other data to evaluate compliance with all relevant
Administration regulations.
(e) Documentation of FAA Response.--The Administrator shall provide
a written response to each recommendation of each project team and shall
retain such response in the certification project file.
(f) <<NOTE: Time period.>> Report.--Not later than 1 year after the
date of enactment of this section, and annually thereafter through
fiscal year 2023, the Administrator shall submit to the congressional
committees of jurisdiction a report on the establishment of each
integrated project team in accordance with this section during such
fiscal year, including the role and composition of each such project
team.
[[Page 134 STAT. 2328]]
SEC. 109. <<NOTE: Deadline.>> OVERSIGHT INTEGRITY BRIEFING.
Not later than 1 year after the date of enactment of this title, the
Administrator shall brief the congressional committees of jurisdiction
on specific measures the Administrator has taken to reinforce that each
employee of the Administration responsible for overseeing an
organization designation authorization with respect to the certification
of aircraft perform such responsibility in accordance with safety
management principles and in the public interest of aviation safety.
SEC. 110. APPEALS OF CERTIFICATION DECISIONS.
(a) In General.--Section 44704, of title 49, United States Code, as
amended by section 105(b), is further amended by adding at the end the
following:
``(g) Certification Dispute Resolution.--
``(1) Dispute resolution process and appeals.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 60 days after the date of enactment of this
subsection, the Administrator shall issue an order
establishing--
``(i) an effective, timely, and milestone-
based issue resolution process for type
certification activities under subsection (a); and
``(ii) a process by which a decision, finding
of compliance or noncompliance, or other act of
the Administration, with respect to compliance
with design requirements, may be appealed by a
covered person directly involved with the
certification activities in dispute on the basis
that such decision, finding, or act is erroneous
or inconsistent with this chapter, regulations, or
guidance materials promulgated by the
Administrator, or other requirements.
``(B) Escalation.--The order issued under
subparagraph (A) shall provide processes for--
``(i) resolution of technical issues at pre-
established stages of the certification process,
as agreed to by the Administrator and the type
certificate applicant;
``(ii) automatic elevation to appropriate
management personnel of the Administration and the
type certificate applicant of any major
certification process milestone that is not
completed or resolved within a specific period of
time agreed to by the Administrator and the type
certificate applicant;
``(iii) resolution of a major certification
process milestone elevated pursuant to clause (ii)
within a specific period of time agreed to by the
Administrator and the type certificate applicant;
``(iv) <<NOTE: Review.>> initial review by
appropriate Administration employees of any appeal
described in subparagraph (A)(ii); and
``(v) <<NOTE: Review.>> subsequent review of
any further appeal by appropriate management
personnel of the Administration and the Associate
Administrator for Aviation Safety.
``(C) Disposition.--
``(i) Written decision.--The Associate
Administrator for Aviation Safety shall issue a
written decision
[[Page 134 STAT. 2329]]
that states the grounds for the decision of the
Associate Administrator on--
``(I) each appeal submitted under
subparagraph (A)(ii); and
``(II) An appeal to the Associate
Administrator submitted under
subparagraph (B)(v).
``(ii) <<NOTE: Time period.>> Report to
congress.--Not later than December 31 of each
calendar year through calendar year 2025, the
Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report
summarizing each appeal resolved under this
subsection.
``(D) Final review.--
``(i) In general.--A written decision of the
Associate Administrator under subparagraph (C) may
be appealed to the Administrator for a final
review and determination.
``(ii) Decline to review.--The Administrator
may decline to review an appeal initiated pursuant
to clause (i).
``(iii) Judicial review.--No decision under
this paragraph (including a decision to decline to
review an appeal) shall be subject to judicial
review.
``(2) Prohibited contacts.--
``(A) Prohibition generally.--During the course of
an appeal under this subsection, no covered official may
engage in an ex parte communication (as defined in
section 551 of title 5) with an individual representing
or acting on behalf of an applicant for, or holder of, a
certificate under this section in relation to such
appeal unless such communication is disclosed pursuant
to subparagraph (B).
``(B) Disclosure.--If, during the course of an
appeal under this subsection, a covered official engages
in, receives, or is otherwise made aware of an ex parte
communication, the covered official shall disclose such
communication in the public record at the time of the
issuance of the written decision under paragraph (1)(C),
including the time and date of the communication,
subject of communication, and all persons engaged in
such communication.
``(3) Definitions.--In this subsection:
``(A) Covered person.--The term `covered person'
means either--
``(i) an employee of the Administration whose
responsibilities relate to the certification of
aircraft, engines, propellers, or appliances; or
``(ii) an applicant for, or holder of, a type
certificate or amended type certificate issued
under this section.
``(B) Covered official.--The term `covered official'
means the following officials:
``(i) The Executive Director or any Deputy
Director of the Aircraft Certification Service.
``(ii) The Deputy Executive Director for
Regulatory Operations of the Aircraft
Certification Service.
[[Page 134 STAT. 2330]]
``(iii) The Director or Deputy Director of the
Compliance and Airworthiness Division of the
Aircraft Certification Service.
``(iv) The Director or Deputy Director of the
System Oversight Division of the Aircraft
Certification Service.
``(v) The Director or Deputy Director of the
Policy and Innovation Division of the Aircraft
Certification Service.
``(vi) The Executive Director or any Deputy
Executive Director of the Flight Standards
Service.
``(vii) The Associate Administrator or Deputy
Associate Administrator for Aviation Safety.
``(viii) The Deputy Administrator of the
Federal Aviation Administration.
``(ix) The Administrator of the Federal
Aviation Administration.
``(x) <<NOTE: Determination.>> Any similarly
situated or successor FAA management position to
those described in clauses (i) through (ix), as
determined by the Administrator.
``(C) Major certification process milestone.--The
term `major certification process milestone' means a
milestone related to the type certification basis, type
certification plan, type inspection authorization, issue
paper, or other major type certification activity agreed
to by the Administrator and the type certificate
applicant.
``(4) Rule of construction.--Nothing in this subsection
shall apply to the communication of a good-faith complaint by
any individual alleging--
``(A) gross misconduct;
``(B) a violation of title 18; or
``(C) a violation of any of the provisions of part
2635 or 6001 of title 5, Code of Federal Regulations.''.
(b) Conforming Amendment.--Section 44704(a) of title 49, United
States Code, is amended by striking paragraph (6).
SEC. 111. EMPLOYMENT RESTRICTIONS.
(a) <<NOTE: 49 USC 44704 note.>> Disqualification Based on Prior
Employment.--An employee of the Administration with supervisory
responsibility may not direct, conduct, or otherwise participate in
oversight of a holder of a certificate issued under section 44704 of
title 49, United States Code, that previously employed such employee in
the preceding 1-year period.
(b) Post-employment Restrictions.--Section 44711(d) of title 49,
United States Code, is amended to read as follows:
``(d) Post-employment Restrictions for Inspectors and Engineers.--
``(1) Prohibition.--A person holding a certificate issued
under part 21 or 119 of title 14, Code of Federal Regulations,
may not knowingly employ, or make a contractual arrangement that
permits, an individual to act as an agent or representative of
such person in any matter before the Administration if the
individual, in the preceding 2-year period--
``(A) served as, or was responsible for oversight
of--
``(i) a flight standards inspector of the
Administration; or
``(ii) an employee of the Administration with
responsibility for certification functions with
respect
[[Page 134 STAT. 2331]]
to a holder of a certificate issued under section
44704(a); and
``(B) had responsibility to inspect, or oversee
inspection of, the operations of such person.
``(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be acting as
an agent or representative of a certificate holder in a matter
before the Administration if the individual makes any written or
oral communication on behalf of the certificate holder to the
Administration (or any of its officers or employees) in
connection with a particular matter, whether or not involving a
specific party and without regard to whether the individual has
participated in, or had responsibility for, the particular
matter while serving as an individual covered under paragraph
(1).''.
SEC. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT, CONTINUING
EDUCATION AND TRAINING.
(a) In General.--Chapter 445 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44519. <<NOTE: 49 USC 44519.>> Certification personnel
continuing education and training
``(a) In General.--The Administrator of the Federal Aviation
Administration shall--
``(1) develop a program for regular recurrent training of
engineers, inspectors, and other subject-matter experts employed
in the Aircraft Certification Service of the Administration in
accordance with the training strategy developed pursuant to
section 231 of the FAA Reauthorization Act of 2018 (Public Law
115-254; 132 Stat. 3256);
``(2) to the maximum extent practicable, implement measures,
including assignments in multiple divisions of the Aircraft
Certification Service, to ensure that such engineers and other
subject-matter experts in the Aircraft Certification Service
have access to diverse professional opportunities that expand
their knowledge and skills;
``(3) develop a program to provide continuing education and
training to Administration personnel who hold positions
involving aircraft certification and flight standards, including
human factors specialists, engineers, flight test pilots,
inspectors, and, as determined appropriate by the Administrator,
industry personnel who may be responsible for compliance
activities including designees; and
``(4) <<NOTE: Consultation.>> in consultation with outside
experts, develop--
``(A) an education and training curriculum on
current and new aircraft technologies, human factors,
project management, and the roles and responsibilities
associated with oversight of designees; and
``(B) <<NOTE: Recommenda- tions.>> recommended
practices for compliance with Administration
regulations.
``(b) Implementation.--The Administrator shall, to the maximum
extent practicable, ensure that actions taken pursuant to subsection
(a)--
``(1) permit engineers, inspectors, and other subject matter
experts to continue developing knowledge of, and expertise in,
new and emerging technologies in systems design, flight
[[Page 134 STAT. 2332]]
controls, principles of aviation safety, system oversight, and
certification project management;
``(2) minimize the likelihood of an individual developing an
inappropriate bias toward a designer or manufacturer of
aircraft, aircraft engines, propellers, or appliances;
``(3) are consistent with any applicable collective
bargaining agreements; and
``(4) account for gaps in knowledge and skills (as
identified by the Administrator in consultation with the
exclusive bargaining representatives certified under section
7111 of title 5, United States Code) between Administration
employees and private-sector employees for each group of
Administration employees covered under this section.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator, $10,000,000 for each of fiscal years
2021 through 2023 to carry out this section. Amounts appropriated under
the preceding sentence for any fiscal year shall remain available until
expended.''.
(b) Table of Contents.--The analysis for chapter 445 of title 49,
United States Code, <<NOTE: 49 USC 44501 prec.>> is amended by inserting
after the item relating to section 44518 the following:
``44519. Certification personnel continuing education and training.''.
SEC. 113. <<NOTE: 49 USC 44701 note.>> VOLUNTARY SAFETY REPORTING
PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this title, the Administrator shall establish a voluntary safety
reporting program for engineers, safety inspectors, systems safety
specialists, and other subject matter experts certified under section
7111 of title 5, United States Code, to confidentially report instances
where they have identified safety concerns during certification or
oversight processes.
(b) Safety Reporting Program Requirements.--In establishing the
safety reporting program under subsection (a), the Administrator shall
ensure the following:
(1) The FAA maintains a reporting culture that encourages
human factors specialists, engineers, flight test pilots,
inspectors, and other appropriate FAA employees to voluntarily
report safety concerns.
(2) The safety reporting program is non-punitive,
confidential, and protects employees from adverse employment
actions related to their participation in the program.
(3) The safety reporting program identifies exclusionary
criteria for the program.
(4) Collaborative development of the program with bargaining
representatives of employees under section 7111 of title 5,
United States Code, who are employed in the Aircraft
Certification Service or Flight Standards Service of the
Administration (or, if unable to reach an agreement
collaboratively, the Administrator shall negotiate with the
representatives in accordance with section 40122(a) of title 49,
United States Code, regarding the development of the program).
(5) Full and collaborative participation in the program by
the bargaining representatives of employees described in
paragraph (4).
[[Page 134 STAT. 2333]]
(6) <<NOTE: Review. Determination.>> The Administrator
thoroughly reviews safety reports to determine whether there is
a safety issue, including a hazard, defect, noncompliance,
nonconformance, or process error.
(7) <<NOTE: Review. Determination.>> The Administrator
thoroughly reviews safety reports to determine whether any
aircraft certification process contributed to the safety concern
being raised.
(8) The creation of a corrective action process in order to
address safety issues that are identified through the program.
(c) <<NOTE: Reviews.>> Outcomes.--Results of safety report reviews
under this section may be used to--
(1) improve--
(A) safety systems, hazard control, and risk
reduction;
(B) certification systems;
(C) FAA oversight;
(D) compliance and conformance; and
(E) any other matter determined necessary by the
Administrator; and
(2) implement lessons learned.
(d) <<NOTE: Requirements.>> Report Filing.--The Administrator shall
establish requirements for when in the certification process reports may
be filed to--
(1) ensure that identified issues can be addressed in a
timely manner; and
(2) foster open dialogue between applicants and FAA
employees throughout the certification process.
(e) Integration With Other Safety Reporting Programs.--The
Administrator shall implement the safety reporting program established
under subsection (a) and the reporting requirements established pursuant
to subsection (d) in a manner that is consistent with other voluntary
safety reporting programs administered by the Administrator.
(f) Report to Congress.--Not later than 2 years after the date of
enactment of this title, and annually thereafter through fiscal year
2023, the Administrator shall submit to the congressional committees of
jurisdiction a report on the effectiveness of the safety reporting
program established under subsection (a).
SEC. 114. COMPENSATION LIMITATION.
Section 106(l) of title 49, United States Code, is amended by adding
at the end the following:
``(7) Prohibition on certain performance-based incentives.--
No employee of the Administration shall be given an award,
financial incentive, or other compensation, as a result of
actions to meet performance goals related to meeting or
exceeding schedules, quotas, or deadlines for certificates
issued under section 44704.''.
SEC. 115. <<NOTE: 49 USC 44704 note.>> SYSTEM SAFETY ASSESSMENTS
AND OTHER REQUIREMENTS.
(a) <<NOTE: Deadline. Regulations.>> In General.--Not later than 2
years after the date of enactment of this title, the Administrator shall
issue such regulations as are necessary to amend part 25 of title 14,
Code of Federal Regulations, and any associated advisory circular,
guidance, or policy of the Administration, in accordance with this
section.
(b) System Safety Assessments and Other Requirements.--In developing
regulations under subsection (a), the Administrator shall--
[[Page 134 STAT. 2334]]
(1) require an applicant for an amended type certificate for
a transport airplane to--
(A) perform a system safety assessment with respect
to each proposed design change that the Administrator
determines is significant, with such assessment
considering the airplane-level effects of individual
errors, malfunctions, or failures and realistic pilot
response times to such errors, malfunctions, or
failures;
(B) update such assessment to account for each
subsequent proposed design change that the Administrator
determines is significant;
(C) provide appropriate employees of the
Administration with the data and assumptions underlying
each assessment and amended assessment; and
(D) provide for document traceability and clarity of
explanations for changes to aircraft type designs and
system safety assessment certification documents; and
(2) work with other civil aviation authorities representing
states of design to ensure such regulations remain harmonized
internationally.
(c) Guidance.--Guidance or an advisory circular issued under
subsection (a) shall, at minimum--
(1) emphasize the importance of clear documentation of the
technical details and failure modes and effects of a design
change described in subsection (b)(1); and
(2) ensure appropriate review of any change that results in
a functional hazard assessment classification of major or
greater, as such term is defined in FAA Advisory Circular
25.1309-1A (or any successor or replacement document).
(d) FAA Review.--Appropriate employees of the Aircraft Certification
Service and the Flight Standards Service of the Administration shall
review each system safety assessment required under subsection
(b)(1)(A), updated assessment required under subsection (b)(1)(B), and
supporting data and assumptions required under subsection (b)(1)(C), to
ensure that each such assessment sufficiently addresses the
considerations listed in subsection (b)(1)(A).
SEC. 116. <<NOTE: 49 USC 44704 note.>> FLIGHT CREW ALERTING.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this title, the Administrator shall implement
National Transportation Safety Board recommendations A-19-11 and A-19-12
(as contained in the safety recommendation report adopted on September
9, 2019).
(b) <<NOTE: Effective date.>> Prohibition.--Beginning on the date
that is 2 years after the date of enactment of this title, the
Administrator may not issue a type certificate for a transport category
aircraft unless--
(1) in the case of a transport airplane, such airplane
incorporates a flight crew alerting system that, at a minimum,
displays and differentiates among warnings, cautions, and
advisories, and includes functions to assist the flight crew in
prioritizing corrective actions and responding to systems
failures; or
(2) in the case of a transport category aircraft other than
a transport airplane, the type certificate applicant provides a
means acceptable to the Administrator to assist the flight crew
in prioritizing corrective actions and responding to systems
failures (including by cockpit or flight manual procedures).
[[Page 134 STAT. 2335]]
(c) Existing Airplane Designs.--It is the sense of Congress that the
FAA shall ensure that any system safety assessment with respect to the
Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in
National Transportation Safety Board recommendation A-19-10, is
conducted in accordance with such recommendation.
SEC. 117. <<NOTE: 49 USC 44704 note.>> CHANGED PRODUCT RULE.
(a) Review and Reevaluation of Amended Type Certificates.--
(1) International leadership.--The Administrator shall
exercise leadership in the creation of international policies
and standards relating to the issuance of amended type
certificates within the Certification Management Team.
(2) Reevaluation of amended type certificates.--In carrying
out this subsection, the Administrator shall--
(A) encourage Certification Management Team members
to examine and address any relevant covered
recommendations (as defined in section 121(c)) relating
to the issuance of amended type certificates;
(B) reevaluate existing assumptions and practices
inherent in the amended type certificate process and
assess whether such assumptions and practices are valid;
and
(C) ensure, to the greatest extent practicable, that
Federal regulations relating to the issuance of amended
type certificates are harmonized with the regulations of
other international states of design.
(b) Amended Type Certificate Report and Rulemaking.--
(1) <<NOTE: Deadline.>> Briefings.--Not later than 12
months after the date of enactment of this title, and annually
thereafter through fiscal year 2023, the Administrator shall
brief the congressional committees of jurisdiction on the work
and status of the development of such recommendations by the
Certification Management Team.
(2) <<NOTE: Deadline.>> Initiation of action.--Not later
than 2 years after the date of enactment of this title, the
Administrator shall take action to revise and improve the
process of issuing amended type certificates in accordance with
this section. Such action shall include, at minimum--
(A) initiation of a rulemaking proceeding; and
(B) development or revision of guidance and training
materials.
(3) Contents.--In taking actions required under paragraph
(2), the Administrator shall do the following:
(A) Ensure that proposed changes to an aircraft are
evaluated from an integrated whole aircraft system
perspective that examines the integration of proposed
changes with existing systems and associated impacts.
(B) Define key terms used for the changed product
process under sections 21.19 and 21.101 of title 14,
Code of Federal Regulations.
(C) Consider--
(i) the findings and work of the Certification
Management Team and other similar international
harmonization efforts;
(ii) any relevant covered recommendations (as
defined in section 121(c)); and
[[Page 134 STAT. 2336]]
(iii) whether a fixed time beyond which a type
certificate may not be amended would improve
aviation safety.
(D) Establish the extent to which the following
design characteristics should preclude the issuance of
an amended type certificate:
(i) A new or revised flight control system.
(ii) Any substantial changes to aerodynamic
stability resulting from a physical change that
may require a new or modified software system or
control law in order to produce positive and
acceptable stability and handling qualities.
(iii) A flight control system or augmented
software to maintain aerodynamic stability in any
portion of the flight envelope that was not
required for a previously certified derivative.
(iv) A change in structural components (other
than a stretch or shrink of the fuselage) that
results in a change in structural load paths or
the magnitude of structural loads attributed to
flight maneuvers or cabin pressurization.
(v) A novel or unusual system, component, or
other feature whose failure would present a
hazardous or catastrophic risk.
(E) Develop objective criteria for helping to
determine what constitutes a substantial change and a
significant change.
(F) Implement mandatory aircraft-level reviews
throughout the certification process to validate the
certification basis and assumptions.
(G) Require maintenance of relevant records of
agreements between the FAA and an applicant that affect
certification documentation and deliverables.
(H) Ensure appropriate documentation of any
exception or exemption from airworthiness requirements
codified in title 14 of the Code of Federal Regulations,
as in effect on the date of application for the change.
(4) Guidance materials.--The Administrator shall consider
the following when developing orders and regulatory guidance,
including advisory circulars, where appropriate:
(A) Early FAA involvement and feedback paths in the
aircraft certification process to ensure the FAA is
aware of changes to design assumptions and product
design impacting a changed product assessment.
(B) Presentation to the FAA of new technology, novel
design, or safety critical features or systems,
initially and throughout the certification process, when
development and certification prompt design or
compliance method revision.
(C) Examples of key terms used for the changed
product process under sections 21.19 and 21.101 of title
14, Code of Federal Regulations.
(D) Type certificate data sheet improvements to
accurately state which regulations and amendment level
the aircraft complies to and when compliance is limited
to a subset of the aircraft.
(E) Policies to guide applicants on proper
visibility, clarity, and consistency of key design and
compliance
[[Page 134 STAT. 2337]]
information that is submitted for certification,
particularly with new design features.
(F) The creation, validation, and implementation of
analytical tools appropriate for the analysis of complex
system for the FAA and applicants.
(G) Early coordination processes with the FAA for
the functional hazard assessments validation and
preliminary system safety assessments review.
(5) Training materials.--The Administrator shall--
(A) develop training materials for establishing the
certification basis for changed aeronautical products
pursuant to section 21.101 of title 14, Code of Federal
Regulations, applications for a new type certificate
pursuant to section 21.19 of such title, and the
regulatory guidance developed as a result of the
rulemaking conducted pursuant to paragraph (2); and
(B) procedures for disseminating such materials to
implementing personnel of the FAA, designees, and
applicants.
(6) Certification management team defined.--In this section,
the term ``Certification Management Team'' means the team
framework under which the FAA, the European Aviation Safety
Agency, the Transport Canada Civil Aviation, and the National
Civil Aviation Agency of Brazil, manage the technical, policy,
certification, manufacturing, export, and continued
airworthiness issues common among the 4 authorities.
(7) Deadline.--The Administrator shall finalize the actions
initiated under paragraph (2) not later than 3 years after the
date of enactment of this title.
(c) International Leadership.--The Administrator shall exercise
leadership within the ICAO and among other civil aviation regulators
representing states of aircraft design to advocate for the adoption of
an amended changed product rule on a global basis, consistent with ICAO
standards.
SEC. 118. WHISTLEBLOWER PROTECTIONS.
Section 42121 of title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Prohibited Discrimination.--A holder of a certificate under
section 44704 or 44705 of this title, or a contractor, subcontractor, or
supplier of such holder, may not discharge an employee or otherwise
discriminate against an employee with respect to compensation, terms,
conditions, or privileges of employment because the employee (or any
person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or Federal Government information
relating to any violation or alleged violation of any order,
regulation, or standard of the Federal Aviation Administration
or any other provision of Federal law relating to aviation
safety under this subtitle or any other law of the United
States;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of any
order, regulation, or standard of the Federal Aviation
Administration or
[[Page 134 STAT. 2338]]
any other provision of Federal law relating to aviation safety
under this subtitle or any other law of the United States;
``(3) testified or is about to testify in such a proceeding;
or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.'';
(2) by striking subsection (d) and inserting the following:
``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of a holder of a certificate
issued under section 44704 or 44705, or a contractor or subcontractor
thereof, who, acting without direction from such certificate-holder,
contractor, or subcontractor (or such person's agent), deliberately
causes a violation of any requirement relating to aviation safety under
this subtitle or any other law of the United States.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Contractor Defined.--In this section, the term `contractor'
means--
``(1) a person that performs safety-sensitive functions by
contract for an air carrier or commercial operator; or
``(2) a person that performs safety-sensitive functions
related to the design or production of an aircraft, aircraft
engine, propeller, appliance, or component thereof by contract
for a holder of a certificate issued under section 44704.''.
SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.
(a) In General.--Chapter 447 of title 49, United States Code, as
amended by section 107, is further amended by adding at the end the
following:
``Sec. 44743. <<NOTE: 49 USC 44743.>> Pilot training requirements
``(a) In General.--
``(1) <<NOTE: Review.>> Administrator's determination.--In
establishing any pilot training requirements with respect to a
new transport airplane, the Administrator of the Federal
Aviation Administration shall independently review any proposal
by the manufacturer of such airplane with respect to the scope,
format, or minimum level of training required for operation of
such airplane.
``(2) Assurances and marketing representations.--Before the
Administrator has established applicable training requirements,
an applicant for a new or amended type certificate for an
airplane described in paragraph (1) may not, with respect to the
scope, format, or magnitude of pilot training for such
airplane--
``(A) make any assurance or other contractual
commitment, whether verbal or in writing, to a potential
purchaser of such airplane unless a clear and
conspicuous disclaimer (as defined by the Administrator)
is included regarding the status of training required
for operation of such airplane; or
``(B) provide financial incentives (including
rebates) to a potential purchaser of such airplane
regarding the scope, format, or magnitude of pilot
training for such airplane.
``(b) <<NOTE: Effective date.>> Pilot Response Time.--Beginning on
the day after the date on which regulations are issued under section
119(c)(6) of the Aircraft Certification, Safety, and Accountability Act,
the
[[Page 134 STAT. 2339]]
Administrator may not issue a new or amended type certificate for an
airplane described in subsection (a) unless the applicant for such
certificate has demonstrated to the Administrator that the applicant has
accounted for realistic assumptions regarding the time for pilot
responses to non-normal conditions in designing the systems and
instrumentation of such airplane. Such assumptions shall--
``(1) be based on test data, analysis, or other technical
validation methods; and
``(2) account for generally accepted scientific consensus
among experts in human factors regarding realistic pilot
response time.
``(c) Definition.--In this section, the term `transport airplane'
means a transport category airplane designed for operation by an air
carrier or foreign air carrier type-certificated with a passenger
seating capacity of 30 or more or an all-cargo or combi derivative of
such an airplane.''.
(b) Conforming Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is further amended by
adding at the end the following:
``44743. Pilot training requirements.''.
(c) <<NOTE: 49 USC 44704 note.>> Expert Safety Review.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of enactment of this title, the Administrator
shall initiate an expert safety review of assumptions relied
upon by the Administration and manufacturers of transport
category aircraft in the design and certification of such
aircraft.
(2) Contents.--The expert safety review required under
paragraph (1) shall include--
(A) a review of Administration regulations,
guidance, and directives related to pilot response
assumptions relied upon by the FAA and manufacturers of
transport category aircraft in the design and
certification of such aircraft, and human factors and
human system integration, particularly those related to
pilot and aircraft interfaces;
(B) a focused review of the assumptions relied on
regarding the time for pilot responses to non-normal
conditions in designing such aircraft's systems and
instrumentation, including responses to safety-
significant failure conditions and failure scenarios
that trigger multiple, and possibly conflicting,
warnings and alerts;
(C) a review of human factors assumptions with
applicable operational data, human factors research and
the input of human factors experts and FAA operational
data, and as appropriate, recommendations for
modifications to existing assumptions;
(D) a review of revisions made to the airman
certification standards for certificates over the last 4
years, including any possible effects on pilot
competency in basic manual flying skills;
(E) consideration of the global nature of the
aviation marketplace, varying levels of pilot
competency, and differences in pilot training programs
worldwide;
(F) a process for aviation stakeholders, including
pilots, airlines, inspectors, engineers, test pilots,
human factors
[[Page 134 STAT. 2340]]
experts, and other aviation safety experts, to provide
and discuss any observations, feedback, and best
practices;
(G) a review of processes currently in place to
ensure that when carrying out the certification of a new
aircraft type, or an amended type, the cumulative
effects that new technologies, and the interaction
between new technologies and unchanged systems for an
amended type certificate, may have on pilot interactions
with aircraft systems are properly assessed through
system safety assessments or otherwise; and
(H) a review of processes currently in place to
account for any necessary adjustments to system safety
assessments, pilot procedures and training requirements,
or design requirements when there are changes to the
assumptions relied upon by the Administration and
manufacturers of transport category aircraft in the
design and certification of such aircraft.
(3) Report and recommendations.--Not later than 30 days
after the conclusion of the expert safety review pursuant to
paragraph (1), the Administrator shall submit to the
congressional committees of jurisdiction a report on the results
of the review, including any recommendations for actions or best
practices to ensure the FAA and the manufacturers of transport
category aircraft have accounted for pilot response assumptions
to be relied upon in the design and certification of transport
category aircraft and tools or methods identified to better
integrate human factors throughout the process for such
certification.
(4) <<NOTE: Notification. Evaluation.>> International
engagement.--The Administrator shall notify other international
regulators that certify transport category aircraft type designs
of the expert panel report and encourage them to review the
report and evaluate their regulations and processes in light of
the recommendations included in the report.
(5) Termination.--The expert safety review shall end upon
submission of the report required pursuant to paragraph (3).
(6) Regulations.--The Administrator shall issue or update
such regulations as are necessary to implement the
recommendations of the expert safety review that the
Administrator determines are necessary to improve aviation
safety.
(d) Call to Action on Airman Certification Standards.--
(1) <<NOTE: Deadline.>> In general.--Not later than 60 days
after the date of enactment of this title, the Administrator
shall initiate a call to action safety review of pilot
certification standards in order to bring stakeholders together
to share lessons learned, best practices, and implement actions
to address any safety issues identified.
(2) Contents.--The call to action safety review required
under paragraph (1) shall include--
(A) a review of Administration regulations,
guidance, and directives related to the pilot
certification standards, including the oversight of
those processes;
(B) <<NOTE: Time period.>> a review of revisions
made to the pilot certification standards for
certificates over the last 5 years, including any
possible effects on pilot competency in manual flying
skills and effectively managing automation to improve
safety; and
[[Page 134 STAT. 2341]]
(C) a process for aviation stakeholders, including
aviation students, instructors, designated pilot
examiners, pilots, airlines, labor, and aviation safety
experts, to provide and discuss any observations,
feedback, and best practices.
(3) Report and recommendations.--Not later than 90 days
after the conclusion of the call to action safety review
pursuant to paragraph (1), the Administrator shall submit to the
congressional committees of jurisdiction a report on the results
of the review, any recommendations for actions or best practices
to ensure pilot competency in basic manual flying skills and in
effective management of automation, and actions the
Administrator will take in response to the recommendations.
(e) <<NOTE: 49 USC 40104 note.>> International Pilot Training.--
(1) In general.--The Secretary of Transportation, the
Administrator, and other appropriate officials of the Government
shall exercise leadership in setting global standards to improve
air carrier pilot training and qualifications for--
(A) monitoring and managing the behavior and
performance of automated systems;
(B) controlling the flightpath of aircraft without
autoflight systems engaged;
(C) effectively utilizing and managing autoflight
systems, when appropriate;
(D) effectively identifying situations in which the
use of autoflight systems is appropriate and when such
use is not appropriate; and
(E) recognizing and responding appropriately to non-
normal conditions.
(2) International leadership.--The Secretary, the
Administrator, and other appropriate officials of the Government
shall exercise leadership under paragraph (1) by working with--
(A) foreign counterparts of the Administrator in the
ICAO and its subsidiary organizations;
(B) other international organizations and fora; and
(C) the private sector.
(3) Considerations.--In exercising leadership under
paragraph (1), the Secretary, the Administrator, and other
appropriate officials of the Government shall consider--
(A) the latest information relating to human
factors;
(B) aircraft manufacturing trends, including those
relating to increased automation in the cockpit;
(C) the extent to which cockpit automation improves
aviation safety and introduces novel risks;
(D) the availability of opportunities for pilots to
practice manual flying skills;
(E) the need for consistency in maintaining and
enhancing manual flying skills worldwide;
(F) recommended practices of other countries that
enhance manual flying skills and automation management;
and
(G) whether a need exists for initial and recurrent
training standards for improve pilots' proficiency in
manual flight and in effective management of autoflight
systems.
(4) Congressional briefing.--The Secretary, the
Administrator, and other appropriate officials of the Government
shall
[[Page 134 STAT. 2342]]
provide to the congressional committees of jurisdiction regular
briefings on the status of efforts undertaken pursuant to this
subsection.
(f) International Aviation Safety.--Section 40104(b) of title 49,
United States Code, is amended--
(1) by striking ``The Administrator shall'' and inserting
the following:
``(1) In general.--The Administrator shall''; and
(2) by adding at the end the following:
``(2) Bilateral and multilateral engagement; technical
assistance.--The Administrator shall--
``(A) <<NOTE: Consultation.>> in consultation with
the Secretary of State, engage bilaterally and
multilaterally, including with the International Civil
Aviation Organization, on an ongoing basis to bolster
international collaboration, data sharing, and
harmonization of international aviation safety
requirements including through--
``(i) sharing of continued operational safety
information;
``(ii) prioritization of pilot training
deficiencies, including manual flying skills and
flight crew training, to discourage over reliance
on automation, further bolstering the components
of airmanship;
``(iii) encouraging the consideration of the
safety advantages of appropriate Federal
regulations, which may include relevant Federal
regulations pertaining to flight crew training
requirements; and
``(iv) prioritizing any other flight crew
training areas that the Administrator believes
will enhance all international aviation safety;
and
``(B) seek to expand technical assistance provided
by the Federal Aviation Administration in support of
enhancing international aviation safety, including by--
``(i) promoting and enhancing effective
oversight systems, including operational safety
enhancements identified through data collection
and analysis;
``(ii) promoting and encouraging compliance
with international safety standards by counterpart
civil aviation authorities;
``(iii) minimizing cybersecurity threats and
vulnerabilities across the aviation ecosystem;
``(iv) supporting the sharing of safety
information, best practices, risk assessments, and
mitigations through established international
aviation safety groups; and
``(v) providing technical assistance on any
other aspect of aviation safety that the
Administrator determines is likely to enhance
international aviation safety.''.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Administrator, $2,000,000 for each of
fiscal years 2021 through 2023, to carry out section 40104(b)(2)
of title 49, United States Code (as added by paragraph (2)).
(g) Assistance to Foreign Aviation Authorities.--
(1) In general.--Section 40113(e)(1) of title 49, United
States Code, is amended by inserting ``The Administrator may
[[Page 134 STAT. 2343]]
also provide technical assistance related to all aviation
safety-related training and operational services in connection
with bilateral and multilateral agreements, including further
bolstering the components of airmanship.'' after the first
sentence.
(2) Authorization of appropriations.--Section 40113(e) of
title 49, United States Code, is amended by adding at the end
the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator, $5,000,000 for each of
fiscal years 2021 through 2023, to carry out this subsection.
Amounts appropriated under the preceding sentence for any fiscal
year shall remain available until expended.''.
(h) Sense of Congress Regarding International Pilot Training
Standards.--
(1) Findings.--Congress makes the following findings:
(A) Increased reliance on automation in commercial
aviation risks a degradation of pilot skills in flight
path management using manual flight control.
(B) Manual flight skills are essential for pilot
confidence and competence.
(C) During the 40th Assembly of ICAO, the United
States, Canada, Peru, and Trinidad and Tobago presented
a working paper titled, ``Pilot Training Improvements to
Address Automation Dependency''.
(D) The working paper outlines recommendations for
the Assembly to mitigate the consequences of automation
dependency, including identifying competency
requirements for flight path management using manual
flight control and assessing the need for new or amended
international standards or guidance.
(2) Sense of congress.--It is the sense of Congress that, as
soon as practicable--
(A) the recommendations included in the working
paper titled ``Pilot Training Improvements to Address
Automation Dependency'' offered by the United States at
the 40th Assembly of ICAO should be made a priority by
the Assembly; and
(B) the United States should work with ICAO and
other international aviation safety groups, further
bolstering the components of airmanship.
SEC. 120. NONCONFORMITY WITH APPROVED TYPE DESIGN.
Section 44704(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Nonconformity with approved type design.--
``(A) In general.--Consistent with the requirements
of paragraph (1), a holder of a production certificate
for an aircraft may not present a nonconforming
aircraft, either directly or through the registered
owner of such aircraft or a person described in
paragraph (2), to the Administrator for issuance of an
initial airworthiness certificate.
``(B) Civil penalty.--Notwithstanding section 46301,
a production certificate holder who knowingly violates
subparagraph (A) shall be liable to the Administrator
for a civil penalty of not more than $1,000,000 for each
nonconforming aircraft.
[[Page 134 STAT. 2344]]
``(C) <<NOTE: Determination.>> Penalty
considerations.--In determining the amount of a civil
penalty under subparagraph (B), the Administrator shall
consider--
``(i) the nature, circumstances, extent, and
gravity of the violation, including the length of
time the nonconformity was known by the holder of
a production certificate but not disclosed; and
``(ii) with respect to the violator, the
degree of culpability, any history of prior
violations, and the size of the business concern.
``(D) Nonconforming aircraft defined.--In this
paragraph, the term `nonconforming aircraft' means an
aircraft that does not conform to the approved type
design for such aircraft type.''.
SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS.
(a) <<NOTE: Reports.>> In General.--Not later than 1 year after the
date of enactment of this title, the Administrator shall submit a report
to the congressional committees of jurisdiction on the status of the
Administration's implementation of covered recommendations.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum--
(1) <<NOTE: List.>> a list and description of all covered
recommendations;
(2) <<NOTE: Determination.>> a determination of whether the
Administrator concurs, concurs in part, or does not concur with
each covered recommendation;
(3) <<NOTE: Implementation plan.>> an implementation plan
and schedule for all covered recommendations the Administrator
concurs or concurs in part with; and
(4) for each covered recommendation with which the
Administrator does not concur (in whole or in part), a detailed
explanation as to why.
(c) Covered Recommendations Defined.--In this section, the term
``covered recommendations'' means recommendations made by the following
entities in any review initiated in response to the accident of Lion Air
flight 610 on October 29, 2018, or Ethiopian Airlines flight 302 on
March 10, 2019, that recommend Administration action:
(1) The National Transportation Safety Board.
(2) The Joint Authorities Technical Review.
(3) The inspector general of the Department of
Transportation.
(4) The Safety Oversight and Certification Advisory
Committee, or any special committee thereof.
(5) Any other entity the Administrator may designate.
SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.
(a) <<NOTE: Deadline. Establishment.>> In General.--Not later than
180 days after the date of enactment of this title, the Administrator
shall establish an Executive Council within the Administration to
oversee the use and effectiveness across program offices of the
Administration's Compliance Program, described in Order 8000.373A dated
October 31, 2018.
(b) Compliance Program Oversight.--The Executive Council established
under this section shall--
(1) <<NOTE: Analysis.>> monitor, collect, and analyze data
on the use of the Compliance Program across program offices of
the Administration, including data on enforcement actions and
compliance
[[Page 134 STAT. 2345]]
actions pursued against regulated entities by such program
offices;
(2) <<NOTE: Evaluation. Time period. Assessment.>> conduct
an evaluation of the Compliance Program, not less frequently
than annually each calendar year through 2023, to assess the
functioning and effectiveness of such program in meeting the
stated goals and purpose of the program;
(3) <<NOTE: Reports.>> provide reports to the Administrator
containing the results of any evaluation conducted under
paragraph (2), including identifying in such report any
nonconformities or deficiencies in the implementation of the
program and compliance of regulated entities with safety
standards of the Administration;
(4) <<NOTE: Recommenda- tions.>> make recommendations to
the Administrator on regulations, guidance, performance
standards or metrics, or other controls that should be issued by
the Administrator to improve the effectiveness of the Compliance
Program in meeting the stated goals and purpose of the program
and to ensure the highest levels of aviation safety; and
(5) carry out any other oversight duties with respect to
implementation of the Compliance Program and assigned by the
Administrator.
(c) Executive Council.--
(1) Executive council membership.--The Executive Council
shall be comprised of representatives from each program office
with regulatory responsibility as provided in Order 8000.373A.
(2) <<NOTE: Appointment.>> Chairperson.--The Executive
Council shall be chaired by a person, who shall be appointed by
the Administrator and shall report directly to the
Administrator.
(3) Independence.--The Secretary of Transportation, the
Administrator, or any officer or employee of the Administration
may not prevent or prohibit the chair of the Executive Council
from performing the activities described in this section or from
reporting to Congress on such activities.
(4) Duration.--The Executive Council shall terminate on
October 1, 2023.
(d) <<NOTE: Time period.>> Annual Briefing.--Each calendar year
through 2023, the chair of the Executive Council shall provide a
briefing to the congressional committees of jurisdiction on the
effectiveness of the Administration's Compliance Program in meeting the
stated goals and purpose of the program and the activities of the office
described in subsection (b), including any reports and recommendations
made by the office during the preceding calendar year.
SEC. 123. SETTLEMENT AGREEMENT.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should fully exercise all rights and pursue all remedies
available to the Administrator under any settlement agreement between
the Administration and the holder of a type certificate and production
certificate for transport airplanes executed on December 18, 2015,
including a demand for full payment of any applicable civil penalties
deferred under such agreement, if the Administrator concludes that such
holder has not fully performed all obligations incurred under such
agreement.
(b) <<NOTE: Deadline.>> Congressional Briefing.--Not later than 60
days after the date of enactment of this title, and every 6 months
thereafter
[[Page 134 STAT. 2346]]
until a certificate holder described in subsection (a) has fully
performed all obligations incurred by such certificate holder under such
settlement agreement, the Administrator shall brief the congressional
committees of jurisdiction on action taken consistent with subsection
(a).
SEC. 124. <<NOTE: 49 USC 44516 note.>> HUMAN FACTORS EDUCATION
PROGRAM.
(a) Human Factors Education Program.--
(1) In general.--The Administrator shall develop a human
factors education program that addresses the effects of modern
flight deck systems, including automated systems, on human
performance for transport airplanes and the approaches for
better integration of human factors in aircraft design and
certification.
(2) Target audience.--The human factors education program
shall be integrated into the training protocols (as in existence
as of the date of enactment of this title) for, and be routinely
administered to, the following:
(A) Appropriate employees within the Flight
Standards Service.
(B) Appropriate employees within the Aircraft
Certification Service.
(C) <<NOTE: Determination.>> Other employees or
authorized representatives determined to be necessary by
the Administrator.
(b) Transport Airplane Manufacturer Information Sharing.--The
Administrator shall--
(1) <<NOTE: Requirement.>> require each transport airplane
manufacturer to provide the Administrator with the information
or findings necessary for flight crew to be trained on flight
deck systems;
(2) ensure the information or findings under paragraph (1)
adequately includes consideration of human factors; and
(3) ensure that each transport airplane manufacturer
identifies any technical basis, justification or rationale for
the information and findings under paragraph (1).
SEC. 125. BEST PRACTICES FOR ORGANIZATION DESIGNATION
AUTHORIZATIONS.
(a) In General.--Section 213 of the FAA Reauthorization Act of 2018
(Public Law 115-254, 132 Stat. 3249) <<NOTE: 49 USC 44736 note.>> is
amended--
(1) by striking subsection (g);
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b), the following:
``(c) Best Practices Review.--In addition to conducting the survey
required under subsection (b), the Panel shall conduct a review of a
sampling of ODA holders to identify and develop best practices. At a
minimum, the best practices shall address preventing and deterring
instances of undue pressure on or by an ODA unit member, within an ODA,
or by an ODA holder, or failures to maintain independence between the
FAA and an ODA holder or an ODA unit member. In carrying out such
review, the Panel shall--
``(1) examine other government regulated industries to
gather lessons learned, procedures, or processes that address
undue pressure of employees, perceived regulatory coziness, or
other failures to maintain independence;
``(2) identify ways to improve communications between an ODA
Administrator, ODA unit members, and FAA engineers
[[Page 134 STAT. 2347]]
and inspectors, consistent with section 44736(g) of title 49,
United States Code, in order to enable direct communication of
technical concerns that arise during a certification project
without fear of reprisal to the ODA Administrator or ODA unit
member; and
``(3) examine FAA designee programs, including the
assignment of FAA advisors to designees, to determine which
components of the program may improve the FAA's oversight of ODA
units, ODA unit members, and the ODA program.'';
(4) in subsection (d) (as redesignated by paragraph (2))--
(A) by striking paragraph (3) and redesignating
paragraphs (4) through (6) as paragraphs (3) through
(5), respectively;
(B) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``and'' at the end;
(C) in paragraph (5) (as so redesignated), by
striking the period at the end and inserting ``; and'';
and
(D) by adding at the end the following:
``(6) the results of the review conducted under subsection
(c).''; and
(5) by inserting after subsection (g) (as redesignated by
paragraph (2)), the following:
``(h) Best Practices Adoption.--
``(1) <<NOTE: Deadline. Requirement.>> In general.--Not
later than 180 days after the date on which the Administrator
receives the report required under subsection (e), the
Administrator shall establish best practices that are generally
applicable to all ODA holders and require such practices to be
incorporated, as appropriate, into each ODA holder's approved
procedures manual.
``(2) <<NOTE: Publication.>> Notice and comment period.--
The Administrator shall publish the established best practices
for public notice and comment for not fewer than 60 days prior
to requiring the practices, as appropriate, be incorporated into
each ODA holder's approved procedures manual.
``(i) Sunset.--The Panel shall terminate on the earlier of--
``(1) the date of submission of the report under subsection
(e); or
``(2) the date that is 2 years after the date on which the
Panel is first convened under subsection (a).''.
(b) Procedures Manual.--Section 44736(b)(3) of title 49, United
States Code, as amended by subsection (c)(2)(D) of section 107), is
further amended--
(1) in subparagraph (D) (as redesignated by such
subsection), by striking ``and'' after the semicolon at the end;
(2) in subparagraph (E) (as so redesignated), by striking
the period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) ensure the ODA holders procedures manual
contains procedures and policies based on best practices
established by the Administrator.''.
SEC. <<NOTE: 49 USC 44704 note.>> 126. HUMAN FACTORS RESEARCH.
(a) <<NOTE: Deadline. Consultation. Coordination. Requirements.>>
Human Factors.--Not later than 180 days after the date of enactment of
this title, the Administrator, in consultation with aircraft
manufacturers, operators, and pilots, and in coordination with the head
of such other Federal agency that the Administrator determines
appropriate, shall develop research requirements to
[[Page 134 STAT. 2348]]
address the integration of human factors in the design and certification
of aircraft that are intended for use in air transportation.
(b) Requirements.--In developing such research requirements, the
Administrator shall--
(1) establish goals for research in areas of study relevant
to advancing technology, improving design engineering and
certification practices, and facilitating better understanding
of human factors concepts in the context of the growing
development and reliance on automated or complex flight deck
systems in aircraft operations, including the development of
tools to validate pilot recognition and response assumptions and
diagnostic tools to improve the clarity of failure indications
presented to pilots;
(2) take into consideration and leverage any existing or
planned research that is conducted by, or conducted in
partnership with, the FAA; and
(3) focus on--
(A) preventing a recurrence of the types of
accidents that have involved transport category
airplanes designed and manufactured in the United
States; and
(B) increasingly complex aircraft systems and
designs.
(c) Implementation.--In implementing the research requirements
developed under this section, the Administrator shall work with
appropriate organizations and authorities with expertise including, to
the maximum extent practicable, the Center of Excellence for Technical
Training and Human Performance and the Center of Excellence developed or
expanded pursuant to section 127.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $7,500,000 for each of fiscal years
2021 through 2023, out of funds made available under section 48102(a) of
title 49, United States Code, to carry out this section.
SEC. 127. <<NOTE: 49 USC 44513 note.>> FAA CENTER OF EXCELLENCE
FOR AUTOMATED SYSTEMS AND HUMAN FACTORS
IN AIRCRAFT.
(a) In General.--The Administrator shall develop or expand a Center
of Excellence focused on automated systems and human factors in
transport category aircraft.
(b) Duties.--The Center of Excellence shall, as appropriate--
(1) facilitate collaboration among academia, the FAA, and
the aircraft and airline industries, including aircraft, engine,
and equipment manufacturers, air carriers, and representatives
of the pilot community;
(2) establish goals for research in areas of study relevant
to advancing technology, improving engineering practices, and
facilitating better understanding of human factors concepts in
the context of the growing development and reliance on automated
or complex systems in commercial aircraft, including continuing
education and training;
(3) examine issues related to human system integration and
flight crew and aircraft interfaces, including tools and methods
to support the integration of human factors considerations into
the aircraft design and certification process; and
(4) review safety reports to identify potential human
factors issues for research.
[[Page 134 STAT. 2349]]
(c) Avoiding Duplication of Work.--In developing or expanding the
Center of Excellence, the Administrator shall ensure the work of the
Center of Excellence does not duplicate or overlap with the work of any
other established center of excellence.
(d) Member Prioritization.--
(1) In general.--The Administrator, when developing or
expanding the Center of Excellence, shall prioritize the
inclusion of subject-matter experts whose professional
experience enables them to be objective and impartial in their
contributions to the greatest extent possible.
(2) Representation.--The Administrator shall require that
the membership of the Center of Excellence reflect a balanced
viewpoint across broad disciplines in the aviation industry.
(3) Disclosure.--Any member of the Center of Excellence who
is a Boeing Company or FAA employee who participated in the
certification of the Maneuvering Characteristics Augmentation
System for the 737 MAX-8 airplane must disclose such involvement
to the FAA prior to performing any work on behalf of the FAA.
(4) Transparency.--In developing or expanding the Center of
Excellence, the Administrator shall develop procedures to
facilitate transparency and appropriate maintenance of records
to the maximum extent practicable.
(5) Coordination.--Nothing in this section shall preclude
coordination and collaboration between the Center of Excellence
developed or expanded under this section and any other
established center of excellence.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $2,000,000 for each of fiscal years
2021 through 2023, out of funds made available under section 48102(a) of
title 49, United States Code, to carry out this section. Amounts
appropriated under the preceding sentence for any fiscal year shall
remain available until expended.
SEC. 128. <<NOTE: 49 USC 44704 note.>> PILOT OPERATIONAL
EVALUATIONS.
(a) <<NOTE: Deadline.>> Pilot Operational Evaluations.--Not later
than 1 year after the date of enactment of this title, the Administrator
shall revise existing policies for manufacturers of transport airplanes
to ensure that pilot operational evaluations for airplane types that are
submitted for certification utilize pilots from air carriers that are
expected to operate such airplanes.
(b) Requirement.--Such manufacturer shall ensure, to the
satisfaction of the Administrator, that the air carrier and foreign air
carrier pilots used for such evaluations include pilots of varying
levels of experience.
SEC. 129. ENSURING APPROPRIATE RESPONSIBILITY OF AIRCRAFT
CERTIFICATION AND FLIGHT STANDARDS
PERFORM-
ANCE OBJECTIVES AND METRICS.
(a) Repeals.--Sections 211 and 221 of the FAA Reauthorization Act of
2018 (49 U.S.C. 44701 note) are repealed.
(b) Conforming Repeals.--Paragraphs (8) and (9) of section 202(c) of
the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) are repealed.
SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.
(a) Deadlines.--
[[Page 134 STAT. 2350]]
(1) Agreement.--Not later than 15 days after the date of
enactment of this title, the Administrator shall enter into an
agreement with the National Academies of Sciences to develop a
report regarding the methodology and effectiveness of the
Transport Airplane Risk Assessment Methodology (TARAM) process
used by the FAA.
(2) Report.--Not later than 180 days after the date of
enactment of this title, the National Academies of Sciences
shall deliver such report to the congressional committees of
jurisdiction.
(b) <<NOTE: Assessments.>> Elements.--The report under subsection
(a) shall include the following elements:
(1) An assessment of the TARAM analysis process.
(2) An assessment of the effectiveness of the TARAM for the
purposes of improving aviation safety.
(3) <<NOTE: Recommenda- tions.>> Recommendations to improve
the methodology and effectiveness of the TARAM as an element of
aviation safety.
(c) Required Notice.--The Administrator shall provide notice to the
congressional committees of jurisdiction on the findings and
recommendations of a TARAM conducted following a transport airplane
accident--
(1) in which a loss of life occurred; and
(2) <<NOTE: Determination.>> for which the Administrator
determines that the issuance of an airworthiness directive will
likely be necessary to correct an unsafe condition associated
with the design of the relevant aircraft type.
SEC. 131. <<NOTE: 49 USC 40101 note.>> NATIONAL AIR GRANT
FELLOWSHIP PROGRAM.
(a) Program.--
(1) Program maintenance.--The Administrator shall maintain
within the FAA a program to be known as the ``National Air Grant
Fellowship Program''.
(2) Program elements.--The National Air Grant Fellowship
Program shall provide support for the fellowship program under
subsection (b).
(3) Responsibilities of administrator.--
(A) Guidelines.--The Administrator shall establish
guidelines related to the activities and
responsibilities of air grant fellowships under
subsection (b).
(B) <<NOTE: Regulations.>> Qualifications.--The
Administrator shall by regulation prescribe the
qualifications required for designation of air grant
fellowships under subsection (b).
(C) Authority.--In order to carry out the provisions
of this section, the Administrator may--
(i) <<NOTE: Appointments.>> appoint, assign
the duties, transfer, and fix the compensation of
such personnel as may be necessary, in accordance
with civil service laws;
(ii) <<NOTE: Appointments.>> make
appointments with respect to temporary and
intermittent services to the extent authorized by
section 3109 of title 5, United States Code;
(iii) <<NOTE: Contracts.>> enter into
contracts, cooperative agreements, and other
transactions without regard to section 6101 of
title 41, United States Code;
(iv) notwithstanding section 1342 of title 31,
United States Code, accept donations and voluntary
and uncompensated services;
[[Page 134 STAT. 2351]]
(v) accept funds from other Federal
departments and agencies, including agencies
within the FAA, to pay for and add to activities
authorized by this section; and
(vi) <<NOTE: Regulations.>> promulgate such
rules and regulations as may be necessary and
appropriate.
(4) Director of national air grant fellowship program.--
(A) <<NOTE: Appointments.>> In general.--The
Administrator shall appoint, as the Director of the
National Air Grant Fellowship Program, a qualified
individual who has appropriate administrative experience
and knowledge or expertise in fields related to
aerospace. The Director shall be appointed and
compensated, without regard to the provisions of title 5
governing appointments in the competitive service, at a
rate payable under section 5376 of title 5, United
States Code.
(B) Duties.--Subject to the supervision of the
Administrator, the Director shall administer the
National Air Grant Fellowship Program. In addition to
any other duty prescribed by law or assigned by the
Administrator, the Director shall--
(i) cooperate with institutions of higher
education that offer degrees in fields related to
aerospace;
(ii) encourage the participation of graduate
and post-graduate students in the National Air
Grant Fellowship Program; and
(iii) cooperate and coordinate with other
Federal activities in fields related to aerospace.
(b) Fellowships.--
(1) In general.--The Administrator shall support a program
of fellowships for qualified individuals at the graduate and
post-graduate level. The fellowships shall be in fields related
to aerospace and awarded pursuant to guidelines established by
the Administrator. The Administrator shall strive to ensure
equal access for minority and economically disadvantaged
students to the program carried out under this paragraph.
(2) Aerospace policy fellowship.--
(A) In general.--The Administrator shall award
aerospace policy fellowships to support the placement of
individuals at the graduate level of education in fields
related to aerospace in positions with--
(i) the executive branch of the United States
Government; and
(ii) the legislative branch of the United
States Government.
(B) Placement priorities for legislative
fellowships.--
(i) In general.--In considering the placement
of individuals receiving a fellowship for a
legislative branch position under subparagraph
(A)(ii), the Administrator shall give priority to
placement of such individuals in the following:
(I) Positions in offices of, or with
Members on, committees of Congress that
have jurisdiction over the FAA.
[[Page 134 STAT. 2352]]
(II) Positions in offices of Members
of Congress that have a demonstrated
interest in aerospace policy.
(ii) Equitable distribution.--In placing
fellows in positions described under clause (i),
the Administrator shall ensure that placements are
equally distributed among the political parties.
(C) Duration.--A fellowship awarded under this
paragraph shall be for a period of not more than 1 year.
(3) Restriction on use of funds.--Amounts available for
fellowships under this subsection, including amounts accepted
under subsection (a)(3)(C)(v) or appropriated under subsection
(d) to carry out this subsection, shall be used only for award
of such fellowships and administrative costs of implementing
this subsection.
(c) Interagency Cooperation.--Each department, agency, or other
instrumentality of the Federal Government that is engaged in or
concerned with, or that has authority over, matters relating to
aerospace--
(1) <<NOTE: Reimbursement.>> may, upon a written request
from the Administrator, make available, on a reimbursable basis
or otherwise, any personnel (with their consent and without
prejudice to their position and rating), service, or facility
that the Administrator deems necessary to carry out any
provision of this section;
(2) <<NOTE: Data.>> shall, upon a written request from the
Administrator, furnish any available data or other information
that the Administrator deems necessary to carry out any
provision of this section; and
(3) shall cooperate with the FAA and duly authorized
officials thereof.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $15,000,000 for each of fiscal years
2021 through 2025 to carry out this section. Amounts appropriated under
the preceding sentence shall remain available until expended.
(e) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Air Grant Fellowship Program, appointed pursuant to
subsection (a)(4).
(2) Fields related to aerospace.--The term ``fields related
to aerospace'' means any discipline or field that is concerned
with, or likely to improve, the development, assessment,
operation, safety, or repair of aircraft and other airborne
objects and systems, including the following:
(A) Aerospace engineering.
(B) Aerospace physiology.
(C) Aeronautical engineering.
(D) Airworthiness engineering.
(E) Electrical engineering.
(F) Human factors.
(G) Software engineering.
(H) Systems engineering.
SEC. 132. <<NOTE: 49 USC 40101 note.>> EMERGING SAFETY TRENDS IN
AVIATION.
(a) <<NOTE: Deadline. Contracts.>> General.--Not later than 180
days after the date of enactment of this title, the Administrator shall
enter into an agreement
[[Page 134 STAT. 2353]]
with the Transportation Research Board for the purposes of developing an
annual report identifying, categorizing, and analyzing emerging safety
trends in air transportation.
(b) Factors.--The emerging safety trends report should be based on
the following data:
(1) The National Transportation Safety Board's investigation
of accidents under section 1132 of title 49, United States Code.
(2) The Administrator's investigations of accidents and
incidents under section 40113 of title 49, United States Code.
(3) Information provided by air operators pursuant to safety
management systems.
(4) International investigations of accidents and incidents,
including reports, data, and information from foreign
authorities and ICAO.
(5) Other sources deemed appropriate for establishing
emerging safety trends in the aviation sector, including the
FAA's annual safety culture assessment required under subsection
(c).
(c) <<NOTE: Time period. Determination.>> Safety Culture
Assessment.--The Administrator shall conduct an annual safety culture
assessment through fiscal year 2031, which shall include surveying all
employees in the FAA's Aviation Safety organization (AVS) to determine
the employees' collective opinion regarding, and to assess the health
of, AVS' safety culture and implementation of any voluntary safety
reporting program.
(d) <<NOTE: Consultation.>> Existing Reporting Systems.--The
Executive Director of the Transportation Research Board, in consultation
with the Secretary of Transportation and Administrator, may take into
account and, as necessary, harmonize data and sources from existing
reporting systems within the Department of Transportation and FAA.
(e) <<NOTE: Time periods. Consultation.>> Biennial Report to
Congress.--One year after the Administrator enters into the agreement
with the Transportation Research Board as set forth in subsection (a),
and biennially thereafter through fiscal year 2031, the Executive
Director, in consultation with the Secretary and Administrator, shall
submit to the congressional committees of jurisdiction a report
identifying the emerging safety trends in air transportation.
SEC. 133. FAA ACCOUNTABILITY ENHANCEMENT.
(a) Enhancement of the Aviation Safety Whistleblower Investigation
Office in the Federal Aviation Administration.--
(1) Renaming of the office.--
(A) In general.--Section 106(t)(1) of title 49,
United States Code, is amended by striking ``an Aviation
Safety Whistleblower Investigation Office'' and
inserting ``the Office of Whistleblower Protection and
Aviation Safety Investigations''.
(B) Conforming amendment.--The heading of subsection
(t) of section 106 of title 49, United States Code, is
amended by striking ``Aviation Safety Whistleblower
Investigation Office'' and inserting ``Office of
Whistleblower Protection and Aviation Safety
Investigations''.
(2) Duties.--
[[Page 134 STAT. 2354]]
(A) In general.--Section 106(t)(3)(A) of title 49,
United States Code, is amended--
(i) in clause (i), by striking ``(if the
certificate holder does not have a similar in-
house whistleblower or safety and regulatory
noncompliance reporting process)'' and inserting
``(if the certificate holder does not have a
similar in-house whistleblower or safety and
regulatory noncompliance reporting process
established under or pursuant to a safety
management system)'';
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) in clause (iii), by striking the period
at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(iv) receive allegations of whistleblower
retaliation by employees of the Agency;
``(v) coordinate with and provide all
necessary assistance to the Office of
Investigations and Professional Responsibility,
the inspector general of the Department of
Transportation, and the Office of Special Counsel
on investigations relating to whistleblower
retaliation by employees of the Agency; and
``(vi) investigate allegations of
whistleblower retaliation by employees of the
Agency that have been delegated to the Office by
the Office of Investigations and Professional
Responsibility, the inspector general of the
Department of Transportation, or the Office of
Special Counsel.''.
(B) Limitation.--Section 106(t)(2) of title 49,
United States Code, is amended by adding at the end the
following:
``(E) Limitation of duties.-- The Director may only
perform duties of the Director described in paragraph
(3)(A).''.
(C) Conforming amendments.--Section 106(t)(7) of
title 49, United States Code, is amended--
(i) in the matter preceding subparagraph (A),
by striking ``October 1'' and inserting ``November
15''; and
(ii) in subparagraph (A), by striking
``paragraph (3)(A)(i) in the preceding 12-month
period'' and inserting ``paragraph (3)(A)(i) in
the preceding fiscal year''.
(3) Report.--Section 106(t)(7) of title 49, United States
Code, as amended by paragraph (2)(C), is further amended--
(A) in subparagraph (C)--
(i) by inserting ``the resolution of those
submissions, including any'' before ``further'';
and
(ii) by striking ``and'' after the semicolon;
(B) in subparagraph (D) by striking
``recommendations.'' and inserting ``recommendations;
and''; and
(C) by adding at the end the following:
``(E) <<NOTE: Summaries. Time period.>> A summary
of the activities of the Whistleblower Ombudsman,
including--
``(i) the number of employee consultations
conducted by the Whistleblower Ombudsman in the
preceding 12-month period and a summary of such
consultations and their resolution (in a de-
identified or anonymized form); and
[[Page 134 STAT. 2355]]
``(ii) the number of reported incidents of
retaliation during such period and, if applicable,
a description of the disposition of such incidents
during such period.''.
(b) Whistleblower Ombudsman.--Section 106(t) of title 49, United
States Code, is further amended by adding at the end the following:
``(8) Whistleblower ombudsman.--
``(A) In general.--Within the Office, there shall be
established the position of Whistleblower Ombudsman.
``(B) Ombudsman qualifications.--The individual
selected as Ombudsman shall have knowledge of Federal
labor law and demonstrated government experience in
human resource management, and conflict resolution.
``(C) Duties.--The Ombudsman shall carry out the
following duties:
``(i) Educate Administration employees about
prohibitions against materially adverse acts of
retaliation and any specific rights or remedies
with respect to those retaliatory actions.
``(ii) Serve as an independent confidential
resource for Administration employees to discuss
any specific retaliation allegation and available
rights or remedies based on the circumstances, as
appropriate.
``(iii) <<NOTE: Coordination.>> Coordinate
with Human Resource Management, the Office of
Accountability and Whistleblower Protection, the
Office of Professional Responsibility, and the
Office of the Chief Counsel, as necessary.
``(iv) Coordinate with the Office of the
Inspector General of the Department of
Transportation's Whistleblower Protection
Coordinator and the Office of the Special Counsel,
as necessary.
``(v) Conduct outreach and assist in the
development of training within the Agency to
mitigate the potential for retaliation and promote
timely and appropriate processing of any protected
disclosure or allegation of materially adverse
acts of retaliation.''.
(c) <<NOTE: 49 USC 40122 note.>> Office of Investigations and
Professional Responsibility.--The Administrator shall take such action
as may be necessary to redesignate the Office of Investigations of the
Administration as the Office of Investigations and Professional
Responsibility.
(d) Misconduct Investigations.--
(1) <<NOTE: Review.>> In general.--The Administrator shall
review and revise the Administration's existing investigative
policies that govern the investigation of misconduct by a
manager of the Administration conducted by the FAA (in this
subsection referred to as the ``Agency'').
(2) Preservation of collective bargaining agreements.--The
investigative policy established under paragraph (1) shall not
apply to, or in the future, be extended by the Administrator to
apply to, any employee who is not a manager or is covered by or
eligible to be covered by a collective bargaining agreement
entered into by the Agency.
(3) Requirements.--In revising the investigative policies,
the Administrator shall ensure such policies require--
[[Page 134 STAT. 2356]]
(A) the utilization of investigative best practices
to ensure independent and objective investigation and
accurate recording and reporting of such investigation;
(B) the management of case files to ensure the
integrity of the information contained in such case
files;
(C) interviews be conducted in a manner that
ensures, to the greatest extent possible, truthful
answers and accurate records of such interviews;
(D) <<NOTE: Coordination.>> coordination with the
Office of the Inspector General of the Department of
Transportation, the Office of the Special Counsel, and
the Attorney General, as appropriate; and
(E) the completion of investigations in a timely
manner.
(4) Definition.--For purposes of this subsection, the term
``manager'' means an employee of the Agency who is a supervisor
or management official, as defined in section 7103(a) of title
5, United States Code.
SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE ADVANCED
MATERIALS CENTER OF EXCELLENCE.
Section 44518 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Authorization of Appropriations.--Out of amounts appropriated
under section 48102(a), the Administrator may expend not more than
$10,000,000 for each of fiscal years 2021 through 2023 to carry out this
section. Amounts appropriated under the preceding sentence for each
fiscal year shall remain available until expended.''.
SEC. 135. <<NOTE: 49 USC 44515 note.>> PROMOTING AVIATION
REGULATIONS FOR TECHNICAL TRAINING.
(a) New Regulations Required.--
(1) <<NOTE: Deadline.>> Interim final regulations.--Not
later than 90 days after the date of enactment of this section,
the Administrator shall issue interim final regulations to
establish requirements for issuing aviation maintenance
technician school certificates and associated ratings and the
general operating rules for the holders of those certificates
and ratings in accordance with the requirements of this section.
(2) Repeal of current regulations.--Upon the effective date
of the interim final regulations required under paragraph (1),
part 147 of title 14, Code of Federal Regulations (as in effect
on the date of enactment of this title) and any regulations
issued under section 624 of the FAA Reauthorization Act of 2018
(Public Law 115-254) shall have no force or effect on or after
the effective date of such interim final regulations.
(b) Aviation Maintenance Technician School Certification Required.--
No person may operate an aviation maintenance technician school without,
or in violation of, an aviation maintenance technician school
certificate and the operations specifications issued under the interim
final regulations required under subsection (a)(1), the requirements of
this section, or in a manner that is inconsistent with information in
the school's operations specifications under subsection (c)(5).
(c) Certificate and Operations Specifications Requirements.--
(1) Application requirements.--
[[Page 134 STAT. 2357]]
(A) In general.--An application for a certificate or
rating to operate an aviation maintenance technician
school shall include the following:
(i) A description of the facilities, including
the physical address of the certificate holder's
primary location for operation of the school, any
additional fixed locations where training will be
provided, and the equipment and materials to be
used at each location.
(ii) A description of the manner in which the
school's curriculum will ensure the student has
the knowledge and skills necessary for attaining a
mechanic certificate and associated ratings under
subpart D of part 65 of title 14, Code of Federal
Regulations (or any successor regulation).
(iii) A description of the manner in which the
school will ensure it provides the necessary
qualified instructors to meet the requirements of
subsection (d)(4).
(B) Documented in the school's operations
specifications.--Upon issuance of the school's
certificate or rating, the information required under
subparagraph (A) shall be documented in the school's
operations specifications.
(2) Change applications.--
(A) In general.--An application for an additional
rating or amended certificate shall include only the
information necessary to substantiate the reason for the
requested additional rating or change.
(B) Approved changes.--Any approved changes shall be
documented in the school's operations specifications.
(3) Duration.--An aviation maintenance technician school
certificate or rating issued under the interim final regulations
required under subsection (a)(1) shall be effective from the
date of issue until the certificate or rating is surrendered,
suspended, or revoked.
(4) Certificate ratings.--An aviation maintenance technician
school certificate issued under the interim final regulations
required under subsection (a)(1) shall specify which of the
following ratings are held by the aviation maintenance
technician school:
(A) Airframe.
(B) Powerplant.
(C) Airframe and Powerplant.
(5) Operations specifications.--A certificated aviation
maintenance technician school shall operate in accordance with
operations specifications that include the following:
(A) The certificate holder's name.
(B) The certificate holder's air agency certificate
number.
(C) The name and contact information of the
certificate holder's primary point of contact.
(D) The physical address of the certificate holder's
primary location, as provided under paragraph (1)(A).
(E) The physical address of any additional location
of the certificate holder, as provided under subsection
(d)(2).
(F) The ratings held, as provided under paragraph
(4).
[[Page 134 STAT. 2358]]
(G) Any regulatory exemption granted to the school
by the Administrator.
(d) Operations Requirements.--
(1) Facilities, equipment, and material requirements.--Each
certificated aviation maintenance technician school shall
provide and maintain the facilities, equipment, and materials
that are appropriate to the 1 or more ratings held by the school
and the number of students taught.
(2) Training provided at another location.--A certificated
aviation maintenance technician school may provide training at
any additional location that meets the requirements of the
interim final regulations required under subsection (a)(1) and
is listed in the certificate holder's operations specifications.
(3) Training requirements.--Each certificated aviation
maintenance technician school shall--
(A) establish, maintain, and utilize a curriculum
designed to continually align with mechanic airman
certification standards as appropriate for the ratings
held;
(B) provide training of a quality that meets the
requirements of subsection (f)(1); and
(C) ensure students have the knowledge and skills
necessary to be eligible to test for a mechanic
certificate and associated ratings under subpart D of
part 65 of title 14, Code of Federal Regulations (or any
successor regulation).
(4) Instructor requirements.--Each certificated aviation
maintenance technician school shall--
(A) provide qualified instructors to teach in a
manner that ensures positive educational outcomes are
achieved;
(B) ensure instructors hold a mechanic certificate
with 1 or more appropriate ratings (or, with respect to
instructors who are not certified mechanics, ensure
instructors are otherwise specifically qualified to
teach their assigned content); and
(C) ensure the student-to-instructor ratio does not
exceed 25:1 for any shop class.
(5) Certificate of completion.--Each certificated aviation
maintenance technician school shall provide authenticated
documentation to each graduating student, indicating the
student's date of graduation and curriculum completed, as
described in paragraph (3)(A).
(e) Quality Control System.--
(1) Accreditation.--Each aviation maintenance technician
school shall--
(A) be accredited as meeting the definition of an
institution of higher education provided for in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001); or
(B) establish and maintain a quality control system
that meets the requirements specified in paragraph (2)
and is approved by the Administrator.
(2) <<NOTE: Procedures.>> FAA-approved system
requirements.--In the case of an aviation maintenance technician
school that is not accredited as set forth in paragraph (1), the
Administrator shall approve a quality control system that
provides procedures for recordkeeping, assessment, issuing
credit, issuing of final course grades, attendance, ensuring
sufficient number of instructors,
[[Page 134 STAT. 2359]]
granting of graduation documentation, and corrective action for
addressing deficiencies.
(f) Additional Requirements.--
(1) <<NOTE: Deadline. Time period.>> Minimum passage
rate.--A certificated aviation maintenance technician school
shall maintain a pass rate of at least 70 percent of students
who took a written, oral, or practical (or any combination
thereof) FAA mechanic tests within 60 days of graduation for the
most recent 3-year period .
(2) <<NOTE: Determination.>> FAA inspection.--A
certificated aviation maintenance technician school shall allow
the Administrator such access as the Administrator determines
necessary to inspect the 1 or more locations of the school for
purposes of determining the school's compliance with the interim
final regulations required under subsection (a)(1), the
procedures and information outlined in the school's operations
specifications according to subsection (c)(5), and the aviation
maintenance technician school certificate issued for the school.
(3) Display of certificate.--A certificated aviation
maintenance technician school shall display its aviation
maintenance technician school certificate at a location in the
school that is visible by and normally accessible to the public.
(4) Early testing.--A certificated aviation maintenance
technician school may issue authenticated documentation
demonstrating a student's satisfactory progress, completion of
corresponding portions of the curriculum, and preparedness to
take the aviation mechanic written general knowledge test, even
if the student has not met the experience requirements of
section 65.77 of title 14, Code of Federal Regulations (or any
successor regulation). Any such documentation shall specify the
curriculum the student completed and the completion date.
SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM.
(a) <<NOTE: Contracts. Review.>> Report and Deadlines.--Not later
than 30 days after the date of enactment of this title, the
Administrator shall enter into an agreement with an appropriate
Federally-funded research and development center to review, develop, and
submit a report to the Administrator in accordance with the requirements
and elements set forth in this section.
(b) <<NOTE: Analyses. Assessments. Recommenda- tions.>> Elements.--
The review and report under subsection (a) shall set forth analyses,
assessments, and recommendations addressing the following elements for
transport category airplanes:
(1) Whether or not aviation safety would improve as the
result of institution of a fixed time beyond which a type
certificate may not be amended.
(2) Requiring the Administrator, when issuing an amended or
supplemental type certificate for a design that does not comply
with the latest amendments to the applicable airworthiness
standards, to document any exception from the latest amendment
to an applicable regulation, issue an exemption in accordance
with section 44701 of title 14, United States Code, or make a
finding of an equivalent level of safety in accordance with
section 21.21(a)(1) of title 14, Code of Federal Regulations.
(3) Safety benefits and costs for certification of transport
category airplanes resulting from the implementation of
paragraphs (1) and (2).
[[Page 134 STAT. 2360]]
(4) Effects on the development and introduction of
advancements in new safety enhancing design and technologies,
and continued operation and operational safety support of
products in service in the United States and worldwide,
resulting from the implementation of paragraphs (1) and (2).
(c) Investigations and Reports.--The review and report under
subsection (a) shall take into consideration investigations, reports,
and assessments regarding the Boeing 737 MAX, including but not limited
to investigations, reports, and assessments by the Joint Authorities
Technical Review, the National Transportation Safety Board, the
Department of Transportation Office of the Inspector General, the
Department of Transportation Special Committee, the congressional
committees of jurisdiction and other congressional committees, and
foreign authorities. The review and report under subsection (a) also
shall consider the impact of changes made by this title and the
amendments made by this title.
(d) <<NOTE: Recommenda- tions.>> Report to Congress.--Not later
than 270 days after the report developed under subsection (a) is
submitted to the Administrator, the Administrator shall submit a report
to the congressional committees of jurisdiction regarding the FAA's
response to the findings and recommendations of the report, what actions
the FAA will take as a result of such findings and recommendations, and
the FAA rationale for not taking action on any specific recommendation
SEC. 137. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title:
(1) Administration; faa.--The terms ``Administration'' and
``FAA'' mean the Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(3) Congressional committees of jurisdiction.--The term
``congressional committees of jurisdiction'' means the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(4) ICAO.--The term ``ICAO'' means the International Civil
Aviation Organization.
(5) Organization designation authorization.--The term
``organization designation authorization'' has the same meaning
given such term in section 44736(c) of title 49, United States
Code.
(6) Transport airplane.--The term ``transport airplane''
means a transport category airplane designed for operation by an
air carrier or foreign air carrier type-certificated with a
passenger seating capacity of 30 or more or an all-cargo or
combi derivative of such an airplane.
(7) Type certificate.--The term ``type certificate''--
(A) means a type certificate issued pursuant to
section 44704(a) of title 49, United States Code, or an
amendment to such certificate; and
(B) does not include a supplemental type certificate
issued under section 44704(b) of such section.
[[Page 134 STAT. 2361]]
DIVISION W <<NOTE: Intelligence Authorization Act for Fiscal Year
2021.>> --INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2021''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Continuity of operations plans for certain elements of the
intelligence community in the case of a national emergency.
Sec. 304. Application of Executive Schedule level III to position of
Director of National Reconnaissance Office.
Sec. 305. National Intelligence University.
Sec. 306. Data collection on attrition in intelligence community.
Sec. 307. Limitation on delegation of responsibility for program
management of information-sharing environment.
Sec. 308. Requirement to buy certain satellite component from American
sources.
Sec. 309. Limitation on construction of facilities to be used primarily
by intelligence community.
Sec. 310. Intelligence community student loan repayment programs.
Subtitle B--Reports and Assessments Pertaining to the Intelligence
Community
Sec. 321. Assessment by the Comptroller General of the United States on
efforts of the intelligence community and the Department of
Defense to identify and mitigate risks posed to the
intelligence community and the Department by the use of
direct-to-consumer genetic testing by the Government of the
People's Republic of China.
Sec. 322. Report on use by intelligence community of hiring
flexibilities and expedited human resources practices to
assure quality and diversity in the workforce of the
intelligence community.
Sec. 323. Report on signals intelligence priorities and requirements.
Sec. 324. Assessment of demand for student loan repayment program
benefit.
Sec. 325. Assessment of intelligence community demand for child care.
Sec. 326. Open source intelligence strategies and plans for the
intelligence community.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 401. Establishment of Office of the Ombudsman for Analytic
Objectivity.
Sec. 402. Expansion of personnel management authority to attract experts
in science and engineering.
Sec. 403. Senior Chief Petty Officer Shannon Kent Award for
distinguished female personnel of the National Security
Agency.
Sec. 404. Department of Homeland Security intelligence and cybersecurity
diversity fellowship program.
Sec. 405. Climate Security Advisory Council.
[[Page 134 STAT. 2362]]
TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES
Sec. 501. Requirements and authorities for Director of the Central
Intelligence Agency to improve education in science,
technology, engineering, arts, and mathematics.
Sec. 502. Seedling investment in next-generation microelectronics in
support of artificial intelligence.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Report on attempts by foreign adversaries to build
telecommunications and cybersecurity equipment and services
for, or to provide such equipment and services to, certain
allies of the United States.
Sec. 602. Report on threats posed by use by foreign governments and
entities of commercially available cyber intrusion and
surveillance technology.
Sec. 603. Reports on recommendations of the Cyberspace Solarium
Commission.
Sec. 604. Assessment of critical technology trends relating to
artificial intelligence, microchips, and semiconductors and
related supply chains.
Sec. 605. Combating Chinese influence operations in the United States
and strengthening civil liberties protections.
Sec. 606. Annual report on corrupt activities of senior officials of the
Chinese Communist Party.
Sec. 607. Report on corrupt activities of Russian and other Eastern
European oligarchs.
Sec. 608. Report on biosecurity risk and disinformation by the Chinese
Communist Party and the Government of the People's Republic
of China.
Sec. 609. Report on effect of lifting of United Nations arms embargo on
Islamic Republic of Iran.
Sec. 610. Report on Iranian activities relating to nuclear
nonproliferation.
Sec. 611. Annual reports on security services of the People's Republic
of China in the Hong Kong Special Administrative Region.
Sec. 612. Research partnership on activities of People's Republic of
China.
Sec. 613. Report on the pharmaceutical and personal protective equipment
regulatory practices of the People's Republic of China.
Sec. 614. National Intelligence Estimate on situation in Afghanistan.
Sec. 615. Assessment regarding tensions between Armenia and Azerbaijan.
Sec. 616. Sense of Congress on Third Option Foundation.
Sec. 617. Annual reports on worldwide threats.
Sec. 618. Annual report on Climate Security Advisory Council.
Sec. 619. Improvements to funding for National Security Education
program.
Sec. 620. Report on best practices to protect privacy, civil liberties,
and civil rights of Chinese Americans.
Sec. 621. National Intelligence Estimate on threat of global pandemic
disease.
Sec. 622. Modification of requirement for briefings on national security
effects of emerging infectious disease and pandemics.
Sec. 623. Independent study on open-source intelligence.
Sec. 624. Survey on Open Source Enterprise.
Sec. 625. Sense of Congress on report on murder of Jamal Khashoggi.
SEC. 2. <<NOTE: 50 USC 3003 note.>> DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence and the
Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Appropriations of the House of
Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives and in the Senate section of the Congressional Record by
the Chairman of the Select Committee on Intelligence
[[Page 134 STAT. 2363]]
of the Senate, shall have the same effect with respect to the
implementation of this division as if it were a joint explanatory
statement of a committee of conference.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2021
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
[[Page 134 STAT. 2364]]
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2021 the sum of
$759,000,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2021 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year 2021.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased by
such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 303. <<NOTE: 50 USC 3316b.>> CONTINUITY OF OPERATIONS PLANS
FOR CERTAIN ELEMENTS OF THE INTELLIGENCE
COMMUNITY IN THE CASE OF A NATIONAL
EMERGENCY.
(a) Definition of Covered National Emergency.--In this section, the
term ``covered national emergency'' means the following:
(1) A major disaster declared by the President under section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
(2) An emergency declared by the President under section 501
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191).
[[Page 134 STAT. 2365]]
(3) A national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.).
(4) A public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d).
(b) <<NOTE: Continuity of operations plans.>> In General.--The
Director of National Intelligence, the Director of the Central
Intelligence Agency, the Director of the National Reconnaissance Office,
the Director of the Defense Intelligence Agency, the Director of the
National Security Agency, and the Director of the National Geospatial-
Intelligence Agency shall each establish continuity of operations plans
for use in the case of covered national emergencies for the element of
the intelligence community concerned.
(c) Submission to Congress.--
(1) <<NOTE: Deadline.>> Director of national intelligence
and director of the central intelligence agency.--Not later than
7 days after the date on which a covered national emergency is
declared, the Director of National Intelligence and the Director
of the Central Intelligence Agency shall each submit to the
congressional intelligence committees the plan established under
subsection (b) for that emergency for the element of the
intelligence community concerned.
(2) Director of national reconnaissance office, director of
defense intelligence agency, director of national security
agency, and director of national geospatial-intelligence
agency.-- <<NOTE: Deadline.>> Not later than 7 days after the
date on which a covered national emergency is declared, the
Director of the National Reconnaissance Office, the Director of
the Defense Intelligence Agency, the Director of the National
Security Agency, and the Director of the National Geospatial-
Intelligence Agency shall each submit the plan established under
subsection (b) for that emergency for the element of the
intelligence community concerned to the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House of
Representatives.
(d) Updates.--During a covered national emergency, the Director of
National Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Reconnaissance Office, the Director of the
Defense Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-Intelligence Agency
shall each submit any updates to the plans submitted under subsection
(c)--
(1) in accordance with that subsection; and
(2) in a timely manner consistent with section 501 of the
National Security Act of 1947 (50 U.S.C. 3091).
SEC. 304. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITION
OF DIRECTOR OF NATIONAL RECONNAISSANCE
OFFICE.
Section 5314 of title 5, United States Code, is amended by adding at
the end the following:
``Director of the National Reconnaissance Office.''.
SEC. 305. NATIONAL INTELLIGENCE UNIVERSITY.
(a) In General.--Title X of the National Security Act of 1947 (50
U.S.C. 3191 et seq.) is amended by adding at the end the following:
[[Page 134 STAT. 2366]]
``Subtitle D--National Intelligence University
``SEC. 1031. <<NOTE: Definition. 50 USC 3227.>> TRANSFER DATE.
``In this subtitle, the term `transfer date' means the date on which
the National Intelligence University is transferred from the Defense
Intelligence Agency to the Director of National Intelligence under
section 5324(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
``SEC. 1032. <<NOTE: 50 USC 3227a.>> DEGREE-GRANTING AUTHORITY.
``(a) <<NOTE: Effective date. Regulations.>> In General.--Beginning
on the transfer date, under regulations prescribed by the Director of
National Intelligence, the President of the National Intelligence
University may, upon the recommendation of the faculty of the
University, confer appropriate degrees upon graduates who meet the
degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) <<NOTE: Determination.>> the University is accredited
by the appropriate academic accrediting agency or organization
to award the degree, as determined by the Secretary of
Education.
``(c) Congressional Notification Requirements.--
``(1) <<NOTE: Effective date.>> Actions on
nonaccreditation.--Beginning on the transfer date, the Director
shall promptly--
``(A) <<NOTE: Notification.>> notify the
congressional intelligence committees of any action by
the Middle States Commission on Higher Education, or
other appropriate academic accrediting agency or
organization, to not accredit the University to award
any new or existing degree; and
``(B) <<NOTE: Reports.>> submit to such committees
a report containing an explanation of any such action.
``(2) Modification or redesignation of degree-granting
authority.-- <<NOTE: Effective date. Reports.>> Beginning on the
transfer date, upon any modification or redesignation of
existing degree-granting authority, the Director shall submit to
the congressional intelligence committees a report containing--
``(A) the rationale for the proposed modification or
redesignation; and
``(B) <<NOTE: Recommenda- tions.>> any subsequent
recommendation of the Secretary of Education with
respect to the proposed modification or redesignation.
``SEC. <<NOTE: 50 USC 3227b.>> 1033. REPORTING.
``(a) <<NOTE: Plan.>> In General.--Not less frequently than once
each year, the Director of National Intelligence shall submit to the
congressional intelligence committees a plan for employing professors,
instructors, and lecturers at the National Intelligence University.
``(b) Elements.--Each plan submitted under subsection (a) shall
include the following:
``(1) The total number of proposed personnel to be employed
at the National Intelligence University.
``(2) The total annual compensation to be provided the
personnel described in paragraph (1).
[[Page 134 STAT. 2367]]
``(3) Such other matters as the Director considers
appropriate.
``(c) Form of Submittal.--Each plan submitted by the Director to the
congressional intelligence committees under subsection (a) shall be
submitted as part of another annual submission from the Director to the
congressional intelligence committees.
``SEC. 1034. <<NOTE: 50 USC 3227c.>> CONTINUED APPLICABILITY OF
THE FEDERAL ADVISORY COMMITTEE ACT TO
THE BOARD OF VISITORS.
``The Federal Advisory Committee Act (5 U.S.C. App.) shall continue
to apply to the Board of Visitors of the National Intelligence
University on and after the transfer date.''.
(b) <<NOTE: 50 USC 3227b note.>> Plan Regarding Personnel at
National Intelligence University.--
(1) <<NOTE: Deadline.>> Initial submission.--Not later than
180 days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the
congressional intelligence committees the first submission
required by section 1033(a) of the National Security Act of
1947, as added by subsection (a).
(2) Certain requirement not applicable.--Subsection (c) of
section 1033 of the National Security Act of 1947, as added by
subsection (a), shall not apply to the submittal under paragraph
(1) of this subsection.
(c) Conforming Amendments.--Section 5324 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) <<NOTE: 50 USC 3334a.>> in subsection (b)(1)(C), by
striking ``subsection (e)(2)'' and inserting ``section 1032(b)
of the National Security Act of 1947'';
(2) by striking subsections (e) and (f); and
(3) <<NOTE: 10 USC 2161 prec., 2161; 50 USC 3334a.>> by
redesignating subsections (g) and (h) as subsections (e) and
(f), respectively.
(d) Clerical Amendment.--The table of contents of the National
Security Act of 1947 is amended by inserting after the item relating to
section 1024 the following:
``Subtitle D--National Intelligence University
``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Reporting.
``Sec. 1034. Continued applicability of the Federal Advisory Committee
Act to the Board of Visitors.''.
SEC. 306. <<NOTE: 50 USC 3334h.>> DATA COLLECTION ON ATTRITION IN
INTELLIGENCE COMMUNITY.
(a) Standards for Data Collection.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence shall establish standards for collecting
data relating to attrition in the intelligence community
workforce across demographics, specialities, and length of
service.
(2) Inclusion of certain candidates.--The Director shall
include, in the standards established under paragraph (1),
standards for collecting data from candidates who accepted
conditional offers of employment but chose to withdraw from the
hiring process before entering into service, including data with
respect to the reasons such candidates chose to withdraw.
[[Page 134 STAT. 2368]]
(b) <<NOTE: Deadline.>> Collection of Data.--Not later than 120
days after the date of the enactment of this Act, each element of the
intelligence community shall begin collecting data on workforce and
candidate attrition in accordance with the standards established under
subsection (a).
(c) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Director shall
submit to the congressional intelligence committees a report on
workforce and candidate attrition in the intelligence community that
includes--
(1) the findings of the Director based on the data collected
under subsection (b);
(2) <<NOTE: Recommenda- tions.>> recommendations for
addressing any issues identified in those findings; and
(3) <<NOTE: Assessment.>> an assessment of timeliness in
processing hiring applications of individuals previously
employed by an element of the intelligence community, consistent
with the Trusted Workforce 2.0 initiative sponsored by the
Security Clearance, Suitability, and Credentialing Performance
Accountability Council.
SEC. 307. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
MANAGEMENT OF INFORMATION-SHARING
ENVIRONMENT.
Section 1016(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485(b)), as amended by section 6402(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), is further amended--
(1) in paragraph (1), in the matter before subparagraph (A),
by striking ``Director of National Intelligence'' and inserting
``President'';
(2) in paragraph (2), by striking ``Director of National
Intelligence'' both places it appears and inserting
``President''; and
(3) by adding at the end the following:
``(3) Delegation.--
``(A) In general.--Subject to subparagraph (B), the
President may delegate responsibility for carrying out
this subsection.
``(B) Limitation.--The President may not delegate
responsibility for carrying out this subsection to the
Director of National Intelligence.''.
SEC. 308. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM
AMERICAN SOURCES.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1109. <<NOTE: 50 USC 3239.>> REQUIREMENT TO BUY CERTAIN
SATELLITE COMPONENT FROM AMERICAN
SOURCES.
``(a) Definitions.--In this section:
``(1) Covered element of the intelligence community.--The
term `covered element of the intelligence community' means an
element of the intelligence community that is not an element of
the Department of Defense.
``(2) National security satellite.--The term `national
security satellite' means a satellite weighing over 400 pounds
whose principle purpose is to support the national security or
intelligence needs of the United States Government.
[[Page 134 STAT. 2369]]
``(3) United states.--The term `United States' means the
several States, the District of Columbia, and the territories
and possessions of the United States.
``(b) <<NOTE: Effective date.>> Requirement.--Beginning January 1,
2021, except as provided in subsection (c), a covered element of the
intelligence community may not award a contract for a national security
satellite if the satellite uses a star tracker that is not produced in
the United States, including with respect to both the software and the
hardware of the star tracker.
``(c) <<NOTE: Waiver authority. Certification.>> Exception.--The
head of a covered element of the intelligence community may waive the
requirement under subsection (b) if, on a case-by-case basis, the head
certifies in writing to the congressional intelligence committees that--
``(1) there is no available star tracker produced in the
United States that meets the mission and design requirements of
the national security satellite for which the star tracker will
be used;
``(2) the cost of a star tracker produced in the United
States is unreasonable, based on a market survey; or
``(3) such waiver is necessary for the national security
interests of the United States based on an urgent and compelling
need.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1108 the following new item:
``Sec. 1109. Requirement to buy certain satellite component from
American sources.''.
SEC. 309. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended--
(1) by striking `` $1,000,000'' both places it appears and
inserting `` $2,000,000''; and
(2) by striking ``the Director of National Intelligence
shall submit a notification'' and inserting ``the head of such
component, in coordination with and subject to the approval of
the Director of National Intelligence, shall submit a
notification''.
SEC. 310. <<NOTE: Deadlines. 50 USC 3334g note.>> INTELLIGENCE
COMMUNITY STUDENT LOAN REPAYMENT
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) student loan repayment programs are a crucial tool in
attracting and retaining talented individuals to the
intelligence community, particularly individuals from diverse
backgrounds;
(2) generous student loan repayment programs help the
intelligence community compete with the private sector for
talented employees;
(3) departments and agencies containing elements of the
intelligence community have authority to establish student loan
repayment programs either under section 5379 of title 5, United
States Code, or under the delegable authority of the Director of
National Intelligence under section 102A(n)(1) of the National
Security Act of 1947 (50 U.S.C. 3024(n)(1));
(4) although the Director should use the authority under
such section 102A(n)(1) sparingly, and should be exceedingly
[[Page 134 STAT. 2370]]
sparing in delegating such authority to an element of the
intelligence community, the Director should approve well-
predicated requests for such authority in the student loan
repayment context if an element of the intelligence community
can articulate an impediment to establishing or enhancing a
program under section 5379 of title 5, United States Code; and
(5) student loan repayment programs established by an
element of the intelligence community should provide flexibility
to intelligence community employees, including employees who
pursue loan-financed education in the middle of their careers or
after the day on which they first become intelligence community
employees.
(b) Student Loan Repayment Program Standards.--Not later than 180
days after the date of the enactment of this Act, the Director of
National Intelligence, or a designee of the Director who is an employee
of the Office of the Director of National Intelligence, shall establish
minimum standards for the repayment of student loans of employees of
elements of the intelligence community by such elements of the
intelligence community.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director shall submit to the appropriate congressional
committees a report on the standards established under subsection (b).
Such report shall include--
(1) an explanation of why such minimum standards were
established; and
(2) how such standards advance the goals of--
(A) attracting and retaining a talented intelligence
community workforce;
(B) competing with private sector companies for
talented employees; and
(C) promoting the development of a diverse
workforce.
(d) Failure To Meet Standards.--Not later than 180 days after the
date on which the standards required under subsection (b) are
established, the head of an element of the intelligence community that
does not meet such standards shall submit to the appropriate
congressional committees a report containing an explanation for why such
element does not meet such standards and an identification of any
additional authority or appropriations required to for the element to
meet such standards.
(e) <<NOTE: Deadline.>> Submittal of Regulations and Policies to
Congress.--Not later than 180 days after the date on which the standards
required under subsection (b) are established, the head of an element of
the intelligence community shall submit to the appropriate congressional
committees a copy of all internal regulations and policies governing the
student loan repayment program of that element as well as copies of such
policies redacted to remove classified information.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence of the
House of Representatives;
(2) the Select Committee on Intelligence of the Senate;
(3) with respect to an element of the intelligence community
within the Department of Defense, the Committees on Armed
Services of the Senate and House of Representatives;
[[Page 134 STAT. 2371]]
(4) with respect to an element of the intelligence community
within the Department of Justice, the Committees on the
Judiciary of the Senate and House of Representatives;
(5) with respect to an element of the intelligence community
within the Department of Homeland Security, the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives;
(6) with respect to an element of the intelligence community
within the Department of State, the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives;
(7) with respect to an element of the intelligence community
within the Department of Energy, the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives; and
(8) with respect to an element of the intelligence community
within the Department of the Treasury, the Committee on Finance
of the Senate and the Committee on Financial Services of the
House of Representatives.
(g) Form of Reports.--Each of the reports required under subsections
(c) and (d) shall be submitted in unclassified form, but may contain a
classified annex.
Subtitle B--Reports and Assessments Pertaining to the Intelligence
Community
SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED
STATES ON EFFORTS OF THE INTELLIGENCE
COMMUNITY AND THE DEPARTMENT OF DEFENSE
TO IDENTIFY AND MITIGATE RISKS POSED TO
THE INTELLIGENCE COMMUNITY AND THE
DEPARTMENT BY THE
USE OF DIRECT-TO-CONSUMER GENETIC
TESTING BY
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF
CHINA.
(a) Assessment Required.--The Comptroller General of the United
States shall assess the efforts of the intelligence community and the
Department of Defense to identify and mitigate the risks posed to the
intelligence community and the Department by the use of direct-to-
consumer genetic testing by the Government of the People's Republic of
China.
(b) Report Required.--
(1) Definition of united states direct-to-consumer genetic
testing company.--In this subsection, the term ``United States
direct-to-consumer genetic testing company'' means a private
entity that--
(A) carries out direct-to-consumer genetic testing;
and
(B) is organized under the laws of the United States
or any jurisdiction within the United States.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress, including the congressional intelligence
committees, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of Representatives,
a report on the assessment required by subsection (a).
[[Page 134 STAT. 2372]]
(3) Elements.--The report required by paragraph (2) shall
include the following:
(A) A description of key national security risks and
vulnerabilities associated with direct-to-consumer
genetic testing, including--
(i) how the Government of the People's
Republic of China may be using data provided by
personnel of the intelligence community and the
Department through direct-to-consumer genetic
tests; and
(ii) how ubiquitous technical surveillance may
amplify those risks.
(B) An assessment of the extent to which the
intelligence community and the Department have
identified risks and vulnerabilities posed by direct-to-
consumer genetic testing and have sought to mitigate
such risks and vulnerabilities, or have plans for such
mitigation, including the extent to which the
intelligence community has determined--
(i) in which United States direct-to-consumer
genetic testing companies the Government of the
People's Republic of China or entities owned or
controlled by the Government of the People's
Republic of China have an ownership interest; and
(ii) which United States direct-to-consumer
genetic testing companies may have sold data to
the Government of the People's Republic of China
or entities owned or controlled by the Government
of the People's Republic of China.
(C) <<NOTE: Recommenda- tions.>> Such
recommendations as the Comptroller General may have for
action by the intelligence community and the Department
to improve the identification and mitigation of risks
and vulnerabilities posed by the use of direct-to-
consumer genetic testing by the Government of the
People's Republic of China.
(4) Form.--The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Cooperation.--The heads of relevant elements of the intelligence
community and components of the Department shall--
(1) fully cooperate with the Comptroller General in
conducting the assessment required by subsection (a); and
(2) provide any information and data required by the
Comptroller General to conduct the assessment, consistent with
Intelligence Community Directive 114 or successor directive.
SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING
FLEXIBILITIES AND EXPEDITED HUMAN
RESOURCES PRACTICES TO ASSURE QUALITY
AND DIVERSITY IN THE WORKFORCE OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on how
elements of the intelligence community are exercising hiring
flexibilities and expedited human resources practices afforded under
section 3326 of title 5, United States Code, and subpart D of
[[Page 134 STAT. 2373]]
part 315 of title 5, Code of Federal Regulations, or successor
regulation, to assure quality and diversity in the workforce of the
intelligence community.
(b) Obstacles.--The report submitted under subsection (a) shall
include identification of any obstacles encountered by the intelligence
community in exercising the authorities described in such subsection.
SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND
REQUIREMENTS.
(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the majority and
minority leaders of the Senate, and the Speaker and minority leader of
the House of Representatives a report on signals intelligence priorities
and requirements subject to Presidential Policy Directive 28.
(b) Elements.--The report required by subsection (a) shall cover the
following:
(1) The implementation of the annual process for advising
the Director on signals intelligence priorities and requirements
described in section 3 of Presidential Policy Directive 28.
(2) The signals intelligence priorities and requirements as
of the most recent annual process.
(3) The application of such priorities and requirements to
the signals intelligence collection efforts of the intelligence
community.
(c) Contents of Classified Annex Referenced in Section 3 of
Presidential Policy Directive 28.--Not later than 30 days after the date
of the enactment of this Act, in addition to the report submitted under
subsection (a), the Director shall submit to the chairmen and ranking
minority members of the congressional intelligence committees, the
majority and minority leaders of the Senate, and the Speaker and
minority leader of the House of Representatives the contents of the
classified annex referenced in section 3 of Presidential Policy
Directive 28.
(d) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT PROGRAM
BENEFIT.
(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the date of the enactment of this Act, the head of each element of the
intelligence community shall--
(1) calculate the number of personnel of that element who
qualify for a student loan repayment program benefit;
(2) compare the number calculated under paragraph (1) to the
number of personnel who apply for such a benefit;
(3) <<NOTE: Recommenda- tions.>> provide recommendations
for how to structure such a program to optimize participation
and enhance the effectiveness of the benefit as a retention
tool, including with respect to the amount of the benefit
offered and the length of time an employee receiving a benefit
is required to serve under a continuing service agreement; and
(4) identify any shortfall in funds or authorities needed to
provide such a benefit.
[[Page 134 STAT. 2374]]
(b) Inclusion in Fiscal Year 2022 Budget Submission.--The Director
of National Intelligence shall include in the budget justification
materials submitted to Congress in support of the budget for the
intelligence community for fiscal year 2022 (as submitted with the
budget of the President under section 1105(a) of title 31, United States
Code) a report on the findings of the elements of the intelligence
community under subsection (a).
SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR CHILD
CARE.
(a) <<NOTE: Coordination. Reports.>> In General.--Not later than
180 days after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the heads of the elements of
the intelligence community specified in subsection (b), shall submit to
the congressional intelligence committees a report that includes--
(1) a calculation of the total annual demand for child care
by employees of such elements, at or near the workplaces of such
employees, including a calculation of the demand for early
morning and evening child care;
(2) an identification of any shortfall between the demand
calculated under paragraph (1) and the child care supported by
such elements as of the date of the report;
(3) an assessment of options for addressing any such
shortfall, including options for providing child care at or near
the workplaces of employees of such elements;
(4) an identification of the advantages, disadvantages,
security requirements, and costs associated with each such
option;
(5) a plan to meet, by the date that is 5 years after the
date of the report--
(A) the demand calculated under paragraph (1); or
(B) an alternative standard established by the
Director for child care available to employees of such
elements; and
(6) an assessment of needs of specific elements of the
intelligence community, including any Government-provided child
care that could be collocated with a workplace of employees of
such an element and any available child care providers in the
proximity of such a workplace.
(b) Elements Specified.--The elements of the intelligence community
specified in this subsection are the following:
(1) The Central Intelligence Agency.
(2) The National Security Agency.
(3) The Defense Intelligence Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Office of the Director of National Intelligence.
SEC. 326. <<NOTE: Deadlines.>> OPEN SOURCE INTELLIGENCE
STRATEGIES AND PLANS FOR THE
INTELLIGENCE COMMUNITY.
(a) Requirement for Survey and Evaluation of Customer Feedback.--Not
later than 90 days a <<NOTE: Coordination.>> fter the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the head of each element of the intelligence
community, shall--
(1) conduct a survey of the open source intelligence
requirements, goals, monetary and property investments, and
capabilities for each element of the intelligence community; and
[[Page 134 STAT. 2375]]
(2) evaluate the usability and utility of the Open Source
Enterprise by soliciting customer feedback and evaluating such
feedback.
(b) Requirement for Overall Strategy and for Intelligence Community,
Plan for Improving Usability of Open Source Enterprise, and Risk
Analysis of Creating Open Source Center.-- <<NOTE: Coordination.>> Not
later than 180 days after the date of the enactment of this Act, the
Director, in coordination with the head of each element of the
intelligence community and using the findings of the Director with
respect to the survey conducted under subsection (a), shall--
(1) develop a strategy for open source intelligence
collection, analysis, and production that defines the
overarching goals, roles, responsibilities, and processes for
such collection, analysis, and production for the intelligence
community;
(2) develop a plan for improving usability and utility of
the Open Source Enterprise based on the customer feedback
solicited under subsection (a)(2); and
(3) conduct a risk and benefit analysis of creating an open
source center independent of any current intelligence community
element.
(c) Requirement for Plan for Centralized Data Repository.--Not later
than 270 days after the date of the enactment of this Act and using the
findings of the Director with respect to the survey and evaluation
conducted under subsection (a), the strategy and plan developed under
subsection (b), and the risk and benefit analysis conducted under such
subsection, the Director shall develop a plan for a centralized data
repository of open source intelligence that enables all elements of the
intelligence community--
(1) to use such repository for their specific requirements;
and
(2) to derive open source intelligence advantages.
(d) Requirement for Cost-sharing Model.--Not later than 1 year after
the date of the enactment of this Act and using the findings of the
Director with respect to the survey and evaluation conducted under
subsection (a), the strategy and plan developed under subsection (b),
the risk and benefit analysis conducted under such subsection, and the
plan developed under subsection (c), the Director shall develop a cost-
sharing model that leverages the open source intelligence investments of
each element of the intelligence community for the beneficial use of the
entire intelligence community.
(e) Congressional Briefing.--Not later than 1 year after the date of
the enactment of this Act, the Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the Defense
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and the Director of the National Security Agency
shall jointly brief the congressional intelligence committees on--
(1) the strategy developed under paragraph (1) of subsection
(b);
(2) the plan developed under paragraph (2) of such
subsection;
(3) the plan developed under subsection (c); and
(4) the cost-sharing model developed under subsection (d).
[[Page 134 STAT. 2376]]
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 401. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR ANALYTIC
OBJECTIVITY.
(a) Office of the Ombudsman for Analytic Objectivity.--The Central
Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by
adding at the end the following:
``SEC. 24. <<NOTE: 50 USC 3525.>> OFFICE OF THE OMBUDSMAN FOR
ANALYTIC OBJECTIVITY.
``(a) Establishment.--
``(1) In general.--There is established in the Agency an
Office of the Ombudsman for Analytic Objectivity (in this
section referred to as the `Office').
``(2) Appointment of ombudsman.--The Office shall be headed
by an Ombudsman, who shall be appointed by the Director from
among current or former senior staff officers of the Agency.
``(b) Duties and Responsibilities.--The Ombudsman shall--
``(1) on an annual basis, conduct a survey of analytic
objectivity among officers and employees of the Agency;
``(2) implement a procedure by which any officer or employee
of the Agency may submit to the Office a complaint alleging
politicization, bias, lack of objectivity, or other issues
relating to a failure of tradecraft in analysis conducted by the
Agency;
``(3) except as provided in paragraph (4), upon receiving a
complaint submitted pursuant to paragraph (2), take reasonable
action to investigate the complaint, make a determination as to
whether the incident described in the complaint involved
politicization, bias, or lack of objectivity, and prepare a
report that--
``(A) summarizes the facts relevant to the
complaint;
``(B) documents the determination of the Ombudsman
with respect to the complaint; and
``(C) contains a recommendation for remedial action;
``(4) if a complaint submitted pursuant to paragraph (2)
alleges politicization, bias, or lack of objectivity in the
collection of intelligence information, refer the complaint to
the official responsible for supervising collection operations
of the Agency; and
``(5) continuously monitor changes in areas of analysis that
the Ombudsman determines involve a heightened risk of
politicization, bias, or lack of objectivity, to ensure that any
change in the analytic line arises from proper application of
analytic tradecraft and not as a result of politicization, bias,
or lack of objectivity.
``(c) Reports.--(1) On an annual basis, the Ombudsman shall submit
to the intelligence committees a report on the results of the survey
conducted pursuant to subsection (b)(1) with respect to the most recent
fiscal year.
``(2) On an annual basis, the Ombudsman shall submit to the
intelligence committees a report that includes--
[[Page 134 STAT. 2377]]
``(A) the number of complaints of submitted pursuant to
subsection (b)(2) during the most recent fiscal year; and
``(B) a description of the nature of such complaints, the
actions taken by the Office or any other relevant element or
component of the Agency with respect to such complaints, and the
resolution of such complaints.
``(3) On a quarterly basis, the Ombudsman shall submit to the
intelligence committees a report that includes--
``(A) <<NOTE: List.>> a list of the areas of analysis
monitored during the most recent calendar quarter pursuant to
subsection (b)(5); and
``(B) a brief description of the methods by which the Office
has conducted such monitoring.
``(d) Intelligence Committees Defined.--In this section, the term
`intelligence committees' means the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate.''.
(b) <<NOTE: 50 USC 3525 note.>> Reference.--Any reference in any
law, regulation, map, document, paper, or other record of the United
States to the Ombudsman for Analytic and Collection Objectivity of the
Central Intelligence Agency shall be deemed to be a reference to the
Office of the Ombudsman for Analytic Objectivity of the Central
Intelligence Agency established by section 24(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.), as added by
subsection (a).
(c) Report on Surveys for Fiscal Years 2018 and 2019.--Not later
than 10 days after the date of the enactment of this Act, the Director
of the Central Intelligence Agency shall submit to the congressional
intelligence committees any reports previously prepared by the Ombudsman
for Analytic and Collection Objectivity with respect to the surveys of
analytic objectivity conducted for fiscal years 2018 and 2019.
SEC. 402. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 1599h of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) NGA.--The Director of the National Geospatial-
Intelligence Agency may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for research and development projects and to enhance
the administration and management of the Agency.'';
(2) in subsection (b)(1)--
(A) in subparagraph (E), by striking ``; and'';
(B) in subparagraph (F), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(G) in the case of the National Geospatial-
Intelligence Agency, appoint individuals to a total of
not more than 7 positions in the Agency, of which not
more than 2 such positions may be positions of
administration or management in the Agency;''; and
[[Page 134 STAT. 2378]]
(3) in subsection (c)(2), by striking ``or the Joint
Artificial Intelligence Center'' and inserting ``the Joint
Artificial Intelligence Center, or the National Geospatial-
Intelligence Agency''.
SEC. 403. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
DISTINGUISHED FEMALE PERSONNEL OF THE
NATIONAL SECURITY AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.) is
amended by adding at the end the following new section:
``SEC. 21. <<NOTE: Determinations. 50 USC 3619.>> SENIOR CHIEF
PETTY OFFICER SHANNON KENT AWARD FOR
DISTINGUISHED FEMALE PERSONNEL.
``(a) Establishment.--The Director of the National Security Agency
shall establish an honorary award for the recognition of female
personnel of the National Security Agency for distinguished career
contributions in support of the mission of the Agency as civilian
employees or members of the Armed Forces assigned to the Agency. The
award shall be known as the `Senior Chief Petty Officer Shannon Kent
Award' and shall consist of a design determined appropriate by the
Director.
``(b) Award.--The Director shall award the Senior Chief Petty
Officer Shannon Kent Award to female civilian employees, members of the
Armed Forces, or former civilian employees or members, whom the Director
determines meet the criteria under subsection (a).''.
SEC. 404. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
CYBERSECURITY DIVERSITY FELLOWSHIP
PROGRAM.
(a) Program.--Subtitle D of title XIII of the Homeland Security Act
of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end the
following new section:
``SEC. 1333 <<NOTE: 6 USC 665a.>> . INTELLIGENCE AND CYBERSECURITY
DIVERSITY FELLOWSHIP PROGRAM.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate; and
``(B) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(2) Excepted service.--The term `excepted service' has the
meaning given that term in section 2103 of title 5, United
States Code.
``(3) Historically black college or university.--The term
`historically Black college or university' has the meaning given
the term `part B institution' in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(5) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
[[Page 134 STAT. 2379]]
``(b) Program.--The Secretary shall carry out an intelligence and
cybersecurity diversity fellowship program (in this section referred to
as the `Program') under which an eligible individual may--
``(1) participate in a paid internship at the Department
that relates to intelligence, cybersecurity, or some combination
thereof;
``(2) receive tuition assistance from the Secretary; and
``(3) upon graduation from an institution of higher
education and successful completion of the Program (as defined
by the Secretary), receive an offer of employment to work in an
intelligence or cybersecurity position of the Department that is
in the excepted service.
``(c) Eligibility.--To be eligible to participate in the Program, an
individual shall--
``(1) be a citizen of the United States; and
``(2) as of the date of submitting the application to
participate in the Program--
``(A) have a cumulative grade point average of at
least 3.2 on a 4.0 scale;
``(B) be a socially disadvantaged individual (as
that term in defined in section 124.103 of title 13,
Code of Federal Regulations, or successor regulation);
and
``(C) be a sophomore, junior, or senior at an
institution of higher education.
``(d) <<NOTE: Appointment.>> Direct Hire Authority.--If an
individual who receives an offer of employment under subsection (b)(3)
accepts such offer, the Secretary shall appoint, without regard to
provisions of subchapter I of chapter 33 of title 5, United States Code,
(except for section 3328 of such title) such individual to the position
specified in such offer.
``(e) Reports.--
``(1) Reports.--Not later than 1 year after the date of the
enactment of this section, and on an annual basis thereafter,
the Secretary shall submit to the appropriate committees of
Congress a report on the Program.
``(2) Matters.--Each report under paragraph (1) shall
include, with respect to the most recent year, the following:
``(A) A description of outreach efforts by the
Secretary to raise awareness of the Program among
institutions of higher education in which eligible
individuals are enrolled.
``(B) Information on specific recruiting efforts
conducted by the Secretary to increase participation in
the Program.
``(C) The number of individuals participating in the
Program, listed by the institution of higher education
in which the individual is enrolled at the time of
participation, and information on the nature of such
participation, including on whether the duties of the
individual under the Program relate primarily to
intelligence or to cybersecurity.
``(D) The number of individuals who accepted an
offer of employment under the Program and an
identification of the element within the Department to
which each individual was appointed.''.
[[Page 134 STAT. 2380]]
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 1332 the
following new item:
``Sec. 1333. Intelligence and cybersecurity diversity fellowship
program.''.
SEC. 405. CLIMATE SECURITY ADVISORY COUNCIL.
(a) Study on Advisory Council Model for Strategic or Transnational
Threats.--
(1) <<NOTE: Coordination.>> Study required.--The Director of
National Intelligence, in coordination with the heads of other
elements of the intelligence community determined appropriate by
the Director, shall conduct a study on the effectiveness of the
Climate Security Advisory Council as a potential model for
future advisory councils that--
(A) focus on optimizing the collection and analysis
of intelligence relating to strategic or transnational
threats to the national security of the United States
(including threats posed by disease outbreaks,
pandemics, or other global health threats); and
(B) are composed of elements of the intelligence
community and relevant elements of the Federal
Government that are not elements of the intelligence
community.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report containing the
findings of the study under paragraph (1).
(b) Technical Correction.--Section 120(c)(4) of the National
Security Act of 1947 (50 U.S.C. 3060(c)(4)) is amended by striking
``security indicators'' and inserting ``intelligence indications''.
TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES
SEC. 501. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY TO IMPROVE EDUCATION
IN SCIENCE, TECHNOLOGY, ENGINEERING,
ARTS, AND MATHEMATICS.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.), as amended by section 401, is further amended by adding at the
end the following:
``SEC. 25. <<NOTE: 50 USC 3526.>> IMPROVEMENT OF EDUCATION IN
SCIENCE, TECHNOLOGY, ENGINEERING, ARTS, AND
MATHEMATICS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' includes
a department or agency of the Federal Government, a State, a
political subdivision of a State, an individual, and a not-for-
profit or other organization in the private sector.
``(2) Educational institution.--The term `educational
institution' includes any public or private elementary school or
secondary school, institution of higher education, college,
university, or any other profit or nonprofit institution that is
dedicated to improving science, technology, engineering, the
arts, mathematics, business, law, medicine, or other fields that
[[Page 134 STAT. 2381]]
promote development and education relating to science,
technology, engineering, the arts, or mathematics.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States.
``(b) Requirements.--The Director shall, on a continuing basis--
``(1) identify actions that the Director may take to improve
education in the scientific, technology, engineering, arts, and
mathematics (known as `STEAM') skills necessary to meet the
long-term national security needs of the United States for
personnel proficient in such skills; and
``(2) establish and conduct programs to carry out such
actions.
``(c) Authorities.--
``(1) In general.--The Director, in support of educational
programs in science, technology, engineering, the arts, and
mathematics, may--
``(A) award grants to eligible entities;
``(B) provide cash awards and other items to
eligible entities;
``(C) accept voluntary services from eligible
entities;
``(D) support national competition judging, other
educational event activities, and associated award
ceremonies in connection with such educational programs;
and
``(E) enter into one or more education partnership
agreements with educational institutions in the United
States for the purpose of encouraging and enhancing
study in science, technology, engineering, the arts, and
mathematics disciplines at all levels of education.
``(2) Education partnership agreements.--
``(A) Nature of assistance provided.--Under an
education partnership agreement entered into with an
educational institution under paragraph (1)(E), the
Director may provide assistance to the educational
institution by--
``(i) loaning equipment to the educational
institution for any purpose and duration in
support of such agreement that the Director
considers appropriate;
``(ii) making personnel available to teach
science courses or to assist in the development of
science courses and materials for the educational
institution;
``(iii) providing sabbatical opportunities for
faculty and internship opportunities for students;
``(iv) involving faculty and students of the
educational institution in Agency projects,
including research and technology transfer or
transition projects;
``(v) cooperating with the educational
institution in developing a program under which
students may be given academic credit for work on
Agency projects, including research and technology
transfer for transition projects; and
``(vi) providing academic and career advice
and assistance to students of the educational
institution.
``(B) Priorities.--In entering into education
partnership agreements under paragraph (1)(E), the
Director shall
[[Page 134 STAT. 2382]]
prioritize entering into education partnership
agreements with the following:
``(i) Historically Black colleges and
universities and other minority-serving
institutions, as described in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(ii) Educational institutions serving women,
members of minority groups, and other groups of
individuals who traditionally are involved in the
science, technology, engineering, arts, and
mathematics professions in disproportionately low
numbers.
``(d) Designation of Advisor.--The Director shall designate one or
more individuals within the Agency to advise and assist the Director
regarding matters relating to science, technology, engineering, the
arts, and mathematics education and training.''.
SEC. 502. <<NOTE: 50 USC 3334i.>> SEEDLING INVESTMENT IN NEXT-
GENERATION MICROELECTRONICS IN SUPPORT
OF ARTIFICIAL INTELLIGENCE.
(a) Findings.--Congress finds that--
(1) developing faster, more energy efficient, and more
resilient computing is important to the future of the national
security of the United States and the leadership by the United
States in artificial intelligence; and
(2) multidisciplinary teams co-designing microelectronics
for artificial intelligence will lead to unprecedented
capabilities that will help ensure that the United States
maintains its superiority in this worldwide competition for
economic and national security.
(b) <<NOTE: Contracts.>> Awards for Research and Development.--The
Director of National Intelligence, acting through the Director of the
Intelligence Advanced Research Projects Activity, shall award contracts
or grants, or enter into transactions other than contracts, to encourage
microelectronics research.
(c) Use of Funds.--The Director shall award contracts or grants to,
or enter into transactions other than contracts with, entities under
subsection (b) to carry out any of the following:
(1) Advanced engineering and applied research into novel
computing models, materials, devices, architectures, or
algorithms to enable the advancement of artificial intelligence
and machine learning.
(2) Research efforts to--
(A) overcome challenges with engineering and applied
research of microelectronics, including with respect to
the physical limits on transistors, electrical
interconnects, and memory elements; or
(B) promote long-term advancements in computing
technologies, including by fostering a unified and
multidisciplinary approach encompassing research and
development into algorithm design, computing
architectures, microelectronic devices and circuits, and
the chemistry and physics of new materials.
(3) Any other activity the Director determines would promote
the development of microelectronics research.
(d) Award Amounts.--In awarding contracts or grants, or entering
into transactions other than contracts, under subsection (b), the
Director may award not more than a total of $15,000,000.
[[Page 134 STAT. 2383]]
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD
TELECOMMUNICATIONS AND CYBERSECURITY
EQUIPMENT AND SERVICES FOR, OR TO
PROVIDE SUCH EQUIPMENT AND SERVICES TO,
CERTAIN ALLIES OF THE UNITED STATES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Five eyes country.--The term ``Five Eyes country'' means
any of the following:
(A) Australia.
(B) Canada.
(C) New Zealand.
(D) The United Kingdom.
(E) The United States.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, and the Director of the
Defense Intelligence Agency shall jointly submit to the appropriate
committees of Congress a report on attempts by foreign adversaries to
build telecommunications and cybersecurity equipment and services for,
or to provide such equipment and services to, Five Eyes countries.
(c) <<NOTE: Assessments.>> Elements.--The report submitted under
subsection (b) shall include the following:
(1) An assessment of United States intelligence sharing and
intelligence and military force posture in any Five Eyes country
that currently uses or intends to use telecommunications or
cybersecurity equipment or services provided by a foreign
adversary of the United States, including China and Russia.
(2) A description and assessment of mitigation of any
potential compromises or risks for any circumstance described in
paragraph (1).
(d) Form.--The report required by subsection (b) shall include an
unclassified executive summary, and may include a classified annex.
SEC. 602. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS
AND ENTITIES OF COMMERCIALLY AVAILABLE
CYBER INTRUSION AND SURVEILLANCE
TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Homeland Security of the House of Representatives a report
on the threats posed by the use by
[[Page 134 STAT. 2384]]
foreign governments and entities of commercially available cyber
intrusion and other surveillance technology.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Matters relating to threats described in subsection (a)
as they pertain to the following:
(A) The threat posed to United States persons and
persons inside the United States.
(B) The threat posed to United States personnel
overseas.
(C) The threat posed to employees of the Federal
Government, including through both official and personal
accounts and devices.
(2) A description of which foreign governments and entities
pose the greatest threats from the use of technology described
in subsection (a) and the nature of those threats.
(3) <<NOTE: Assessment.>> An assessment of the source of
the commercially available cyber intrusion and other
surveillance technology that poses the threats described in
subsection (a), including whether such technology is made by
United States companies or companies in the United States or by
foreign companies.
(4) <<NOTE: Assessment.>> An assessment of actions taken,
as of the date of the enactment of this Act, by the Federal
Government and foreign governments to limit the export of
technology described in subsection (a) from the United States or
foreign countries to foreign governments and entities in ways
that pose the threats described in such subsection.
(5) Matters relating to how the Federal Government,
Congress, and foreign governments can most effectively mitigate
the threats described in subsection (a), including matters
relating to the following:
(A) Working with the technology and
telecommunications industry to identify and improve the
security of consumer software and hardware used by
United States persons and persons inside the United
States that is targeted by commercial cyber intrusion
and surveillance software.
(B) Export controls.
(C) Diplomatic pressure.
(D) Trade agreements.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 603. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE SOLARIUM
COMMISSION.
(a) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Select Committee on
Intelligence, the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Energy and Natural
Resources of the Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security,
the Committee on Science, Space, and Technology, and
[[Page 134 STAT. 2385]]
the Committee on Energy and Commerce of the House of
Representatives.
(b) Reports Required.--Not later than 180 days after the date of the
enactment of this Act, each head of an agency described in subsection
(c) shall submit to the appropriate committees of Congress a report on
the recommendations included in the report issued by the Cyberspace
Solarium Commission under section 1652(k) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
(c) Agencies Described.--The agencies described in this subsection
are the following:
(1) The Office of the Director of National Intelligence.
(2) The Department of Homeland Security.
(3) The Department of Energy.
(4) The Department of Commerce.
(5) The Department of Defense.
(d) Contents.--Each report submitted under subsection (b) by the
head of an agency described in subsection (c) shall include the
following:
(1) <<NOTE: Evaluation.>> An evaluation of the
recommendations in the report described in subsection (b) that
the agency identifies as pertaining directly to the agency.
(2) A description of the actions taken, or the actions that
the head of the agency may consider taking, to implement any of
the recommendations (including a comprehensive estimate of
requirements for appropriations to take such actions).
SEC. 604. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING TO
ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND
SEMICONDUCTORS AND RELATED SUPPLY
CHAINS.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
complete a detailed assessment of critical technology trends relating to
artificial intelligence, microchips, and semiconductors and related
supply chains.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) Export controls.--
(A) In general.--An assessment of efforts by partner
countries to enact and implement export controls and
other technology transfer measures with respect to
artificial intelligence, microchips, advanced
manufacturing equipment, and other artificial
intelligence enabled technologies critical to United
States supply chains.
(B) Identification of opportunities for
cooperation.--The assessment under subparagraph (A)
shall identify opportunities for further cooperation
with international partners on a multilateral and
bilateral basis to strengthen export control regimes and
address technology transfer threats.
(2) Semiconductor supply chains.--
(A) In general.--An assessment of global
semiconductor supply chains, including areas to reduce
United States vulnerabilities and maximize points of
leverage.
(B) Analysis of potential effects.--The assessment
under subparagraph (A) shall include an analysis of the
[[Page 134 STAT. 2386]]
potential effects of significant geopolitical shifts,
including those related to Taiwan.
(C) Identification of opportunities for
diversification.--The assessment under subparagraph (A)
shall also identify opportunities for diversification of
United States supply chains, including an assessment of
cost, challenges, and opportunities to diversify
manufacturing capabilities on a multinational basis.
(3) Computing power.--An assessment of trends relating to
computing power and the effect of such trends on global
artificial intelligence development and implementation, in
consultation with the Director of the Intelligence Advanced
Research Projects Activity, the Director of the Defense Advanced
Research Projects Agency, and the Director of the National
Institute of Standards and Technology, including forward-looking
assessments of how computing resources may affect United States
national security, innovation, and implementation relating to
artificial intelligence.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of Congress''
means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs,
and the Committee on Homeland Security of the House of
Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
appropriate committees of Congress a report on the findings of
the Director with respect to the assessment completed under
subsection (a).
(3) Form.--The report submitted under paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED
STATES AND STRENGTHENING CIVIL LIBERTIES
PROTECTIONS.
(a) Updates to Annual Reports on Influence Operations and Campaigns
in the United States by the Chinese Communist Party.--Section 1107(b) of
the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) An identification of influence activities and
operations employed by the Chinese Communist Party against the
United States science and technology sectors, specifically
employees of the United States Government, researchers,
scientists, and students in the science and technology sector in
the United States.''.
[[Page 134 STAT. 2387]]
(b) Plan for Federal Bureau of Investigation to Increase Public
Awareness and Detection of Influence Activities by the Government of the
People's Republic of China.--
(1) <<NOTE: Deadline.>> Plan required.--Not later than 90
days after the date of the enactment of this Act, the Director
of the Federal Bureau of Investigation shall submit to the
congressional intelligence committees a plan to increase public
awareness of influence activities by the Government of the
People's Republic of China.
(2) Consultation.--In carrying out paragraph (1), the
Director shall consult with the following:
(A) The Director of the Office of Science and
Technology Policy.
(B) Such other stakeholders outside the intelligence
community, including professional associations,
institutions of higher education, businesses, and civil
rights and multicultural organizations, as the Director
determines relevant.
(c) Recommendations of the Federal Bureau of Investigation to
Strengthen Relationships and Build Trust With Communities of Interest.--
(1) In general.--The Director of the Federal Bureau of
Investigation, in consultation with the Assistant Attorney
General for the Civil Rights Division and the Chief Privacy and
Civil Liberties Officer of the Department of Justice, shall
develop recommendations to strengthen relationships with
communities targeted by influence activities of the Government
of the People's Republic of China and build trust with such
communities through local and regional grassroots outreach.
(2) <<NOTE: Deadline.>> Submittal to congress.--Not later
than 1 year after the date of the enactment of this Act, the
Director shall submit to Congress the recommendations developed
under paragraph (1).
(d) Technical Corrections.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in section 1107 (50 U.S.C. 3237)--
(A) in the section heading, by striking
``<SUP>communist</SUP> party</SUP> of</SUP>
china</SUP>'' and inserting ``<SUP>chinese</SUP>
communist</SUP> party</SUP>''; and
(B) by striking ``Communist Party of China'' both
places it appears and inserting ``Chinese Communist
Party''; and
(2) in the table of contents before section 2 (50 U.S.C.
3002), by striking the item relating to section 1107 and
inserting the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in the
United States by the Chinese Communist Party.''.
SEC. 606. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS
OF THE CHINESE COMMUNIST PARTY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
[[Page 134 STAT. 2388]]
(b) Annual Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter through 2025,
the Director of the Central Intelligence Agency shall submit to
the appropriate committees of Congress a report on the
corruption and corrupt activities of senior officials of the
Chinese Communist Party.
(2) Elements.--
(A) In general.--Each report under paragraph (1)
shall include the following:
(i) A description of the wealth of, and
corruption and corrupt activities among, senior
officials of the Chinese Communist Party.
(ii) A description of any recent actions of
the officials described in clause (i) that could
be considered a violation, or potential violation,
of United States law.
(iii) <<NOTE: Assessment.>> A description and
assessment of targeted financial measures,
including potential targets for designation of the
officials described in clause (i) for the
corruption and corrupt activities described in
that clause and for the actions described in
clause (ii).
(B) Scope of reports.--The first report under
paragraph (1) shall include comprehensive information on
the matters described in subparagraph (A). Any
succeeding report under paragraph (1) may consist of an
update or supplement to the preceding report under that
subsection.
(3) Coordination.--In preparing each report, update, or
supplement under this subsection, the Director of the Central
Intelligence Agency shall coordinate as follows:
(A) In preparing the description required by clause
(i) of paragraph (2)(A), the Director of the Central
Intelligence Agency shall coordinate with the head of
the Office of Intelligence and Analysis of the
Department of the Treasury and the Director of the
Federal Bureau of Investigation.
(B) In preparing the descriptions required by
clauses (ii) and (iii) of such paragraph, the Director
of the Central Intelligence Agency shall coordinate with
the head of the Office of Intelligence and Analysis of
the Department of the Treasury.
(4) Form.--Each report under paragraph (1) shall include an
unclassified executive summary, and may include a classified
annex.
(c) Sense of Congress.--It is the sense of Congress that the United
States should undertake every effort and pursue every opportunity to
expose the corruption and illicit practices of senior officials of the
Chinese Communist Party, including President Xi Jinping.
SEC. 607. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER
EASTERN EUROPEAN OLIGARCHS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
[[Page 134 STAT. 2389]]
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Report Required.--Not later than 100 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the appropriate committees of Congress and the
Undersecretary of State for Public Diplomacy and Public Affairs a report
on the corruption and corrupt activities of Russian and other Eastern
European oligarchs.
(c) Elements.--
(1) In general.--Each report under subsection (b) shall
include the following:
(A) A description of corruption and corrupt
activities among Russian and other Eastern European
oligarchs who support the Government of the Russian
Federation, including estimates of the total assets of
such oligarchs.
(B) <<NOTE: Assessment.>> An assessment of the
impact of the corruption and corrupt activities
described pursuant to subparagraph (A) on the economy
and citizens of Russia.
(C) A description of any connections to, or support
of, organized crime, drug smuggling, or human
trafficking by an oligarch covered by subparagraph (A).
(D) A description of any information that reveals
corruption and corrupt activities in Russia among
oligarchs covered by subparagraph (A).
(E) <<NOTE: Assessment.>> A description and
assessment of potential sanctions actions that could be
imposed upon oligarchs covered by subparagraph (A) who
support the leadership of the Government of Russia,
including President Vladimir Putin.
(2) Scope of reports.--The first report under subsection (a)
shall include comprehensive information on the matters described
in paragraph (1). Any succeeding report under subsection (a) may
consist of an update or supplement to the preceding report under
that subsection.
(d) Coordination.--In preparing each report, update, or supplement
under this section, the Director of the Central Intelligence Agency
shall coordinate as follows:
(1) In preparing the assessment and descriptions required by
subparagraphs (A) through (D) of subsection (c)(1), the Director
of the Central Intelligence Agency shall coordinate with the
head of the Office of Intelligence and Analysis of the
Department of the Treasury and the Director of the Federal
Bureau of Investigation.
(2) In preparing the description and assessment required by
subparagraph (E) of such subsection, the Director of the Central
Intelligence Agency shall coordinate with the head of the Office
of Intelligence and Analysis of the Department of the Treasury.
(e) Form.--
(1) In general.--Subject to paragraph (2), each report under
subsection (b) shall include an unclassified executive summary,
and may include a classified annex.
[[Page 134 STAT. 2390]]
(2) Unclassified form of certain information.--The
information described in subsection (c)(1)(D) in each report
under subsection (b) shall be submitted in unclassified form.
SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE
CHINESE COMMUNIST PARTY AND THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on Energy
and Commerce, the Committee on Foreign Affairs, and the
Committee on Homeland Security of the House of
Representatives.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report identifying
whether and how officials of the Chinese Communist Party and the
Government of the People's Republic of China may have sought--
(1) to suppress information about--
(A) the outbreak of the novel coronavirus in Wuhan;
(B) the spread of the virus through China; and
(C) the transmission of the virus to other
countries;
(2) to spread disinformation relating to the pandemic; or
(3) to exploit the pandemic to advance their national
security interests.
(c) Assessments.--The report required by subsection (b) shall
include assessments of reported actions and the effect of those actions
on efforts to contain the novel coronavirus pandemic, including each of
the following:
(1) The origins of the novel coronavirus outbreak, the time
and location of initial infections, and the mode and speed of
early viral spread.
(2) Actions taken by the Government of China to suppress,
conceal, or misinform the people of China and those of other
countries about the novel coronavirus outbreak in Wuhan.
(3) The effect of disinformation or the failure of the
Government of China to fully disclose details of the outbreak on
response efforts of local governments in China and other
countries.
(4) Diplomatic, political, economic, intelligence, or other
pressure on other countries and international organizations to
conceal information about the spread of the novel coronavirus
and the response of the Government of China to the contagion,
[[Page 134 STAT. 2391]]
as well as to influence or coerce early responses to the
pandemic by other countries.
(5) Efforts by officials of the Government of China to deny
access to health experts and international health organizations
to afflicted individuals in Wuhan, pertinent areas of the city,
or laboratories of interest in China, including the Wuhan
Institute of Virology.
(6) Efforts by the Government of China, or those acting at
its direction or with its assistance, to conduct cyber
operations against international, national, or private health
organizations conducting research relating to the novel
coronavirus or operating in response to the pandemic.
(7) Efforts to control, restrict, or manipulate relevant
segments of global supply chains, particularly in the sale,
trade, or provision of relevant medicines, medical supplies, or
medical equipment as a result of the pandemic.
(8) Efforts to advance the economic, intelligence, national
security, and political objectives of the Government of China by
exploiting vulnerabilities of foreign governments, economies,
and companies under financial duress as a result of the pandemic
or to accelerate economic espionage and intellectual property
theft.
(9) Efforts to exploit the disruption of the pharmaceutical
and telecommunications industries as well as other industries
tied to critical infrastructure and bilateral trade between
China and the United States and between China and allies and
partners of the United States in order to advance the economic
and political objectives of the Government of China following
the pandemic.
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 609. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS
EMBARGO ON ISLAMIC REPUBLIC OF IRAN.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) <<NOTE: Consultation.>> Report Required.--Not later than 90
days after the date of the enactment of this Act, the Director of the
Defense Intelligence Agency, in consultation with such heads of other
elements of the intelligence community as the Director considers
appropriate, shall submit to the appropriate committees of Congress a
report on--
(1) the plans of the Government of the Islamic Republic of
Iran to acquire military arms if the ban on arms transfers to or
from such government under United Nations Security Council
resolutions are lifted; and
(2) the effect such arms acquisitions may have on regional
security and stability.
(c) Contents.--The report submitted under subsection (b) shall
include assessments relating to plans of the Government of the Islamic
Republic of Iran to acquire additional weapons, the intention
[[Page 134 STAT. 2392]]
of other countries to provide such weapons, and the effect such
acquisition and provision would have on regional stability, including
with respect to each of the following:
(1) The type and quantity of weapon systems under
consideration for acquisition.
(2) The countries of origin of such systems.
(3) Likely reactions of other countries in the region to
such acquisition, including the potential for proliferation by
other countries in response.
(4) The threat that such acquisition could present to
international commerce and energy supplies in the region, and
the potential implications for the national security of the
United States.
(5) The threat that such acquisition could present to the
Armed Forces of the United States, of countries allied with the
United States, and of countries partnered with the United States
stationed in or deployed in the region.
(6) The potential that such acquisition could be used to
deliver chemical, biological, or nuclear weapons.
(7) The potential for the Government of the Islamic Republic
of Iran to proliferate weapons acquired in the absence of an
arms embargo to regional groups, including Shi'a militia groups
backed by such government.
(d) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 610. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
NONPROLIFERATION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Foreign Relations of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) <<NOTE: Assessments.>> Report Required.--Not later than 90 days
after the date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of Congress a
report assessing--
(1) any relevant activities potentially relating to nuclear
weapons research and development by the Islamic Republic of
Iran; and
(2) any relevant efforts to afford or deny international
access in accordance with international nonproliferation
agreements.
(c) <<NOTE: Time period.>> Assessments.--The report required by
subsection (b) shall include assessments, for the period beginning on
January 1, 2018, and ending on the date of the submittal of the report,
of the following:
(1) Activities to research, develop, or enrich uranium or
reprocess plutonium with the intent or capability of creating
weapons-grade nuclear material.
[[Page 134 STAT. 2393]]
(2) Research, development, testing, or design activities
that could contribute to or inform construction of a device
intended to initiate or capable of initiating a nuclear
explosion.
(3) Efforts to receive, transmit, store, destroy, relocate,
archive, or otherwise preserve research, processes, products, or
enabling materials relevant or relating to any efforts assessed
under paragraph (1) or (2).
(4) Efforts to afford or deny international access, in
accordance with international nonproliferation agreements, to
locations, individuals, and materials relating to activities
described in paragraph (1), (2), or (3).
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 611. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S
REPUBLIC OF CHINA IN THE HONG KONG
SPECIAL ADMINISTRATIVE REGION.
(a) <<NOTE: 50 USC 3237a note.>> Finding.--Congress finds that the
National People's Congress of the People's Republic of China promulgated
the Law of the People's Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region on June 30,
2020.
(b) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), is amended by inserting after section 1107 the
following new section:
``SEC. 1107A. <<NOTE: 50 USC 3237a.>> ANNUAL REPORTS ON SECURITY
SERVICES OF THE PEOPLE'S REPUBLIC OF
CHINA IN THE HONG KONG SPECIAL
ADMINISTRATIVE REGION.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
``(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
``(C) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
``(2) Chinese security services.--The term `Chinese security
services' means--
``(A) the security services of the Government of the
People's Republic of China, including the Ministry of
State Security and the Ministry of Public Security; and
``(B) any known front organizations or aliases
associated with such security services, including
officers associated with the national security division
of the Hong Kong Police Force and other officers of the
Hong Kong Police Force selected by the Committee for
Safeguarding National Security to work on matters
relating to national security.
``(b) <<NOTE: Time period.>> Requirement.--On an annual basis
through 2047, the Director of National Intelligence shall submit to the
appropriate congressional committees a report on the presence and
activities of Chinese security services operating within the Hong Kong
Special Administrative Region.
``(c) Contents.--Each report under subsection (b) shall include,
with respect to the year covered by the report, the following:
``(1) Identification of the approximate number of personnel
affiliated with Chinese security services operating within the
Hong Kong Special Administrative Region, including a breakdown
of such personnel by the specific security service and
[[Page 134 STAT. 2394]]
the division of the security service, and (to the extent
possible) an identification of any such personnel associated
with the national security division of the Hong Kong Police
Force.
``(2) A description of the command and control structures of
such security services, including information regarding the
extent to which such security services are controlled by the
Government of the Hong Kong Special Administrative Region or the
Government of the People's Republic of China.
``(3) A description of the working relationship and
coordination mechanisms of the Chinese security services with
the police force of the Hong Kong Special Administrative Region.
``(4) <<NOTE: Assessments.>> A description of the
activities conducted by Chinese security services operating
within the Hong Kong Special Administrative Region, including--
``(A) information regarding the extent to which such
security services, and officers associated with the
national security division of the Hong Kong Police
Force, are engaged in frontline policing, serving in
advisory and assistance roles, or both;
``(B) an assessment of the likelihood of such
security services conducting renditions of individuals
from the Hong Kong Special Administrative Region to
China and a listing of every known individual subject to
such rendition during the year covered by the report;
and
``(C) an assessment of how such activities conducted
by Chinese security services contribute to self-
censorship and corruption within the Hong Kong Special
Administrative Region.
``(5) <<NOTE: Overview.>> A discussion of the doctrine and
tactics employed by Chinese security services operating within
the Hong Kong Special Administrative Region, including an
overview of the extent to which such security services employ
surveillance, detection, and control methods, including `high-
tech' policing models and `preventative policing tactics', that
are consistent with the rise of digital authoritarianism, and
used in a manner similar to methods used in the Xinjiang region
of China.
``(6) An overview of the funding for Chinese security
services operating within the Hong Kong Special Administrative
Region, including an assessment of the extent to which funding
is drawn locally from the Hong Kong Special Administrative
Region Government or from the Government of China.
``(7) A discussion of the various surveillance technologies
used by security services operating within the Hong Kong Special
Administrative Region, including--
``(A) <<NOTE: List.>> a list of the key companies
that provide such technologies; and
``(B) <<NOTE: Assessment.>> an assessment of the
degree to which such technologies can be accessed by
Chinese security services operating within the Hong Kong
Special Administrative Region.
``(d) Coordination.--In carrying out subsection (b), the Director
shall coordinate with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, the Director of the
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, the Assistant Secretary of State for the Bureau of
Intelligence and Research, and any other relevant head of an element of
the intelligence community.
[[Page 134 STAT. 2395]]
``(e) Form.--Each report submitted to the appropriate congressional
committees under subsection (b) shall be submitted in unclassified form,
but may include a classified annex.''.
(c) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1107 the following new item:
``Sec. 1107A. Annual reports on security services of the People's
Republic of China in the Hong Kong Special Administrative
Region.''.
SEC. 612. <<NOTE: 50 USC 3045 note.>> RESEARCH PARTNERSHIP ON
ACTIVITIES OF PEOPLE'S REPUBLIC OF
CHINA.
(a) Research Partnership.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall seek to enter into a
partnership with an academic or non-profit research institution
to--
(A) carry out joint unclassified geospatial
intelligence analyses of the activities of the People's
Republic of China that pose risks to the national
security interests of the United States; and
(B) <<NOTE: Public information. Web posting.>> make
available on a publicly available internet website
unclassified geospatial intelligence products relating
to such analyses.
(2) Elements.--The Director shall ensure that the activities
of China analyzed under paragraph (1)(A) include the following:
(A) Any notable developments relating to the global
activities of the People's Liberation Army Ground Force,
the People's Liberation Army Navy, the People's
Liberation Army Air Force, the People's Liberation Army
Rocket Force, the People's Liberation Army Strategic
Support Force, and the Chinese People's Armed Police
Force Coast Guard Corps.
(B) Infrastructure projects associated with the
``One Belt, One Road'' Initiative.
(C) Maritime land reclamation activities conducted
by China in the South China Sea, the Indian Ocean
region, and the broader maritime commons.
(D) Matters relevant to global public health and
climate security, including--
(i) indications and warnings of disease
outbreaks with pandemic potential;
(ii) the activities of China likely
contributing to climate change; and
(iii) any environmental degradation directly
resulting from the practices of China.
(3) Consortium.--In carrying out paragraph (1), the Director
may enter into a partnership with--
(A) one research institution; or
(B) <<NOTE: Determination.>> a consortium of
research institutions if the Director determines that
the inclusion of multiple institutions will result in
more effective research conducted pursuant to this
section or improve the outcomes of such research.
[[Page 134 STAT. 2396]]
(4) Duration.--The Director shall carry out a partnership
under this section for a period that is not less than 10 years
following the date of the enactment of this Act.
(5) Improvements to partnership.--The Director may modify
the partnership under paragraph (1) or select a new research
institution with which to enter into such a partnership if--
(A) <<NOTE: Consultation.>> the Director consults
with the congressional intelligence committees with
respect to the proposed modified or new partnership;
(B) the modified or new partnership is carried out
in accordance with this section; and
(C) <<NOTE: Determination.>> the Director
determines that the modified or new partnership will
result in more effective research conducted pursuant to
this section or improve the outcomes of such research.
(b) Open-Source Data.--
(1) Identification and publication.--During the life of the
partnership under subsection (a), the Director shall regularly--
(A) identify raw, unclassified geospatial data that
could improve the research conducted under the
partnership if the data was made publicly available; and
(B) <<NOTE: Public information.>> make such data
publicly available.
(2) Consultation.--The Director shall carry out paragraph
(1) in consultation with the research institution or consortium
of research institutions involved with the partnership under
subsection (a).
(c) <<NOTE: Deadline.>> Briefings.--Not later than 270 days after
the date of the enactment of this Act, and annually thereafter during
the life of the partnership under subsection (a), the Director shall
provide to the appropriate congressional committees a briefing on the
partnership. Each such briefing shall include the following:
(1) The outcomes of research conducted under the
partnership.
(2) Identification of the actions that have been taken to
increase the quantity and quality of unclassified geospatial
analysis products made publicly available under the partnership,
including the quantity and types of raw data the partnership has
made publicly available.
(3) Identification of actual and projected costs to carry
out the partnership.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) Committee on Foreign Relations and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) Committee on Foreign Affairs and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
[[Page 134 STAT. 2397]]
SEC. 613. REPORT ON THE PHARMACEUTICAL AND PERSONAL PROTECTIVE
EQUIPMENT REGULATORY PRACTICES OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--Not later than 120 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
appropriate congressional committees a report on--
(1) the pharmaceutical and personal protective equipment
regulatory practices of the People's Republic of China; and
(2) the effects of such practices on the national security
of the United States.
(b) <<NOTE: Assessments.>> Contents.--The report under subsection
(a) shall include the following:
(1) An assessment of the quantity of active pharmaceutical
ingredients produced annually within China.
(2) <<NOTE: Estimate.>> An estimate of the percentage of
active pharmaceutical ingredients produced globally that
originate in China.
(3) A description of the National Medical Products
Administration of China, including with respect to--
(A) the roles and responsibilities of the
Administration;
(B) the organizational structure of the
Administration; and
(C) any affiliated institutions of the National
Medical Products Administration.
(4) An assessment of the capacity of the National Medical
Products Administration to effectively develop safety standards,
efficacy standards, and any other relevant standards concerning
the production of active pharmaceutical ingredients and
pharmaceutical drugs.
(5) An assessment of the capacity of the National Medical
Products Administration to enforce standards on the production
and distribution of active pharmaceutical ingredients and
pharmaceutical drugs.
(6) An overview of qualitative disparities between active
pharmaceutical ingredients and pharmaceutical drugs approved by
the National Medical Products Administration and similar drugs
subject to regulatory oversight and approval in the markets of
the member states of the Organisation for Economic Co-operation
and Development.
(7) An assessment of the qualitative disparities between the
standards and enforcement practices of the National Medical
Products Administration on the production and distribution of
active pharmaceutical ingredients and pharmaceutical drugs and
the good manufacturing practice guidelines issued by the
International Council for Harmonization of Technical
Requirements for Pharmaceuticals for Human Use.
(8) An assessment of the susceptibility of the National
Medical Products Administration, the subordinate organizations
of the National Medical Products Administration, and other
associated personnel to engage in corrupt practices,
particularly practices that relate to assessing the safety of
pharmaceutical ingredients and other pharmaceutical drugs within
the authority of the National Medical Products Administration.
(9) An assessment of the national security risks associated
with the reliance by the United States on pharmaceutical
ingredients and pharmaceutical drugs originating in China,
including an assessment of how and whether China could leverage
its production of certain pharmaceutical ingredients as
[[Page 134 STAT. 2398]]
a means to coerce the United States or the partners and allies
of the United States.
(10) An assessment of the percentage of personal protective
equipment produced globally that originates in China.
(11) An assessment of the national security risks associated
with any reliance by the United States on personal protective
equipment originating in China, including an assessment of how
and whether China could leverage its production of personal
protective equipment as a means to coerce the United States or
the partners and allies of the United States.
(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, the Director of the
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and any other relevant head of an element of the
intelligence community as well as the Commissioner of the Food and Drug
Administration.
(d) Form.--The report submitted to the appropriate congressional
committees under subsection (a) shall be submitted in unclassified form,
but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Finance of the Senate.
SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN
AFGHANISTAN.
(a) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan.
(b) <<NOTE: Assessment.>> Matters.--The National Intelligence
Estimate produced under subsection (a) shall include an assessment of
the prospects of a durable intra-Afghan settlement of the conflict in
Afghanistan that leads to--
(1) a permanent ceasefire and sustained reduction in
violence;
(2) a verifiable break between the Taliban and al-Qaeda;
(3) verifiable cooperation by the Taliban in efforts against
al-Qaeda, the Islamic State of Iraq and the Levant Khorasan, and
associated international terrorists the intelligence community
determines are active in Afghanistan and pose a threat to the
United States homeland or United States interests abroad; and
(4) sustainment of the social and human rights progress
achieved by Afghan women and girls since 2001.
(c) Submission to Congress.--
(1) <<NOTE: Deadline.>> Submission.--Not later than
February 1, 2021, the Director shall submit to the congressional
intelligence committees the National Intelligence Estimate
produced under subsection (a), including all intelligence
reporting underlying the Estimate.
[[Page 134 STAT. 2399]]
(2) <<NOTE: Deadline. Determination.>> Notice regarding
submission.--If before February 1, 2021, the Director determines
that the National Intelligence Estimate produced under
subsection (a) cannot be submitted by such date, the Director
shall (before such date)--
(A) submit to the congressional intelligence
committees a report setting forth the reasons why the
National Intelligence Estimate cannot be submitted by
such date and an estimated date for the submission of
the National Intelligence Estimate; and
(B) testify before the congressional intelligence
committees on the issues that will be covered by the
National Intelligence Estimate.
(3) Form.--The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) <<NOTE: Web posting.>> Public Version.--Consistent with the
protection of intelligence sources and methods, at the same time as the
Director submits to the congressional intelligence committees the
National Intelligence Estimate under subsection (c), the Director shall
make publicly available on the internet website of the Director an
unclassified version of the key findings of the National Intelligence
Estimate.
SEC. 615. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA AND
AZERBAIJAN.
(a) <<NOTE: Deadline.>> Assessment Required.--Not later than 90
days after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional intelligence
committees a written assessment regarding tensions between the
governments of Armenia and Azerbaijan, including with respect to the
status of the Nagorno-Karabakh region. Such assessment shall include
each of the following:
(1) An identification of the strategic interests of the
United States and its partners in the Armenia-Azerbaijan region.
(2) A description of all significant uses of force in and
around the Nagorno-Karabakh region and the border between
Armenia and Azerbaijan during calendar year 2020, including a
description of each significant use of force and an assessment
of who initiated the use of such force.
(3) An assessment of the effect of United States military
assistance to Azerbaijan and Armenia on the regional balance of
power and the likelihood of further use of military force.
(4) An assessment of the likelihood of any further uses of
force or potentially destabilizing activities in the region in
the near- to medium-term.
(b) Form of Assessment.--The assessment required under this section
shall be submitted in unclassified form, but may contain a classified
annex.
SEC. 616. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.
It is the sense of the Congress that--
(1) the work of the Third Option Foundation to heal, help,
and honor members of the special operations community of the
Central Intelligence Agency and their families is invaluable;
and
(2) the Director of the Central Intelligence Agency should
work closely with the Third Option Foundation in implementing
section 19A of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b), as added by section 6412 of the Damon
[[Page 134 STAT. 2400]]
Paul Nelson and Matthew Young Pollard Intelligence Authorization
Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92).
SEC. 617. ANNUAL REPORTS ON WORLDWIDE THREATS.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by inserting after section 108A the
following new section:
``SEC. 108B. <<NOTE: 50 USC 3043b.>> ANNUAL REPORTS ON WORLDWIDE
THREATS.
``(a) Definition of Appropriate Congressional Committees.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional intelligence committees; and
``(2) the Committees on Armed Services of the House of
Representatives and the Senate.
``(b) <<NOTE: Coordination.>> Annual Reports.--Not later than the
first Monday in February 2021, and each year thereafter, the Director of
National Intelligence, in coordination with the heads of the elements of
the intelligence community, shall submit to the appropriate
congressional committees a report containing an assessment of the
intelligence community with respect to worldwide threats to the national
security of the United States.
``(c) Form.--Each report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex only for the
protection of intelligence sources and methods relating to the matters
contained in the report.
``(d) Hearings.--
``(1) <<NOTE: Consultation. Testimony.>> Open hearings.--
Upon request by the appropriate congressional committees, the
Director (and any other head of an element of the intelligence
community determined appropriate by the committees in
consultation with the Director) shall testify before such
committees in an open setting regarding a report under
subsection (b).
``(2) Closed hearings.--Any information that may not be
disclosed during an open hearing under paragraph (1) in order to
protect intelligence sources and methods may instead be
discussed in a closed hearing that immediately follows such open
hearing.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section 108A
the following new item:
``Sec. 108B. Annual reports on world-wide threats.''.
SEC. 618. ANNUAL REPORT ON CLIMATE SECURITY ADVISORY COUNCIL.
Section 120 of the National Security Act of 1947 (50 U.S.C. 3060),
as amended by section 405, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Annual Report.--Not later than January 31, 2021, and not less
frequently than annually thereafter, the chair of the Council shall
submit, on behalf of the Council, to the congressional intelligence
committees a report describing the activities of the Council as
described in subsection (c) during the year preceding the year during
which the report is submitted.''.
[[Page 134 STAT. 2401]]
SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Funding for Scholarship, Fellowship, and Grant Programs.--
Section 810 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1910) is amended--
(1) in subsection (c), by striking ``for each fiscal year,
beginning with fiscal year 2005,'' and inserting ``for each of
fiscal years 2005 through 2021''; and
(2) by adding at the end the following new subsection:
``(d) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
amounts that may be made available to the Secretary under the Fund for a
fiscal year, there is authorized to be appropriated to the Secretary for
each fiscal year, beginning with fiscal year 2022, $8,000,000, to carry
out the scholarship, fellowship, and grant programs under subparagraphs
(A), (B), and (C), respectively, of section 802(a)(1).''.
(b) Funding for National Flagship Language Initiative.--Section 811
of such Act (50 U.S.C. 1911) is amended--
(1) in subsection (a), by striking `` $10,000,000'' and
inserting `` $16,000,000''; and
(2) in subsection (b), by striking ``for each fiscal year,
beginning with fiscal year 2005,'' and inserting ``for each of
fiscal years 2005 through 2021''.
(c) Funding for Scholarship Program for Advanced English Language
Studies.--Section 812 of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1912) is amended--
(1) in subsection (a), by striking ``for each fiscal year,
beginning with fiscal year 2005,'' and inserting ``for each of
fiscal years 2005 through 2021'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
amounts that may be made available to the Secretary under the Fund for a
fiscal year, there is authorized to be appropriated to the Secretary for
each fiscal year, beginning with fiscal year 2022, $2,000,000, to carry
out the scholarship programs for English language studies by certain
heritage community citizens under section 802(a)(1)(E).''; and
(4) in subsection (c), as so redesignated, by striking
``subsection (a)'' and inserting ``this section''.
SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL
LIBERTIES, AND CIVIL RIGHTS OF CHINESE
AMERICANS.
(a) Report.--Section 5712 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (Public Law 116-92; 133 Stat. 2171) <<NOTE: 50 USC 3240.>> is--
(1) transferred to title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.);
(2) inserted after section 1109 of such title, as added by
section 308;
(3) redesignated as section 1110; and
(4) amended--
(A) in the heading, by striking ``<SUP>and</SUP>
civil</SUP> liberties</SUP>'' and inserting ``<SUP>,</SUP>
civil</SUP> liberties,</SUP> and</SUP> civil</SUP>
rights</SUP>''; and
(B) in subsection (b)--
[[Page 134 STAT. 2402]]
(i) in the matter preceding paragraph (1) by
striking ``Not later than 180 days after the date
of the enactment of this Act,'' and inserting ``On
an annual basis,''; and
(ii) by striking ``and civil liberties'', each
place it appears and inserting ``, civil
liberties, and civil rights''.
(b) Clerical Amendment.--The table of contents at the beginning of
the National Security Act of 1947 is amended by inserting after the item
relating to section 1109, as added by section 308, the following new
item:
``Sec. 1110. Report on best practices to protect privacy, civil
liberties, and civil rights of Chinese Americans.''.
SEC. 621. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL
PANDEMIC DISEASE.
(a) National Intelligence Estimate.--
(1) <<NOTE: Assessments.>> Requirement.--The Director of
National Intelligence, acting through the National Intelligence
Council, shall produce a National Intelligence Estimate on the
threat of global pandemic disease, including with respect to the
following:
(A) An assessment of the possible courses of the
COVID-19 pandemic during the 18 months following the
date of the Estimate, including--
(i) the projected spread of COVID-19 outside
the United States and the likelihood of subsequent
major outbreaks;
(ii) the capacity of countries and
international organizations to combat the further
spread of COVID-19, including risks and
opportunities for further global cooperation; and
(iii) the risks to the national security and
health security of the United States if COVID-19
is not contained abroad.
(B) An assessment of the global public health system
and the responses of the system to the COVID-19
pandemic, including--
(i) prospects for an effective global disease
surveillance and response system, opportunities to
advance the development of such a system, and
signposts for evaluating whether or not an
effective system has been developed before a
disease outbreak occurs; and
(ii) an assessment of global health system
capacity.
(C) An assessment of--
(i) the humanitarian and economic implications
of the COVID-19 pandemic; and
(ii) the consequences of the COVID-19 pandemic
with respect to political stability, armed
conflict, democratization, and the global
leadership by the United States of the post-World
War II international system.
(D) An assessment of--
(i) likely threats by global pandemic diseases
during the 10-year period following the date of
the Estimate;
(ii) global readiness to avert a future global
pandemic;
[[Page 134 STAT. 2403]]
(iii) challenges and opportunities for the
policy of the United States to advance global
pandemic preparedness; and
(iv) the potential role of non-state and
state-backed global influence activities or
disinformation campaigns involving COVID-19 or
future potential global pandemics.
(E) Any other matters the Director determines
appropriate.
(2) Submission to congress.--
(A) <<NOTE: Deadline.>> Submission.--Not later than
90 days after the date of the enactment of this Act, the
Director shall submit to the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate the
National Intelligence Estimate produced under paragraph
(1), including all intelligence reporting underlying the
Estimate.
(B) <<NOTE: Determination.>> Notice regarding
submission.--If before the end of the 90-day period
specified in subparagraph (A) the Director determines
that the National Intelligence Estimate under paragraph
(1) cannot be submitted by the end of that period, the
Director shall (before the end of that period)--
(i) submit to the Permanent Select Committee
on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate a report setting forth--
(I) the reasons why the National
Intelligence Estimate cannot be
submitted by the end of that period; and
(II) an estimated date for the
submission of the National Intelligence
Estimate; and
(ii) <<NOTE: Testimony.>> testify before such
committees on the issues that will be covered by
the National Intelligence Estimate.
(C) <<NOTE: Classified information.>> Form.--The
National Intelligence Estimate shall be submitted under
subparagraph (A) in classified form.
(3) <<NOTE: Web posting.>> Public version.--Consistent with
the protection of intelligence sources and methods, at the same
time as the Director submits to the congressional intelligence
committees the National Intelligence Estimate under paragraph
(2), the Director shall make publicly available on the internet
website of the Director, an unclassified version of the National
Intelligence Estimate.
(4) Consultation.--The Director shall prepare the National
Intelligence Estimate under paragraph (1) in consultation with
the Secretary of Health and Human Services, the Director of the
Centers for Disease Control and Prevention, the Secretary of
State, and any other head of an element of the Federal
Government the Director of National Intelligence determines
appropriate.
(b) Future Pandemic Plan.--
(1) <<NOTE: President. Public information. Web
posting. Reports.>> Requirement.--Not later than 90 days after
the date of the enactment of this Act, the President shall make
publicly available on the internet website of the President a
report containing a whole-of-government plan for an effective
response
[[Page 134 STAT. 2404]]
to subsequent major outbreaks of the COVID-19 pandemic and for
other future global pandemic diseases.
(2) Matters included.--The plan under paragraph (1) shall
address how to improve the following:
(A) Pandemic planning.
(B) Homeland preparedness.
(C) International disease surveillance.
(D) Diagnostic testing.
(E) Contact tracing.
(F) The role of the Federal Government with respect
to the regulation, acquisition, and disbursement, of
medical supplies and other public health resources
necessary to respond to COVID-19 or other diseases with
pandemic potential (including diagnostic testing
equipment, biomedical equipment, drugs and medicines,
and hygiene equipment).
(G) The procurement and distribution of personal
protective equipment.
(H) Early domestic response to future global
pandemic diseases in the United States.
(c) <<NOTE: President. Coordination. Public information. Web
posting. Reports.>> Global Strategy.--Not later than 90 days after the
date of the enactment of this Act, the President, in coordination with
the Director of National Intelligence, shall make publicly available on
the internet website of the President a report containing a global
strategy for mobilizing international institutions to combat the COVID-
19 pandemic.
SEC. 622. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON NATIONAL
SECURITY EFFECTS OF EMERGING INFECTIOUS
DISEASE AND PANDEMICS.
Section 6722(b)(2) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (division E of Public Law 116-98) <<NOTE: 50 USC 3024 note.>> is
amended--
(1) in the paragraph heading, by striking ``Quinquennial''
and inserting ``Annual'';
(2) by striking ``beginning on the date that is 5 years
after the date on which the Director submits the report under
paragraph (1), and every 5 years thereafter'' and inserting
``not later than January 31, 2021, and annually thereafter'';
and
(3) by inserting ``required under paragraph (1)'' before the
period at the end.
SEC. 623. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.
(a) <<NOTE: Contracts.>> Study.--The Director of National
Intelligence shall seek to enter into an agreement with a federally
funded research and development center or a nongovernmental entity to
conduct a comprehensive study on the future of the collection,
processing, exploitation, analysis, dissemination, and evaluation of
open-source intelligence by the intelligence community. The Director
shall select such entity in consultation with the congressional
intelligence committees.
(b) <<NOTE: Recommenda- tions.>> Matters Included.--The study under
subsection (a) shall include the following:
(1) Recommendations with respect to the governance of open-
source intelligence within the intelligence community, including
regarding--
[[Page 134 STAT. 2405]]
(A) whether such governance of open-source
intelligence should be assigned to a functional manager
or an executive agent, or use another governance
structure;
(B) which official of the intelligence community
should serve as such a functional manager, executive
agent, or the leader of such other governance structure,
and what authorities the official should have in serving
in such role;
(C) which official of the intelligence community
should be responsible for conducting oversight by the
executive branch for open-source intelligence;
(D) which elements of the intelligence community
should retain capabilities to collect, process, exploit,
and disseminate open-source intelligence;
(E) how to effectively integrate such collection
capabilities among the elements of the intelligence
community; and
(F) whether to establish a new agency as an element
of the intelligence community dedicated to open-source
intelligence or to establish a fusion center to co-
locate open-source intelligence capabilities of the
elements of the intelligence community, including a
discussion of the advantages and disadvantages of each
such approach.
(2) Recommendations regarding the requirements processes for
open-source intelligence, including with respect to--
(A) the utility (or disutility) of a unified
collection management process for open-source
intelligence for all of the intelligence community;
(B) what such a process might look like;
(C) ways to integrate an open-source requirements
process into all-source collection management; and
(D) ways that automation might be leveraged to
facilitate open-source requirements and collection
management.
(3) <<NOTE: Assessment.>> An assessment of the value of
rejuvenating a career service for a professional cadre of the
intelligence community that focuses on collecting and
disseminating open-source intelligence and recommendations for
such a rejuvenation.
(4) Recommendations regarding the need to adjust any legal
and policy frameworks (including any applicable guidelines of
the Attorney General) that would facilitate the collection,
retention, and dissemination of open-source intelligence while
balancing customer needs with the privacy interests of United
States persons.
(5) <<NOTE: Assessment.>> An assessment of methods to use
open-source intelligence to support the operations of the
intelligence community, including recommendations on when and
how open-source intelligence should support such operations.
(6) With respect to the data management of open-source
intelligence, recommendations on proposed data ingestion tools,
scraping capabilities, and other tools and capabilities to
collect, process, exploit, and analyze the volume of open-source
intelligence, including recommendations on how the intelligence
community can increase the speed and security with which the
intelligence community adopts open-source technology and
unclassified commercial products.
(7) Any other matters the Director or the entity selected to
conduct the study determines appropriate.
[[Page 134 STAT. 2406]]
(c) Cooperation.--The Director shall make available to the entity
selected to conduct the study under subsection (a) the necessary
information and materials to conduct the study, including with respect
to--
(1) accessing secure workspaces;
(2) accessing directives and policy guidance of the
intelligence community and other policy documents regarding the
governance and execution of open-source intelligence;
(3) reviewing technological systems used to conduct open-
source intelligence collection;
(4) interviewing senior personnel of the intelligence
community, including such personnel with responsibility for the
open-source intelligence mission of the intelligence community;
and
(5) ensuring that each head of an element of the
intelligence community provides the cooperation described in
this subsection.
(d) Consultation.--The entity selected to conduct the study under
subsection (a) shall consult with the congressional intelligence
committees before beginning to conduct such study.
(e) Report.--Not later than 270 days after the date of the enactment
of this Act, the Director shall submit to the congressional intelligence
committees a report containing the study under subsection (a), without
change. The report shall be unclassified, but may include a classified
annex.
SEC. 624. SURVEY ON OPEN SOURCE ENTERPRISE.
(a) Survey.--The Director of the Central Intelligence Agency (as the
open source functional manager for the intelligence community), in
consultation with the Director of National Intelligence and any other
head of an element of the intelligence community that the Director of
the Central Intelligence Agency determines appropriate, shall conduct a
survey to measure the satisfaction of customers of open-source
intelligence with the Open Source Enterprise of the Central Intelligence
Agency.
(b) <<NOTE: Evaluations.>> Purpose.--The Director shall ensure that
the survey under subsection (a)--
(1) evaluates which types of open-source intelligence
supports the missions of the customers of such intelligence,
regardless of whether the customers are elements of the
intelligence community and regardless of whether the customers
are receiving such intelligence from the Open Source Enterprise;
(2) evaluates how responsive the Open Source Enterprise is
to the missions of the elements of the intelligence community
and the other customers of the Open Source Enterprise;
(3) enables the Open Source Enterprise to set strategic
priorities; and
(4) enables Congress to better oversee the strategic
direction of the Open Source Enterprise and to provide support
to the collection and analysis of open-source intelligence.
(c) Contents.--
(1) Assessment.--The survey under subsection (a) shall
include qualitative and quantitative questions designed to
assess the following:
(A) The value of support provided by the Open Source
Enterprise to the mission of the customer taking the
survey.
[[Page 134 STAT. 2407]]
(B) The accessibility of the products of the Open
Source Enterprise.
(C) The frequency that such products are used in
accomplishing the mission of the customer.
(D) The responsiveness of the Open Source Enterprise
to tasking requests.
(E) Areas in which the Open Source Enterprise could
improve.
(F) The in-house open-source intelligence
capabilities of the customer taking the survey,
including--
(i) a description of such capabilities;
(ii) how such capabilities are tailored to the
mission of the customer;
(iii) when such capabilities were established;
and
(iv) whether and to what extent the customer
coordinates with the Open Source Enterprise
regarding such capabilities.
(2) Survey answers.--A customer who receives the survey
under subsection (a) shall make all reasonable efforts to
respond fully and frankly to the survey.
(d) Design Methodology.--In carrying out subsection (a), the
Director of Central Intelligence shall seek advice regarding design
methodology for customer satisfaction surveys from--
(1) experts in survey design of the Central Intelligence
Agency and the Office of the Director of National Intelligence;
and
(2) senior executives of the Bureau of Intelligence and
Research of the Department of State who conduct a survey similar
to the survey under subsection (a).
(e) Report.--
(1) Strategy.--Not later than 180 days after the date on
which the survey is completed under subsection (a), the Director
shall submit to the congressional intelligence committees a
report on the strategic direction of the Open Source Enterprise
based on the results of the survey, including explanations of
how the Open Source Enterprise will--
(A) build off the successes of the Open Source
Enterprise; and
(B) fill gaps in the collection, production,
analysis, or dissemination of open-source intelligence.
(2) <<NOTE: Classified information.>> Form.--The report
under paragraph (1) shall be submitted in classified form.
(3) <<NOTE: Deadline.>> Briefing.--Not later than 30 days
after the date on which the Director submits to the
congressional intelligence committees the report under paragraph
(1), the Director shall provide to such committees a briefing on
the strategic direction of the Open Source Enterprise.
SEC. 625. SENSE OF CONGRESS ON REPORT ON MURDER OF JAMAL
KHASHOGGI.
(a) Findings.--Congress finds the following:
(1) There is a strong bipartisan conviction, shared widely
throughout the legislative and executive branches of the United
States Government and elsewhere, that ensuring full
accountability for the brutal murder on October 2, 2018, of
Jamal Khashoggi, a former Washington Post columnist and resident
[[Page 134 STAT. 2408]]
of the United States, is in the public interest and also the
national interest of the United States.
(2) Section 5714 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (division E of Public Law 116-92; 133 Stat. 2173)
required the Director of National Intelligence to submit to
Congress a written report in ``unclassified form'' that includes
``identification of those who carried out, participated in,
ordered, or were otherwise complicit in or responsible for the
death of Jamal Khashoggi.''.
(3) Section 1277 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1701)
likewise obligated the Director to submit to the Committee on
Foreign Affairs and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee
on Foreign Relations and the Select Committee on Intelligence of
the Senate a written report on the assessment of the
intelligence community regarding Mr. Khashoggi's brutal murder.
(4) Such section 1277 specifically called, among other
things, for a determination and presentation of evidence with
respect to the advance knowledge and role of any current or
former official of the Government of Saudi Arabia or any current
or former senior Saudi political figure over the directing,
ordering, or tampering of evidence in relation to Mr.
Khashoggi's murder.
(5) Such section 1277 also required the Director to submit a
list of foreign persons whom the Director has high confidence
were responsible for, complicit in, or otherwise knowingly and
materially assisted the murder, or impeded its impartial
investigation, or who ordered or otherwise directed an act or
acts contributing to or causing the murder.
(6) Contrary to the unambiguous and lawful command of
Congress under such sections 5714 and 1277, the Director did not
produce any unclassified report as required by either such
section, and instead, on February 20, 2020, the Director
submitted to such committees a classified report, which the
Director referred to as an ``annex''.
(7) The evident belief of the Director that no unclassified
information can be produced in accordance with the directives of
Congress is dubious, in light of the extensive body of credible,
unclassified reporting available regarding the murder of Mr.
Khashoggi, and the roles and culpability of officials at the
highest levels of the Government of Saudi Arabia.
(b) Sense of Congress.--It is the sense of Congress that the
Director of National Intelligence should reasonably have been able to
produce an unclassified report pursuant to section 5714 of the Damon
Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 and section 1277 of the National
Defense Authorization Act for Fiscal Year 2020 that did not alter or
obscure, in any way, the intelligence community's core determinations,
its presentation of evidence, or identification of relevant persons, as
required, without putting sources and methods at risk.
[[Page 134 STAT. 2409]]
DIVISION X-- <<NOTE: Supporting Foster Youth and Families through the
Pandemic Act.>> SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE
PANDEMIC
SEC. 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This division may be cited as the ``Supporting Foster Youth and
Families through the Pandemic Act''.
SEC. 2. <<NOTE: 42 USC 629h note.>> DEFINITIONS.
In this Act:
(1) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary pursuant to section 319 of the Public
Health Service Act, entitled ``Determination that a Public
Health Emergency Exists Nationwide as the Result of the 2019
Novel Coronavirus''.
(2) COVID-19 public health emergency period.--The term
``COVID-19 public health emergency period'' means the period
beginning on April 1, 2020 and ending with September 30, 2021.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. <<NOTE: 42 USC 677 note.>> CONTINUED SAFE OPERATION OF
CHILD WELFARE PROGRAMS AND SUPPORT FOR OLDER
FOSTER YOUTH.
(a) Funding Increases.--
(1) Increase in support for chafee programs.--Out of any
money in the Treasury of the United States not otherwise
appropriated, there are appropriated $400,000,000 for fiscal
year 2021, to carry out section 477 of the Social Security Act,
in addition to any amounts otherwise made available for such
purpose.
(2) Education and training vouchers.--Of the amount made
available by reason of paragraph (1) of this subsection, not
less than $50,000,000 shall be reserved for the provision of
vouchers pursuant to section 477(h)(2) of the Social Security
Act.
(3) Applicability of technical assistance to additional
funds.--
(A) In general.--Section 477(g)(2) of the Social
Security Act shall apply with respect to the amount made
available by reason of paragraph (1) of this subsection
as if the amount were included in the amount specified
in section 477(h) of such Act.
(B) Reservation of funds.--
(i) In general.--Of the amount to which
section 477(g)(2) of the Social Security Act
applies by reason of subparagraph (A) of this
paragraph, the Secretary shall reserve not less
than $500,000 to provide technical assistance to a
State implementing or seeking to implement a
driving and transportation program for foster
youth.
(ii) Provider qualifications.--The Secretary
shall ensure that the entity providing the
assistance has demonstrated the capacity to--
[[Page 134 STAT. 2410]]
(I) successfully administer
activities in 1 or more States to
provide driver's licenses to youth who
are in foster care under the
responsibility of the State; and
(II) increase the number of such
foster youth who obtain a driver's
license.
(4) Inapplicability of state matching requirement to
additional funds.--In making payments under subsections (a)(4)
and (e)(1) of section 474 of the Social Security Act from the
additional funds made available as a result of paragraphs (1)
and (2) of this subsection, the percentages specified in
subsections (a)(4)(A)(i) and (e)(1) of such section are,
respectively, deemed to be 100 percent.
(5) Maximum award amount.--The dollar amount specified in
section 477(i)(4)(B) of the Social Security Act through the end
of fiscal year 2022 is deemed to be $12,000.
(6) Inapplicability of nytd penalty to additional funds.--In
calculating any penalty under section 477(e)(2) of the Social
Security Act with respect to the National Youth in Transition
Database (NYTD) for April 1, 2020, through the end of fiscal
year 2022, none of the additional funds made available by reason
of paragraphs (1) and (2) of this subsection shall be considered
to be part of an allotment to a State under section 477(c) of
such Act.
(b) <<NOTE: Time period.>> Maximum Age Limitation on Eligibility for
Assistance.--During fiscal years 2020 and 2021, a child may be eligible
for services and assistance under section 477 of the Social Security Act
until the child attains 27 years of age, notwithstanding any contrary
certification made under such section.
(c) Special Rule.--With respect to funds made available by reason of
subsection (a) that are used during the COVID-19 public health emergency
period to support activities due to the COVID-19 pandemic, the Secretary
may not require any State to provide proof of a direct connection to the
pandemic if doing so would be administratively burdensome or would
otherwise delay or impede the ability of the State to serve foster
youth.
(d) Programmatic Flexibilities.--During the COVID-19 public health
emergency period:
(1) Suspension of certain requirements under the education
and training voucher program.-- <<NOTE: Waiver authority.>> The
Secretary shall allow a State to waive the applicability of the
requirement in section 477(i)(3) of the Social Security Act that
a youth must be enrolled in a postsecondary education or
training program or making satisfactory progress toward
completion of that program if a youth is unable to do so due to
the COVID-19 public health emergency.
(2) Authority to use vouchers to maintain training and
postsecondary education.--A voucher provided under a State
educational and training voucher program under section 477(i) of
the Social Security Act may be used for maintaining training and
postsecondary education, including less than full-time
matriculation costs or other expenses that are not part of the
cost of attendance but would help support youth in remaining
enrolled as described in paragraph (1) of this subsection.
(3) Authority to waive limitations on percentage of funds
used for housing assistance and eligibility for
[[Page 134 STAT. 2411]]
such assistance.--Notwithstanding section 477(b)(3)(B) of the
Social Security Act, a State may use--
(A) more than 30 percent of the amounts paid to the
State from its allotment under section 477(c)(1) of such
Act for a fiscal year, for room or board payments; and
(B) any of such amounts for youth otherwise eligible
for services under section 477 of such Act who--
(i) have attained 18 years of age and not 27
years of age; and
(ii) experienced foster care at 14 years of
age or older.
(4) Authority to provide driving and transportation
assistance.--
(A) Use of funds.--Funds provided under section 477
of the Social Security Act may be used to provide
driving and transportation assistance to youth described
in paragraph (3)(B) who have attained 15 years of age
with costs related to obtaining a driver's license and
driving lawfully in a State (such as vehicle insurance
costs, driver's education class and testing fees,
practice lessons, practice hours, license fees, roadside
assistance, deductible assistance, and assistance in
purchasing an automobile).
(B) Maximum allowance.--The amount of the assistance
provided for each eligible youth under subparagraph (A)
shall not exceed $4,000 per year, and any assistance so
provided shall be disregarded for purposes of
determining the recipient's eligibility for, and the
amount of, any other Federal or federally-supported
assistance, except that the State agency shall take
appropriate steps to prevent duplication of benefits
under this and other Federal or federally-supported
programs.
(C) Report to the congress.--Within 6 months after
the end of the expenditure period, the Secretary shall
submit to the Congress a report on the extent to which,
and the manner in which, the funds to which subsection
(a)(3) applies were used to provide technical assistance
to State child welfare programs, monitor State
performance and foster youth outcomes, and evaluate
program effectiveness.
SEC. 4. <<NOTE: 42 USC 671 note.>> PREVENTING AGING OUT OF FOSTER
CARE DURING THE PANDEMIC.
(a) Addressing Foster Care Age Restrictions During the Pandemic.--A
State operating a program under part E of title IV of the Social
Security Act may not require a child who is in foster care under the
responsibility of the State to leave foster care solely by reason of the
child's age. A child may not be found ineligible for foster care
maintenance payments under section 472 of such Act solely due to the age
of the child or the failure of the child to meet a condition of section
475(8)(B)(iv) of such Act before October 1, 2021.
(b) Re-entry to Foster Care for Youth Who Age Out During the
Pandemic.--A State operating a program under the State plan approved
under part E of title IV of the Social Security Act (and without regard
to whether the State has exercised the option provided by section
475(8)(B) of such Act to extend assistance under such part to older
children) shall--
[[Page 134 STAT. 2412]]
(1) permit any youth who left foster care due to age during
the COVID-19 public health emergency to voluntarily re-enter
foster care;
(2) provide to each such youth who was formally discharged
from foster care during the COVID-19 public health emergency, a
notice designed to make the youth aware of the option to return
to foster care;
(3) facilitate the voluntary return of any such youth to
foster care; and
(4) conduct a public awareness campaign about the option to
voluntarily re-enter foster care for youth who have not attained
22 years of age, who aged out of foster care in fiscal year 2020
or fiscal year 2021, and who are otherwise eligible to return to
foster care.
(c) Protections for Youth in Foster Care.--A State operating a
program under the State plan approved under part E of title IV of the
Social Security Act shall--
(1) continue to ensure that the safety, permanence, and
well-being needs of older foster youth, including youth who
remain in foster care and youth who age out of foster care
during that period but who re-enter foster care pursuant to this
section, are met; and
(2) work with any youth who remains in foster care after
attaining 18 years of age (or such greater age as the State may
have elected under section 475(8)(B)(iii) of such Act) to
develop, or review and revise, a transition plan consistent with
the plan referred to in section 475(5)(H) of such Act, and
assist the youth with identifying adults who can offer
meaningful, permanent connections.
(d) Authority to Use Additional Funding for Certain Costs Incurred
to Prevent Aging Out of, Facilitating Re-entry to, and Protecting Youth
in Care During the Pandemic.--
(1) In general.--Subject to paragraph (2) of this
subsection, a State to which additional funds are made available
as a result of section 3(a) may use the funds to meet any costs
incurred in complying with subsections (a), (b), and (c) of this
section.
(2) Restrictions.--
(A) The costs referred to in paragraph (1) must be
incurred after the date of the enactment of this section
and before October 1, 2021.
(B) The costs of complying with subsection (a) or
(c) of this section must not be incurred on behalf of
children eligible for foster care maintenance payments
under section 472 of the Social Security Act, including
youth who have attained 18 years of age who are eligible
for the payments by reason of the temporary waiver of
the age requirement or the conditions of section
475(8)(B)(iv) of such Act.
(C) A State shall make reasonable efforts to ensure
that eligibility for foster care maintenance payments
under section 472 of the Social Security Act is
determined when a youth remains in, or re-enters, foster
care as a result of the State complying with subsections
(a) and (c) of this section.
[[Page 134 STAT. 2413]]
(D) A child who re-enters care during the COVID-19
public health emergency period may not be found
ineligible for foster care maintenance payments under
section 472 of the Social Security Act solely due to age
or the requirements of section 475(8)(B)(iv) of such Act
before October 1, 2021.
(e) Termination of Certain Provisions.--The preceding provisions of
this section shall have no force or effect after September 30, 2021.
SEC. 5. <<NOTE: 42 USC 674 note.>> FAMILY FIRST PREVENTION
SERVICES PROGRAM PANDEMIC FLEXIBILITY.
During the COVID-19 public health emergency period, each percentage
specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the
Social Security Act is deemed to be 100 percent.
SEC. 6. <<NOTE: 42 USC 629d note.>> EMERGENCY FUNDING FOR THE
MARYLEE ALLEN PROMOTING SAFE AND STABLE
FAMILIES PROGRAM.
(a) In General.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated $85,000,000 to
carry out section 436(a) of the Social Security Act for fiscal year
2021, in addition to any amounts otherwise made available for such
purpose. For purposes of section 436(b) of such Act, the amount made
available by the preceding sentence shall be considered part of the
amount specified in such section 436(a).
(b) Inapplicability of State Matching Requirement to Additional
Funds.--In making payments under section 434(a) of the Social Security
Act from the additional funds made available as a result of subsection
(a) of this section, the percentage specified in section 434(a)(1) of
such Act is deemed to be 100 percent.
SEC. 7. <<NOTE: 42 USC 629h note.>> COURT IMPROVEMENT PROGRAM.
(a) Reservation of Funds.--Of the additional amounts made available
by reason of section 6 of this Act, the Secretary shall reserve
$10,000,000 for grants under subsection (b) of this section for fiscal
year 2021, which shall be considered to be made under section 438 of the
Social Security Act.
(b) Distribution of Funds.--
(1) In general.--From the amounts reserved under subsection
(a) of this section, the Secretary shall--
(A) reserve not more than $500,000 for Tribal court
improvement activities; and
(B) <<NOTE: Grants.>> from the amount remaining
after the application of subparagraph (A), make a grant
to each highest State court that is approved to receive
a grant under section 438 of the Social Security Act for
the purpose described in section 438(a)(3) of such Act,
for fiscal year 2021.
(2) Amount.--The amount of the grant awarded to a highest
State court under this subsection shall be the sum of--
(A) $85,000; and
(B) the amount that bears the same ratio to the
amount reserved under subsection (a) that remains after
the application of paragraph (1)(A) and subparagraph (A)
of this paragraph, as the number of individuals in the
State in which the court is located who have not
attained 21 years of age bears to the total number of
such individuals in all States the highest courts of
which were awarded
[[Page 134 STAT. 2414]]
a grant under this subsection (based on the most recent
year for which data are available from the Bureau of the
Census).
(3) Other rules.--
(A) In general.--The grants awarded to the highest
State courts under this subsection shall be in addition
to any grants made to the courts under section 438 of
the Social Security Act for any fiscal year.
(B) <<NOTE: Grants.>> No additional application.--
The Secretary shall award grants to the highest State
courts under this subsection without requiring the
courts to submit an additional application.
(C) <<NOTE: Criteria.>> Reports.--The Secretary may
establish reporting criteria specific to the grants
awarded under this subsection.
(D) <<NOTE: Compliance.>> Redistribution of funds.--
If a highest State court does not accept a grant awarded
under this subsection, or does not agree to comply with
any reporting requirements imposed under subparagraph
(C) or the use of funds requirements specified in
subsection (c), the Secretary shall redistribute the
grant funds that would have been awarded to that court
under this subsection among the other highest State
courts that are awarded grants under this subsection and
agree to comply with the reporting and use of funds
requirements.
(E) No matching requirement.--The limitation on the
use of funds specified in section 438(d) of such Act
shall not apply to the grants awarded under this
section.
(c) Use of Funds.--A highest State court awarded a grant under
subsection (b) shall use the grant funds to address needs stemming from
the COVID-19 public health emergency, which may include any of the
following:
(1) Technology investments to facilitate the transition to
remote hearings for dependency courts when necessary as a direct
result of the COVID-19 public health emergency.
(2) Training for judges, attorneys, and caseworkers on
facilitating and participating in remote hearings that comply
with due process and all applicable law, ensure child safety and
well-being, and help inform judicial decision-making.
(3) Programs to help families address aspects of the case
plan to avoid delays in legal proceedings that would occur as a
direct result of the COVID-19 public health emergency.
(4) Other purposes to assist courts, court personnel, or
related staff related to the COVID-19 public health emergency.
(d) Conforming Amendments.--Section 438 of the Social Security Act
(42 U.S.C. 629h) is amended in each of subsections (c)(1) and (d) by
striking ``2021'' and inserting ``2022''.
SEC. 8. <<NOTE: 42 USC 674 note.>> KINSHIP NAVIGATOR PROGRAMS
PANDEMIC FLEXIBILITY.
(a) Inapplicability of Matching Funds Requirements.--During the
COVID-19 public health emergency period, the percentage specified in
section 474(a)(7) of the Social Security Act is deemed to be 100
percent.
(b) <<NOTE: Determination.>> Waiver of Evidence Standard.--During
the COVID-19 public health emergency period, the requirement in section
474(a)(7) of the Social Security Act that the Secretary determine that a
[[Page 134 STAT. 2415]]
kinship navigator program be operated in accordance with promising,
supported, or well-supported practices that meet the applicable criteria
specified for the practices in section 471(e)(4)(C) of such Act shall
have no force or effect, except that each State with such a program
shall provide the Secretary with an assurance that the program will be,
or is in the process of being, evaluated for the purpose of building an
evidence base to later determine whether the program meets the criteria
set forth in such section 471(e)(4)(C).
(c) Other Allowable Uses of Funds.--A State may use funds provided
to carry out a kinship navigator program--
(1) for evaluations, independent systematic review, and
related activities;
(2) to provide short-term support to kinship families for
direct services or assistance during the COVID-19 public health
emergency period; and
(3) to ensure that kinship caregivers have the information
and resources to allow kinship families to function at their
full potential, including--
(A) ensuring that those who are at risk of
contracting COVID-19 have access to information and
resources for necessities, including food, safety
supplies, and testing and treatment for COVID-19;
(B) access to technology and technological supports
needed for remote learning or other activities that must
be carried out virtually due to the COVID-19 public
health emergency;
(C) health care and other assistance, including
legal assistance and assistance with making alternative
care plans for the children in their care if the
caregivers were to become unable to continue caring for
the children;
(D) services to kinship families, including kinship
families raising children outside of the foster care
system; and
(E) assistance to allow children to continue safely
living with kin.
(d) <<NOTE: Applicability.>> Territory Cap Exemption.--Section
1108(a)(1) of the Social Security Act shall be applied without regard to
any amount paid to a territory pursuant to this section that would not
have been paid to the territory in the absence of this section.
SEC. 9. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY FIRST
TRANSITION ACT FUNDING CERTAINTY GRANTS.
Section 602(c)(2) of division N of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) <<NOTE: 133 Stat. 3120.>>
is amended--
(1) in subparagraph (C), in the matter preceding clause (i),
by striking ``The calculation'' and inserting ``Except as
provided in subparagraph (G), the calculation''; and
(2) by adding at the end the following:
``(G) Adjustment of funding certainty baselines.--
``(i) Hold harmless for temporary increase in
fmap.--For each fiscal year specified in
subparagraph (B), the Secretary shall increase the
maximum capped allocation for fiscal year 2019 or
the final cost neutrality limit for fiscal year
2018 for a State or sub-State jurisdiction
referred to in subparagraph (A)(i), by the amount
equal to the difference between--
[[Page 134 STAT. 2416]]
``(I) the amount of the foster care
maintenance payments portion of such
maximum capped allocation or final cost
neutrality limit; and
``(II) the amount that the foster
care maintenance payments portion of
such maximum capped allocation or final
cost neutrality limit would be if the
Federal medical assistance percentage
applicable to the State under clause
(ii) for the fiscal year so specified
were used to determine the amount of
such portion.
``(ii) <<NOTE: Time period.>> Applicable
federal medical assistance percentage.--For
purposes of clause (i)(II), the Federal medical
assistance percentage applicable to a State for a
fiscal year specified in subparagraph (B) is the
average of the values of the Federal medical
assistance percentage applicable to the State in
each quarter of such fiscal year under section
474(a)(1) of the Social Security Act (42 U.S.C.
674(a)(1)) after application of any temporary
increase in the Federal medical assistance
percentage for the State and quarter under section
6008 of the Families First Coronavirus Response
Act (42 U.S.C. 1396d note) and any other Federal
legislation enacted during the period that begins
on July 1, 2020, and ends on December 31, 2021.''.
SEC. 10. <<NOTE: 42 USC 711 note.>> ALLOWING HOME VISITING
PROGRAMS TO CONTINUE SERVING FAMILIES
SAFELY.
(a) In General.--For purposes of section 511 of the Social Security
Act, during the COVID-19 public health emergency period--
(1) a virtual home visit shall be considered a home visit;
(2) funding for, and staffing levels of, a program conducted
pursuant to such section shall not be reduced on account of
reduced enrollment in the program; and
(3) funds provided for such a program may be used--
(A) to train home visitors in conducting a virtual
home visit and in emergency preparedness and response
planning for families served, and may include training
on how to safely conduct intimate partner violence
screenings remotely, training on safety and planning for
families served;
(B) for the acquisition by families enrolled in the
program of such technological means as are needed to
conduct and support a virtual home visit; and
(C) to provide emergency supplies to families
served, regardless of whether the provision of such
supplies is within the scope of the approved program,
such as diapers, formula, non-perishable food, water,
hand soap, and hand sanitizer.
(b) Virtual Home Visit Defined.--In subsection (a), the term
``virtual home visit'' means a home visit, as described in an applicable
service delivery model, that is conducted solely by the use of
electronic information and telecommunications technologies.
(c) Authority to Delay Deadlines.--
(1) In general.--The Secretary may extend the deadline by
which a requirement of section 511 of the Social Security Act
must be met, by such period of time as the Secretary
[[Page 134 STAT. 2417]]
deems appropriate, taking into consideration the impact of the
COVID-19 public health emergency on eligible entity home
visiting programs and the impact of families enrolled in home
visiting programs. <<NOTE: Waiver authority.>> The Secretary may
delay the deadline for submission, waive performance measures,
or allow for alternative data sources to be used to show
improvement in performance in the manner provided in section
511(d)(1) of such Act.
(2) Delay of deadline for statewide needs assessment.--The
Secretary may delay the October 1, 2020, deadline for reviewing
and updating any needs assessment required by section 511(b)(1)
or 511(h)(2)(A) of the Social Security Act, but any such delay
shall not affect the timing for, or amount of, any payment to
the State involved from the fiscal year allotments available to
the State under section 502(c) of such Act.
(3) Guidance.--The Secretary shall provide to eligible
entities funded under section 511 of the Social Security Act
information on the parameters used in extending a deadline under
paragraph (1) or (2) of this subsection.
(d) Timely Release of Title V Funds.--The authorities provided in
this section shall not be interpreted to authorize or require any delay
in the timely release of funds under title V of the Social Security Act.
SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID
FMAP.
Section 6008 of the Families First Coronavirus Response Act (Public
Law 116-127) <<NOTE: 42 USC 1396d note.>> is amended by adding at the
end the following:
``(d) Application to Title IV-E Payments.--If the District of
Columbia receives the increase described in subsection (a) in the
Federal medical assistance percentage for the District of Columbia with
respect to a quarter, the Federal medical assistance percentage for the
District of Columbia, as so increased, shall apply to payments made to
the District of Columbia under part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.) for that quarter, and the payments under
such part shall be deemed to be made on the basis of the Federal medical
assistance percentage applied with respect to such District for purposes
of title XIX of such Act (42 U.S.C. 1396 et seq.) and as increased under
subsection (a).''.
DIVISION Y <<NOTE: American Miner Benefits Improvement Act of 2020.>> --
AMERICAN MINER BENEFITS IMPROVEMENT
SEC. 1. <<NOTE: 30 USC 1201 note.>> SHORT TITLE.
This division may be cited as the ``American Miner Benefits
Improvement Act of 2020''.
SEC. 2. TRANSFERS TO 1974UMWA PENSION PLAN.
(a) In General.--Section 402(h)(2)(C)(ii) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(ii)) is
amended--
(1) by striking ``the Bipartisan American Miners Act of
2019'' each place it appears and inserting ``the American Miner
Benefits Improvement Act of 2020'',
[[Page 134 STAT. 2418]]
(2) by striking ``or 2019'' in subclause (II) and inserting
``2019, or any year thereafter,''
(3) by inserting before ``; and'' in subclause (II) the
following: ``(or, in the case of any such health benefits
confirmed in any bankruptcy proceeding, would be subsequently
denied or reduced)'', and
(4) by striking ``January 1, 2019'' in the second sentence
and inserting ``January 1, 2020''.
(b) Increase in Limitation to Account for Calculation of Health
Benefit Plan Excess.--Section 402(i)(3) of such Act (30 U.S.C.
1232(i)(3)) is amended by adding at the end the following new
subparagraph:
``(C) Increase in limitation to account for
calculation of health benefit plan excess.--The dollar
limitation under subparagraph (A) shall be increased by
the amount of the cost to provide benefits which are
taken into account under subsection (h)(2)(C)(ii) solely
by reason of the amendments made by section 2(a) of the
American Miner Benefits Improvement Act of 2020.''.
(c) <<NOTE: 30 USC 1232 note.>> Application.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
(2) Subsection (a)(3).--The amendment made by subsection
(a)(3) shall apply to denials and reductions after December 31,
2019.
DIVISION Z-- <<NOTE: Energy Act of 2020.>> ENERGY ACT OF 2020
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 42 USC 17001 note.>> Short Title.--This division may be
cited as the ``Energy Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
DIVISION Z--ENERGY ACT OF 2020
Sec. 101. Short title; table of contents.
TITLE I--EFFICIENCY
Sec. 1001. Coordination of energy retrofitting assistance for schools.
Sec. 1002. Use of energy and water efficiency measures in Federal
buildings.
Sec. 1003. Energy efficient data centers.
Sec. 1004. Energy-efficient and energy-saving information technologies.
Sec. 1005. Extended Product System Rebate Program.
Sec. 1006. Energy Efficient Transformer Rebate Program.
Sec. 1007. Smart building acceleration.
Sec. 1008. Modifications to the ceiling fan energy conservation
standard.
Sec. 1009. Report on electrochromic glass.
Sec. 1010. Energy and water for sustainability.
Sec. 1011. Weatherization Assistance Program.
Sec. 1012. Federal Energy Management Program.
Sec. 1013. CHP Technical Assistance Partnership Program.
Sec. 1014. Smart energy water efficiency pilot program.
TITLE II--NUCLEAR
Sec. 2001. Advanced Nuclear Fuel Availability.
Sec. 2002. Amendments to definitions in Energy Policy Act of 2005.
Sec. 2003. Nuclear energy research, development, demonstration, and
commercial application programs.
Sec. 2004. High-performance computation collaborative research program.
Sec. 2005. Nuclear energy budget plan.
[[Page 134 STAT. 2419]]
Sec. 2006. Organization and administration of programs.
Sec. 2007. Extension and expansion of limitations on importation of
uranium from Russian Federation.
Sec. 2008. Fusion energy research.
TITLE III--RENEWABLE ENERGY AND STORAGE
Subtitle A--Renewable Energy Research and Development
Sec. 3001. Water power research and development.
Sec. 3002. Advanced geothermal innovation leadership.
Sec. 3003. Wind energy research and development.
Sec. 3004. Solar energy research and development.
Sec. 3005. Hydroelectric production incentives and efficiency
improvements.
Sec. 3006. Conforming amendments.
Subtitle B--Natural Resources Provisions
Sec. 3101. Definitions.
Sec. 3102. Program to improve eligible project permit coordination.
Sec. 3103. Increasing economic certainty.
Sec. 3104. National goal for renewable energy production on Federal
land.
Sec. 3105. Facilitation of coproduction of geothermal energy on oil and
gas leases.
Sec. 3106. Savings clause.
Subtitle C--Energy Storage
Sec. 3201. Better energy storage technology.
Sec. 3202. Energy storage technology and microgrid assistance program.
TITLE IV--CARBON MANAGEMENT
Sec. 4001. Fossil energy.
Sec. 4002. Establishment of carbon capture technology program.
Sec. 4003. Carbon storage validation and testing.
Sec. 4004. Carbon utilization program.
Sec. 4005. High efficiency turbines.
Sec. 4006. National energy technology laboratory reforms.
Sec. 4007. Study on Blue Hydrogen Technology.
Sec. 4008. Produced water research and development.
TITLE V--CARBON REMOVAL
Sec. 5001. Carbon removal.
Sec. 5002. Carbon dioxide removal task force and report.
TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES
Sec. 6001. Purpose.
Sec. 6002. Coordination of research and development of energy efficient
technologies for industry.
Sec. 6003. Industrial emissions reduction technology development
program.
Sec. 6004. Industrial Technology Innovation Advisory Committee.
Sec. 6005. Technical assistance program to implement industrial
emissions reduction.
Sec. 6006. Development of national smart manufacturing plan.
TITLE VII--CRITICAL MINERALS
Sec. 7001. Rare earth elements.
Sec. 7002. Mineral security.
Sec. 7003. Monitoring mineral investments under Belt and Road Initiative
of People's Republic of China.
TITLE VIII--GRID MODERNIZATION
Sec. 8001. Smart grid regional demonstration initiative.
Sec. 8002. Smart grid modeling, visualization, architecture, and
controls.
Sec. 8003. Integrated energy systems.
Sec. 8004. Grid integration research and development.
Sec. 8005. Advisory committee.
Sec. 8006. Coordination of efforts.
Sec. 8007. Technology demonstration on the distribution grid.
Sec. 8008. Voluntary model pathways.
Sec. 8009. Performance metrics for electricity infrastructure providers.
Sec. 8010. Voluntary State, regional, and local electricity distribution
planning.
Sec. 8011. Micro-grid and integrated micro-grid systems program.
Sec. 8012. Technical amendments; authorization of appropriations.
[[Page 134 STAT. 2420]]
Sec. 8013. Indian energy.
Sec. 8014. Report on electricity access and reliability.
Sec. 8015. Net metering study and evaluation.
TITLE IX--DEPARTMENT OF ENERGY INNOVATION
Sec. 9001. Office of technology transitions.
Sec. 9002. Lab partnering service pilot program.
Sec. 9003. Technology commercialization fund.
Sec. 9004. Streamlining prize competitions.
Sec. 9005. Milestone-based demonstration projects.
Sec. 9006. Other transaction authority extension.
Sec. 9007. Technology transfer reports and evaluation.
Sec. 9008. Veterans' health initiative.
Sec. 9009. Sustainable Transportation Research and Development.
Sec. 9010. Loan program office title XVII reform.
Sec. 9011. Established Program to Stimulate Competitive Research.
TITLE X--ARPA-E AMENDMENTS
Sec. 10001. ARPA-E amendments.
TITLE XI--OTHER MATTERS
Sec. 11001. Low-Dose Radiation Research.
Sec. 11002. Authorization.
Sec. 11003. Sense of Congress.
Sec. 11004. Addressing insufficient compensation of employees and other
personnel of the Federal Energy Regulatory Commission.
Sec. 11005. Report on the authority of the Secretary of Energy to
implement flexible compensation models.
TITLE I--EFFICIENCY
SEC. 1001. <<NOTE: 42 USC 6371k.>> COORDINATION OF ENERGY
RETROFITTING ASSISTANCE FOR SCHOOLS.
(a) Definition of School.--In this section, the term ``school''
means--
(1) an elementary school or secondary school (as defined in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
(2) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
(3) a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c)));
(4) a school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20 U.S.C.
921 et seq.) or established under section 2164 of title 10,
United States Code;
(5) a school operated by the Bureau of Indian Education;
(6) a tribally controlled school (as defined in section 5212
of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2511)); and
(7) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(b) <<NOTE: Coordination.>> Designation of Lead Agency.--The
Secretary of Energy (in this section referred to as the ``Secretary''),
acting through the Office of Energy Efficiency and Renewable Energy,
shall act as the lead Federal agency for coordinating and disseminating
information on existing Federal programs and assistance that may be used
to help initiate, develop, and finance energy efficiency, renewable
energy, and energy retrofitting projects for schools.
[[Page 134 STAT. 2421]]
(c) Requirements.--In carrying out coordination and outreach under
subsection (b), the Secretary shall--
(1) <<NOTE: Consultation. Coordination.>> in consultation
and coordination with the appropriate Federal agencies, carry
out a review of existing programs and financing mechanisms
(including revolving loan funds and loan guarantees) available
in or from the Department of Agriculture, the Department of
Energy, the Department of Education, the Department of the
Treasury, the Internal Revenue Service, the Environmental
Protection Agency, and other appropriate Federal agencies with
jurisdiction over energy financing and facilitation that are
currently used or may be used to help initiate, develop, and
finance energy efficiency, renewable energy, and energy
retrofitting projects for schools;
(2) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities and
assistance described in paragraph (1), for energy efficiency,
renewable energy, and energy retrofitting projects that enables
States, local educational agencies, and schools--
(A) to use existing Federal opportunities more
effectively; and
(B) to form partnerships with Governors, State
energy programs, local educational, financial, and
energy officials, State and local government officials,
nonprofit organizations, and other appropriate entities,
to support the initiation of the projects;
(3) provide technical assistance for States, local
educational agencies, and schools to help develop and finance
energy efficiency, renewable energy, and energy retrofitting
projects--
(A) to increase the energy efficiency of buildings
or facilities;
(B) to install systems that individually generate
energy from renewable energy resources;
(C) to establish partnerships to leverage economies
of scale and additional financing mechanisms available
to larger clean energy initiatives; or
(D) to promote--
(i) the maintenance of health, environmental
quality, and safety in schools, including the
ambient air quality, through energy efficiency,
renewable energy, and energy retrofit projects;
and
(ii) the achievement of expected energy
savings and renewable energy production through
proper operations and maintenance practices;
(4) <<NOTE: Website.>> develop and maintain a single online
resource website with contact information for relevant technical
assistance and support staff in the Office of Energy Efficiency
and Renewable Energy for States, local educational agencies, and
schools to effectively access and use Federal opportunities and
assistance described in paragraph (1) to develop energy
efficiency, renewable energy, and energy retrofitting projects;
and
(5) establish a process for recognition of schools that--
(A) have successfully implemented energy efficiency,
renewable energy, and energy retrofitting projects; and
(B) are willing to serve as resources for other
local educational agencies and schools to assist
initiation of similar efforts.
[[Page 134 STAT. 2422]]
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing the
implementation of this section.
SEC. 1002. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
BUILDINGS.
(a) Reports.--Section 548(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5)(A) the status of the energy savings performance
contracts and utility energy service contracts of each agency,
to the extent that the information is not duplicative of
information provided to the Secretary under a separate
authority;
``(B) the quantity and investment value of the contracts for
the previous year;
``(C) the guaranteed energy savings, or for contracts
without a guarantee, the estimated energy savings, for the
previous year, as compared to the measured energy savings for
the previous year;
``(D) a forecast of the estimated quantity and investment
value of contracts anticipated in the following year for each
agency; and
``(E)(i) a comparison of the information described in
subparagraph (B) and the forecast described in subparagraph (D)
in the report of the previous year; and
``(ii) if applicable, the reasons for any differences in the
data compared under clause (i).''.
(b) Definition of Energy Conservation Measures.--Section 551(4) of
the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is
amended by striking ``or retrofit activities'' and inserting ``retrofit
activities, or energy consuming devices and required support
structures''.
(c) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) limit the recognition of operation and
maintenance savings associated with systems
modernized or replaced with the implementation of
energy conservation measures, water conservation
measures, or any combination of energy
conservation measures and water conservation
measures.''.
(d) Miscellaneous Authority; Excluded Contracts.--Section 801(a)(2)
of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is
amended by adding at the end the following:
``(H) <<NOTE: Applicability.>> Miscellaneous
authority.--Notwithstanding subtitle I of title 40,
United States Code, a Federal agency may accept, retain,
sell, or transfer, and apply the proceeds of the sale or
transfer of, any energy and water incentive, rebate,
grid services revenue, or credit (including a renewable
energy certificate) to fund a contract under this title.
[[Page 134 STAT. 2423]]
``(I) Excluded contracts.--A contract entered into
under this title may not be for work performed--
``(i) at a Federal hydroelectric facility that
provides power marketed by a Power Marketing
Administration; or
``(ii) at a hydroelectric facility owned and
operated by the Tennessee Valley Authority
established under the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831 et seq.).''.
(e) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
related operation and maintenance expenses)'' and inserting ``,
including related operations and maintenance expenses''.
(f) Definition of Energy Savings.--Section 804(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
(1) in subparagraph (A), by striking ``federally owned
building or buildings or other federally owned facilities'' and
inserting ``Federal building (as defined in section 551)'' each
place it appears;
(2) in subparagraph (C), by striking ``; and'' and inserting
a semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(E) the use, sale, or transfer of any energy and
water incentive, rebate, grid services revenue, or
credit (including a renewable energy certificate); and
``(F) any revenue generated from a reduction in
energy or water use, more efficient waste recycling, or
additional energy generated from more efficient
equipment.''.
(g) Energy and Water Conservation Measures.--Section 543 of the
National Energy Conservation Policy Act (42 U.S.C. 8253) is amended--
(1) in the section heading, by inserting ``<SUP>and</SUP>
water</SUP>'' after ``<SUP>energy</SUP>'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy''; and
(B) by striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--Each agency shall--
``(A) <<NOTE: Deadline. Determination.>> not later
than October 1, 2022, to the maximum extent practicable,
begin installing in Federal buildings owned by the
United States all energy and water conservation measures
determined by the Secretary to be life cycle cost-
effective (as defined in subsection (f)(1)); and
``(B) complete the installation described in
subparagraph (A) as soon as practicable after the date
referred to in that subparagraph.
``(2) Explanation of noncompliance.--
``(A) <<NOTE: Guidelines.>> In general.--If an
agency fails to comply with paragraph (1), the agency
shall submit to the Secretary, using guidelines
developed by the Secretary, an explanation of the
reasons for the failure.
``(B) Report to congress.--Not later than January 1,
2022, and every 2 years thereafter, the Secretary shall
[[Page 134 STAT. 2424]]
submit to Congress a report that describes any
noncompliance by an agency with the requirements of
paragraph (1).'';
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``An agency'' and inserting ``The head of
each agency''; and
(ii) by inserting ``or water'' after
``energy'' each place it appears; and
(B) in subparagraph (B)(i), by inserting ``or
water'' after ``energy'';
(4) in subsection (d)(2), by inserting ``and water'' after
``energy'';
(5) in subsection (e)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy'';
(B) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``October 1, 2012''
and inserting ``October 1, 2022'';
(II) by inserting ``and water''
after ``energy''; and
(III) by inserting ``and water''
after ``electricity'';
(ii) in the second sentence, by inserting
``and water'' after ``electricity''; and
(iii) in the fourth sentence, by inserting
``and water'' after ``energy'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``and'' before
``Federal''; and
(II) by inserting ``and any other
person the Secretary deems necessary,''
before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i)(II), by inserting
``and water'' after ``energy'' each
place it appears;
(II) in clause (ii), by inserting
``and water'' after ``energy''; and
(III) in clause (iv), by inserting
``and water'' after ``energy''; and
(iii) by adding at the end the following:
``(C) <<NOTE: Deadline.>> Update.--Not later than
180 days after the date of enactment of this
subparagraph, the Secretary shall update the guidelines
established under subparagraph (A) to take into account
water efficiency requirements under this section.'';
(D) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``established under
paragraph (2)'' and inserting ``updated under paragraph
(2)(C)''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``this paragraph''
and inserting ``the Energy Act of
2020''; and
(II) by inserting ``and water''
before ``use in''; and
[[Page 134 STAT. 2425]]
(ii) in subparagraph (B)(ii), in the matter
preceding subclause (I), by inserting ``and
water'' after ``energy''; and
(6) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E), (F),
and (G) as subparagraphs (F), (G), and (H),
respectively; and
(ii) by inserting after subparagraph (D) the
following:
``(E) <<NOTE: Definition.>> Ongoing
commissioning.--The term `ongoing commissioning' means
an ongoing process of commissioning using monitored
data, the primary goal of which is to ensure continuous
optimum performance of a facility, in accordance with
design or operating needs, over the useful life of the
facility, while meeting facility occupancy
requirements.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
water'' before ``use'';
(ii) in subparagraph (B)--
(I) by striking ``energy'' before
``efficiency''; and
(II) by inserting ``or water''
before ``use''; and
(iii) by adding at the end the following:
``(C) Energy management system.--An energy manager
designated for a facility under subparagraph (A) shall
take into consideration--
``(i) the use of a system to manage energy and
water use at the facility; and
``(ii) the applicability of the certification
of the facility in accordance with the
International Organization for Standardization
standard numbered 50001 and entitled `Energy
Management Systems'.'';
(C) by striking paragraphs (3) and (4) and inserting
the following:
``(3) Energy and water evaluations and commissioning.--
``(A) <<NOTE: Deadline. Time period.>>
Evaluations.--Except as provided in subparagraph (B),
not later than the date that is 180 days after the date
of enactment of the Energy Act of 2020, and annually
thereafter, each energy manager shall complete, for the
preceding calendar year, a comprehensive energy and
water evaluation and recommissioning or
retrocommissioning for approximately 25 percent of the
facilities of the applicable agency that meet the
criteria under paragraph (2)(B) in a manner that ensures
that an evaluation of each facility is completed not
less frequently than once every 4 years.
``(B) Exceptions.--An evaluation and recommissioning
or retrocommissioning shall not be required under
subparagraph (A) with respect to a facility that, as of
the date on which the evaluation and recommissioning or
retrocommissioning would occur--
``(i) <<NOTE: Time period.>> has had a
comprehensive energy and water evaluation during
the preceding 8-year period;
[[Page 134 STAT. 2426]]
``(ii)(I) has been commissioned,
recommissioned, or retrocommissioned during the
preceding 10-year period; or
``(II) is under ongoing commissioning,
recommissioning, or retrocomissioning;
``(iii) has not had a major change in function
or use since the previous evaluation and
recommissioning or retrocommissioning;
``(iv) has been benchmarked with public
disclosure under paragraph (8) during the
preceding calendar year; and
``(v)(I) based on the benchmarking described
in clause (iv), has achieved at a facility level
the most recent cumulative energy savings target
under subsection (a) compared to the earlier of--
``(aa) the date of the most recent
evaluation; or
``(bb) the date--
``(AA) of the most recent
commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing
commissioning began; or
``(II) has a long-term contract in place
guaranteeing energy savings at least as great as
the energy savings target under subclause (I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 2 years after the date of completion of each
evaluation under paragraph (3), each energy manager
shall implement any energy- or water-saving measure
that--
``(i) the Federal agency identified in the
evaluation; and
``(ii) <<NOTE: Determination. Evaluation.>>
is life cycle cost-effective, as determined by
evaluating an individual measure or a bundle of
measures with varying paybacks.
``(B) Performance contracting.--Each Federal agency
shall use performance contracting to address at least 50
percent of the measures identified under subparagraph
(A)(i).'';
(D) in paragraph (7)(B)(ii)(II), by inserting ``and
water'' after ``energy''; and
(E) in paragraph (9)(A), in the matter preceding
clause (i), by inserting ``and water'' after ``energy''.
(h) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 543 and inserting the
following:
``Sec. 543. Energy and water management requirements.''.
SEC. 1003. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b)--
[[Page 134 STAT. 2427]]
(A) in paragraph (2)(D)(iv), by striking
``determined by the organization'' and inserting
``proposed by the stakeholders''; and
(B) by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) <<NOTE: Collaboration.>> In general.--The Secretary
and the Administrator shall carry out subsection (b) in
collaboration with the information technology industry and other
key stakeholders, with the goal of producing results that
accurately reflect the most relevant and useful information.
``(2) Considerations.--In carrying out the collaboration
described in paragraph (1), the Secretary and the Administrator
shall pay particular attention to organizations that--
``(A) have members with expertise in energy
efficiency and in the development, operation, and
functionality of data centers, information technology
equipment, and software, including representatives of
hardware manufacturers, data center operators, and
facility managers;
``(B) obtain and address input from the National
Laboratories (as that term is defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
institution of higher education, research institution,
industry association, company, or public interest group
with applicable expertise;
``(C) follow--
``(i) commonly accepted procedures for the
development of specifications; and
``(ii) accredited standards development
processes; or
``(D) have a mission to promote energy efficiency
for data centers and information technology.
``(d) <<NOTE: Assessment.>> Measurements and Specifications.--The
Secretary and the Administrator shall consider and assess the adequacy
of the specifications, measurements, best practices, and benchmarks
described in subsection (b) for use by the Federal Energy Management
Program, the Energy Star Program, and other efficiency programs of the
Department of Energy or the Environmental Protection Agency.
``(e) Study.--
``(1) Definition of report.--In this subsection, the term
`report' means the report of the Lawrence Berkeley National
Laboratory entitled `United States Data Center Energy Usage
Report' and dated June 2016, which was prepared as an update to
the `Report to Congress on Server and Data Center Energy
Efficiency', published on August 2, 2007, pursuant to section 1
of Public Law 109-431 (120 Stat. 2920).
``(2) <<NOTE: Deadline. Collaboration. Public
information. Update.>> Study.--Not later than 4 years after the
date of enactment of the Energy Act of 2020, the Secretary, in
collaboration with the Administrator, shall make available to
the public an update to the report that provides--
``(A) <<NOTE: Analysis. Time period.>> a comparison
and gap analysis of the estimates and projections
contained in the report with new data regarding the
period from 2015 through 2019;
[[Page 134 STAT. 2428]]
``(B) <<NOTE: Analysis.>> an analysis considering
the impact of information technologies, including
virtualization and cloud computing, in the public and
private sectors;
``(C) <<NOTE: Evaluation.>> an evaluation of the
impact of the combination of cloud platforms, mobile
devices, social media, and big data on data center
energy usage;
``(D) <<NOTE: Evaluation.>> an evaluation of water
usage in data centers and recommendations for reductions
in that water usage; and
``(E) <<NOTE: Recommenda- tions.>> updated
projections and recommendations for best practices
through fiscal year 2025.
``(f) Data Center Energy Practitioner Program.--
``(1) <<NOTE: Collaboration. Evaluation.>> In general.--The
Secretary, in collaboration with key stakeholders and the
Director of the Office of Management and Budget, shall maintain
a data center energy practitioner program that provides for the
certification of energy practitioners qualified to evaluate the
energy usage and efficiency opportunities in federally owned and
operated data centers.
``(2) Evaluations.--Each Federal agency shall consider
having the data centers of the agency evaluated once every 4
years by energy practitioners certified pursuant to the program,
whenever practicable using certified practitioners employed by
the agency.
``(g) Open Data Initiative.--
``(1) <<NOTE: Collaboration.>> In general.--The Secretary,
in collaboration with key stakeholders and the Director of the
Office of Management and Budget, shall establish an open data
initiative relating to energy usage at federally owned and
operated data centers, with the purpose of making the data
available and accessible in a manner that encourages further
data center innovation, optimization, and consolidation.
``(2) Consideration.--In establishing the initiative under
paragraph (1), the Secretary shall consider using the online
Data Center Maturity Model.
``(h) <<NOTE: Collaboration.>> International Specifications and
Metrics.--The Secretary, in collaboration with key stakeholders, shall
actively participate in efforts to harmonize global specifications and
metrics for data center energy and water efficiency.
``(i) <<NOTE: Collaboration.>> Data Center Utilization Metric.--The
Secretary, in collaboration with key stakeholders, shall facilitate in
the development of an efficiency metric that measures the energy
efficiency of a data center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives established
under this section.''.
SEC. 1004. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(h) Federal Implementation Strategy for Energy-Efficient and
Energy-Saving Information Technologies.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means the
Director of the Office of Management and Budget.
[[Page 134 STAT. 2429]]
``(B) Information technology.--The term `information
technology' has the meaning given that term in section
11101 of title 40, United States Code.
``(2) <<NOTE: Deadline. Coordination.>> Development of
implementation strategy.--Not later than 1 year after the date
of enactment of the Energy Act of 2020, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop
an implementation strategy (including best-practices and
measurement and verification techniques) for the maintenance,
purchase, and use by the Federal agency of energy-efficient and
energy-saving information technologies at or for facilities
owned and operated by the Federal agency, taking into
consideration the performance goals established under paragraph
(4).
``(3) Administration.--In developing an implementation
strategy under paragraph (2), each Federal agency shall
consider--
``(A) advanced metering infrastructure;
``(B) energy efficient data center strategies and
methods of increasing asset and infrastructure
utilization;
``(C) advanced power management tools;
``(D) building information modeling, including
building energy management;
``(E) secure telework and travel substitution tools;
and
``(F) mechanisms to ensure that the agency realizes
the energy cost savings of increased efficiency and
utilization.
``(4) Performance goals.--
``(A) <<NOTE: Deadline. Consultation.>> In
general.--Not later than 180 days after the date of
enactment of the Energy Act of 2020, the Director, in
consultation with the Secretary, shall establish
performance goals for evaluating the efforts of Federal
agencies in improving the maintenance, purchase, and use
of energy-efficient and energy-saving information
technology at or for facilities owned and operated by
the Federal agencies.
``(B) <<NOTE: Recommenda- tion.>> Best practices.--
The Chief Information Officers Council established under
section 3603 of title 44, United States Code, shall
recommend best practices for the attainment of the
performance goals established under subparagraph (A),
which shall include, to the extent applicable by law,
consideration by a Federal agency of the use of--
``(i) energy savings performance contracting;
and
``(ii) utility energy services contracting.
``(5) Reports.--
``(A) Agency reports.--Each Federal agency shall
include in the report of the agency under section 527 of
the Energy Independence and Security Act of 2007 (42
U.S.C. 17143) a description of the efforts and results
of the agency under this subsection.
``(B) <<NOTE: Effective date.>> OMB government
efficiency reports and scorecards.--Effective beginning
not later than October 1, 2022, the Director shall
include in the annual report and scorecard of the
Director required under section 528 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17144)
a description of the efforts and results of Federal
agencies under this subsection.
[[Page 134 STAT. 2430]]
``(C) Use of existing reporting structures.--The
Director may require Federal agencies to submit any
information required to be submitted under this
subsection though reporting structures in use as of the
date of enactment of the Energy Act of 2020.''.
SEC. 1005. <<NOTE: 42 USC 6311 note.>> EXTENDED PRODUCT SYSTEM
REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Electric motor.--The term ``electric motor'' has the
meaning given the term in section 431.12 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(2) Electronic control.--The term ``electronic control''
means--
(A) a power converter; or
(B) a combination of a power circuit and control
circuit included on 1 chassis.
(3) Extended product system.--The term ``extended product
system'' means an electric motor and any required associated
electronic control and driven load that--
(A) offers variable speed or multispeed operation;
(B) offers partial load control that reduces input
energy requirements (as measured in kilowatt-hours) as
compared to identified base levels set by the Secretary
of Energy (in this section referred to as the
``Secretary''); and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary.
(4) Qualified extended product system.--
(A) In general.--The term ``qualified extended
product system'' means an extended product system that--
(i) includes an electric motor and an
electronic control; and
(ii) reduces the input energy (as measured in
kilowatt-hours) required to operate the extended
product system by not less than 5 percent, as
compared to identified base levels set by the
Secretary.
(B) Inclusions.--The term ``qualified extended
product system'' includes commercial or industrial
machinery or equipment that--
(i)(I) did not previously make use of the
extended product system prior to the redesign
described in subclause (II); and
(II) incorporates an extended product system
that has greater than 1 horsepower into redesigned
machinery or equipment; and
(ii) was previously used prior to, and was
placed back into service during, calendar year
2021 or 2022.
(b) <<NOTE: Deadline.>> Establishment.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall establish a
program to provide rebates for expenditures made by qualified entities
for the purchase or installation of a qualified extended product system.
(c) Qualified Entities.--
(1) Eligibility requirements.--A qualified entity under this
section shall be--
[[Page 134 STAT. 2431]]
(A) in the case of a qualified extended product
system described in subsection (a)(4)(A), the purchaser
of the qualified extended product that is installed; and
(B) in the case of a qualified extended product
system described in subsection (a)(4)(B), the
manufacturer of the commercial or industrial machinery
or equipment that incorporated the extended product
system into that machinery or equipment.
(2) Application.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the Secretary--
(A) an application in such form, at such time, and
containing such information as the Secretary may
require; and
(B) <<NOTE: Certification.>> a certification that
includes demonstrated evidence--
(i) that the entity is a qualified entity; and
(ii)(I) in the case of a qualified entity
described in paragraph (1)(A)--
(aa) that the qualified entity
installed the qualified extended product
system during the 2 fiscal years
following the date of enactment of this
Act;
(bb) that the qualified extended
product system meets the requirements of
subsection (a)(4)(A); and
(cc) showing the serial number,
manufacturer, and model number from the
nameplate of the installed motor of the
qualified entity on which the qualified
extended product system was installed;
or
(II) in the case of a qualified entity
described in paragraph (1)(B), demonstrated
evidence--
(aa) that the qualified extended
product system meets the requirements of
subsection (a)(4)(B); and
(bb) showing the serial number,
manufacturer, and model number from the
nameplate of the installed motor of the
qualified entity with which the extended
product system is integrated.
(d) Authorized Amount of Rebate.--
(1) In general.--The Secretary may provide to a qualified
entity a rebate in an amount equal to the product obtained by
multiplying--
(A) an amount equal to the sum of the nameplate
rated horsepower of--
(i) the electric motor to which the qualified
extended product system is attached; and
(ii) the electronic control; and
(B) $25.
(2) Maximum aggregate amount.--A qualified entity shall not
be entitled to aggregate rebates under this section in excess of
$25,000 per calendar year.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2022 and 2023.
[[Page 134 STAT. 2432]]
SEC. 1006. <<NOTE: 42 USC 6317 note.>> ENERGY EFFICIENT
TRANSFORMER REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Qualified energy efficient transformer.--The term
``qualified energy efficient transformer'' means a transformer
that meets or exceeds the applicable energy conservation
standards described in the tables in subsection (b)(2) and
paragraphs (1) and (2) of subsection (c) of section 431.196 of
title 10, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(2) Qualified energy inefficient transformer.--The term
``qualified energy inefficient transformer'' means a transformer
with an equal number of phases and capacity to a transformer
described in any of the tables in subsection (b)(2) and
paragraphs (1) and (2) of subsection (c) of section 431.196 of
title 10, Code of Federal Regulations (as in effect on the date
of enactment of this Act) that--
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) <<NOTE: Time periods.>> was manufactured
between January 1, 1987, and December 31, 2008, for a
transformer with an equal number of phases and capacity
as a transformer described in the table in subsection
(b)(2) of section 431.196 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of
this Act); or
(ii) was manufactured between January 1, 1992, and
December 31, 2011, for a transformer with an equal
number of phases and capacity as a transformer described
in the table in paragraph (1) or (2) of subsection (c)
of that section (as in effect on the date of enactment
of this Act).
(3) Qualified entity.--The term ``qualified entity'' means
an owner of industrial or manufacturing facilities, commercial
buildings, or multifamily residential buildings, a utility, or
an energy service company that fulfills the requirements of
subsection (c).
(b) <<NOTE: Deadline.>> Establishment.--Not later than 90 days after
the date of enactment of this Act, the Secretary of Energy (in this
section referred to as the ``Secretary'') shall establish a program to
provide rebates to qualified entities for expenditures made by the
qualified entity for the replacement of a qualified energy inefficient
transformer with a qualified energy efficient transformer.
(c) Requirements.--To be eligible to receive a rebate under this
section, an entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary may
require, including demonstrated evidence--
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy efficient
transformer;
(3) of the age of the qualified energy inefficient
transformer being replaced;
(4) of the core loss value of the qualified energy
inefficient transformer being replaced--
(A) as measured by a qualified professional or
verified by the equipment manufacturer, as applicable;
or
(B) <<NOTE: Determination. Consultation.>> for
transformers described in subsection (a)(2)(B)(i), as
selected from a table of default values as determined
[[Page 134 STAT. 2433]]
by the Secretary in consultation with applicable
industry; and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) Authorized Amount of Rebate.--The amount of a rebate provided
under this section shall be--
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500
kilovolt-amperes, twice the amount equal to the difference in
Watts between the core loss value (as measured in accordance
with paragraphs (2) and (4) of subsection (c)) of--
(A) the qualified energy inefficient transformer;
and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values by
rated transformer output, as measured in kilovolt-amperes, as
determined by the Secretary in consultation with applicable
industry.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2022 and 2023.
(f) Termination of Effectiveness.--The authority provided by this
section terminates on December 31, 2023.
SEC. 1007. <<NOTE: 42 USC 17064.>> SMART BUILDING ACCELERATION.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Program.--The term ``program'' means the Federal Smart
Building Program established under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Smart building.--The term ``smart building'' means a
building, or collection of buildings, with an energy system
that--
(A) is flexible and automated;
(B) has extensive operational monitoring and
communication connectivity, allowing remote monitoring
and analysis of all building functions;
(C) takes a systems-based approach in integrating
the overall building operations for control of energy
generation, consumption, and storage;
(D) communicates with utilities and other third-
party commercial entities, if appropriate;
(E) protects the health and safety of occupants and
workers; and
(F) incorporates cybersecurity best practices.
(5) Smart building accelerator.--The term ``smart building
accelerator'' means an initiative that is designed to
demonstrate specific innovative policies and approaches--
(A) with clear goals and a clear timeline; and
(B) that, on successful demonstration, would
accelerate investment in energy efficiency.
(b) Federal Smart Building Program.--
(1) <<NOTE: Deadline. Consultation.>> Establishment.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall, in consultation
[[Page 134 STAT. 2434]]
with the Administrator of General Services, establish a program
to be known as the ``Federal Smart Building Program''--
(A) to implement smart building technology; and
(B) to demonstrate the costs and benefits of smart
buildings.
(2) Selection.--
(A) <<NOTE: Coordination.>> In general.--The
Secretary shall coordinate the selection of not fewer
than 1 building from among each of several key Federal
agencies, as described in paragraph (4), to compose an
appropriately diverse set of smart buildings based on
size, type, and geographic location.
(B) Inclusion of commercially operated buildings.--
In making selections under subparagraph (A), the
Secretary may include buildings that are owned by the
Federal Government but are commercially operated.
(3) <<NOTE: Deadline. Evaluation. Time period.>> Targets.--
Not later than 18 months after the date of enactment of this
Act, the Secretary shall establish targets for the number of
smart buildings to be commissioned and evaluated by key Federal
agencies by 3 years and 6 years after the date of enactment of
this Act.
(4) Federal agency described.--The key Federal agencies
referred to paragraph (2)(A) shall include buildings operated
by--
(A) the Department of the Army;
(B) the Department of the Navy;
(C) the Department of the Air Force;
(D) the Department;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs; and
(G) the General Services Administration.
(5) Requirement.--In implementing the program, the Secretary
shall leverage existing financing mechanisms including energy
savings performance contracts, utility energy service contracts,
and annual appropriations.
(6) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate the
costs and benefits of the buildings selected under paragraph
(2), including an identification of--
(A) which advanced building technologies--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy
savings;
(II) increasing service performance
to building occupants;
(III) reducing environmental
impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines
to be appropriate.
(7) Awards.--The Secretary may expand awards made under the
Federal Energy Management Program and the Better Building
Challenge to recognize specific agency achievements in
accelerating the adoption of smart building technologies.
(c) Survey of Private Sector Smart Buildings.--
(1) Survey.--The Secretary shall conduct a survey of
privately owned smart buildings throughout the United States,
including commercial buildings, laboratory facilities,
hospitals,
[[Page 134 STAT. 2435]]
multifamily residential buildings, and buildings owned by
nonprofit organizations and institutions of higher education.
(2) Selection.--From among the smart buildings surveyed
under paragraph (1), the Secretary shall select not fewer than 1
building each from an appropriate range of building sizes,
types, and geographic locations.
(3) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate the
costs and benefits of the buildings selected under paragraph
(2), including an identification of--
(A) which advanced building technologies and
systems--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy
savings;
(II) increasing service performance
to building occupants;
(III) reducing environmental
impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines
to be appropriate.
(d) <<NOTE: Consultation.>> Better Building Challenge.--As part of
the Better Building Challenge of the Department, the Secretary, in
consultation with major private sector property owners, shall develop
smart building accelerators to demonstrate innovative policies and
approaches that will accelerate the transition to smart buildings in the
public, institutional, and commercial buildings sectors.
(e) Research and Development on Integrating Buildings Onto the
Electric Grid.--
(1) In general.--Subtitle B of title IV of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.)
is amended by adding at the end the following:
``SEC. 426. <<NOTE: 42 USC 17086.>> ADVANCED INTEGRATION OF
BUILDINGS ONTO THE ELECTRIC GRID.
``(a) In General.--The Secretary shall establish a program of
research, development, and demonstration to enable components of
commercial and residential buildings to serve as dynamic energy loads on
and resources for the electric grid. The program shall focus on--
``(1) developing low-cost, low power, wireless sensors to--
``(A) monitor building energy load;
``(B) forecast building energy need; and
``(C) enable building-level energy control;
``(2) developing data management capabilities and standard
communication protocols to further interoperability at the
building and grid-level;
``(3) developing advanced building-level energy management
of components through integration of smart technologies, control
systems, and data processing, to enable energy efficiency and
savings;
``(4) optimizing energy consumption at the building level to
enable grid stability and resilience;
``(5) improving visualization of behind the meter equipment
and technologies to provide better insight into the energy needs
and energy forecasts of individual buildings;
[[Page 134 STAT. 2436]]
``(6) reducing the cost of key components to accelerate the
adoption of smart building technologies;
``(7) protecting against cybersecurity threats and
addressing security vulnerabilities of building systems or
equipment; and
``(8) other areas determined appropriate by the Secretary.
``(b) Considerations.--In carrying out the program under subsection
(a), the Secretary shall--
``(1) work with utility partners, building owners,
technology vendors, and building developers to test and validate
technologies and encourage the commercial application of these
technologies by building owners; and
``(2) consider the specific challenges of enabling greater
interaction between components of--
``(A) small- and medium-sized buildings and the
electric grid; and
``(B) residential and commercial buildings and the
electric grid.
``(c) Buildings-to-grid Integration Report.--Not later than 1 year
after the enactment of this section, the Secretary shall submit to the
Committee on Science, Space, and Technology and the Committee on Energy
and Commerce of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the results of a study
that examines the research, development, and demonstration
opportunities, challenges, and standards needed to enable components of
commercial and residential buildings to serve as dynamic energy loads on
and resources for the electric grid.
``(1) <<NOTE: Assessments.>> Report requirements.--The
report shall include--
``(A) an assessment of the technologies needed to
enable building components as dynamic loads on and
resources for the electric grid, including how such
technologies can be--
``(i) incorporated into new commercial and
residential buildings; and
``(ii) retrofitted in older buildings;
``(B) <<NOTE: Guidelines.>> guidelines for the
design of new buildings and building components to
enable modern grid interactivity and improve energy
efficiency;
``(C) an assessment of barriers to the adoption by
building owners of advanced technologies enabling
greater integration of building components onto the
electric grid; and
``(D) an assessment of the feasibility of adopting
technologies developed under subsection (a) at
Department facilities.
``(2) <<NOTE: Time period.>> Recommendations.--As part of
the report, the Secretary shall develop a 10-year roadmap to
guide the research, development, and demonstration program to
enable components of commercial and residential buildings to
serve as dynamic energy loads on and resources for the electric
grid.
``(3) <<NOTE: Time period.>> Updates.--The Secretary shall
update the report required under this section every 3 years for
the duration of the program under subsection (a) and shall
submit the updated report to the Committee on Science, Space,
and Technology and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
[[Page 134 STAT. 2437]]
``(d) Program Implementation.--In carrying out this section, the
Secretary shall--
``(1) implement the recommendations from the report in
subsection (c); and
``(2) <<NOTE: Coordination.>> coordinate across all
relevant program offices at the Department to achieve the goals
established in this section, including the Office of
Electricity.''.
(2) Conforming amendment.--The table of contents for the
Energy Independence and Security Act of 2007 is amended by
adding after the item relating to section 425 the following:
``Sec. 426. Advanced integration of buildings onto the electric grid.''.
(f) <<NOTE: Time period.>> Report.--Not later than 2 years after
the date of enactment of this Act, and every 2 years thereafter until a
total of 3 reports have been made, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce and the Committee on Science, Space,
and Technology of the House of Representatives a report on--
(1) the establishment of the Federal Smart Building Program
and the evaluation of Federal smart buildings under subsection
(b);
(2) <<NOTE: Survey. Evaluation.>> the survey and evaluation
of private sector smart buildings under subsection (c); and
(3) <<NOTE: Recommenda- tion.>> any recommendations of the
Secretary to further accelerate the transition to smart
buildings.
SEC. 1008. MODIFICATIONS TO THE CEILING FAN ENERGY CONSERVATION
STANDARD.
(a) In General.--Section 325(ff)(6) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by adding at the end
the following:
``(C)(i) <<NOTE: Manufactured date.>> Large-diameter ceiling fans
manufactured on or after January 21, 2020, shall--
``(I) not be required to meet minimum ceiling fan efficiency
in terms of ratio of the total airflow to the total power
consumption as described in the final rule titled `Energy
Conservation Program: Energy Conservation Standards for Ceiling
Fans' (82 Fed. Reg. 6826 (January 19, 2017)); and
``(II) have a CFEI greater than or equal to--
``(aa) 1.00 at high speed; and
``(bb) 1.31 at 40 percent speed or the nearest speed
that is not less than 40 percent speed.
``(ii) <<NOTE: Definition.>> For purposes of this subparagraph, the
term `CFEI' means the Fan Energy Index for large-diameter ceiling fans,
calculated in accordance with ANSI/AMCA Standard 208-18 titled
`Calculation of the Fan Energy Index', with the following modifications:
``(I) Using an Airflow Constant (Q<INF>0</INF>) of 26,500
cubic feet per minute.
``(II) Using a Pressure Constant (P<INF>0</INF>) of 0.0027
inches water gauge.
``(III) Using a Fan Efficiency Constant (h<INF>0</INF>) of
42 percent.''.
(b) <<NOTE: 42 USC 6295 note.>> Revision.--For purposes of section
325(m) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)),
the standard established in section 325(ff)(6)(C) of such Act (as added
by subsection (a) of this section) shall be treated as if such standard
was issued on January 19, 2017.
[[Page 134 STAT. 2438]]
SEC. 1009. REPORT ON ELECTROCHROMIC GLASS.
(a) Definition of Electrochromic Glass.--In this section, the term
``electrochromic glass'' means glass that uses electricity to change the
light transmittance properties of the glass to heat or cool a structure.
(b) <<NOTE: Collaboration.>> Report.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Energy, in
collaboration with the heads of other relevant agencies, shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that addresses the benefits of electrochromic glass, including
the following:
(1) Reductions in energy consumption in commercial
buildings, especially peak cooling load reduction and annual
energy bill savings.
(2) Benefits in the workplace, especially visual comfort and
employee health.
(3) Benefits of natural light in hospitals for patients and
staff, especially accelerated patient healing and recovery time.
SEC. 1010. <<NOTE: 42 USC 16183.>> ENERGY AND WATER FOR
SUSTAINABILITY.
(a) Nexus of Energy and Water for Sustainability.--
(1) Definitions.--In this section:
(A) Department.--The term ``Department'' means the
Department of Energy.
(B) Energy-water nexus.--The term ``energy-water
nexus'' means the links between--
(i) the water needed to produce fuels,
electricity, and other forms of energy; and
(ii) the energy needed to transport, reclaim,
and treat water and wastewater.
(C) Interagency rd&d coordination committee.--The
term ``Interagency RD&D Coordination Committee'' means
the Interagency RD&D Coordination Committee on the Nexus
of Energy and Water for Sustainability (or the ``NEWS
RD&D Committee'') established under paragraph (3)(A).
(D) Nexus of energy and water sustainability rd&d
office; news rd&d office.--The term ``Nexus of Energy
and Water Sustainability RD&D Office'' or the ``NEWS
RD&D Office'' means an office located at the Department
and managed in cooperation with the Department of the
Interior pursuant to an agreement between the 2 agencies
to carry out leadership and administrative functions for
the Interagency RD&D Coordination Committee.
(E) RD&D.--The term ``RD&D'' means research,
development, and demonstration.
(F) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Statement of policy.--Recognizing States' primacy over
allocation and administration of water resources (except in
specific instances where preempted under Federal law) and the
siting of energy infrastructure within State boundaries on non-
Federal lands, it is the national policy that the Federal
government, in all energy-water nexus management activities,
shall maximize coordination and consultation among Federal
[[Page 134 STAT. 2439]]
agencies and with State and local governments, and disseminate
information to the public in the most effective manner.
(3) Interagency rd&d coordination committee.--
(A) <<NOTE: Deadline.>> Establishment.--Not later
than 180 days after the date of enactment of this Act,
the Secretary and the Secretary of the Interior shall
establish the joint NEWS RD&D Office and Interagency
RD&D Coordination Committee on the Nexus of Energy and
Water for Sustainability (or the ``NEWS RD&D
Committee'') to carry out the duties described in
subparagraph (C).
(B) Administration.--
(i) Chairs.--The Secretary and the Secretary
of the Interior shall jointly manage the NEWS RD&D
Office and serve as co-chairs of the Interagency
RD&D Coordination Committee.
(ii) Membership; staffing.--Membership and
staffing shall be determined by the co-chairs.
(C) Duties.--The Interagency RD&D Coordination
Committee shall--
(i) serve as a forum for developing common
Federal goals and plans on energy-water nexus RD&D
activities, in coordination with the National
Science and Technology Council;
(ii) <<NOTE: Deadline. Strategic
plan. Consultation.>> not later than 1 year after
the date of enactment of this Act, and biennially
thereafter, issue a strategic plan on energy-water
nexus RD&D activities, priorities, and objectives
pursuant to subparagraph (D), which shall be
developed in consultation with relevant State and
local governments;
(iii) convene and promote coordination of RD&D
activities of relevant Federal departments and
agencies on energy-water nexus;
(iv)(I) coordinate and develop capabilities
and methodologies related to RD&D activities for
data collection, data communication protocols
(including models and modeling results), data
management, and dissemination of validated data
and results related to energy-water nexus RD&D
activities to requesting Federal departments and
agencies; and
(II) promote information exchange between
Federal departments and agencies--
(aa) to identify and document
Federal and non-Federal RD&D programs
and funding opportunities that support
basic and applied RD&D proposals to
advance energy-water nexus related
science and technologies;
(bb) to leverage existing RD&D
programs by encouraging joint
solicitations, block grants, and
matching programs with non-Federal
entities; and
(cc) to identify opportunities for
domestic and international public-
private partnerships, innovative
financing mechanisms, and information
and data exchange with respect to RD&D
activities;
(v) identify ways to leverage existing RD&D
programs, including programs at the State and
local level;
(vi) make publicly available the results of
RD&D activities on the energy water nexus;
[[Page 134 STAT. 2440]]
(vii) with regard to RD&D programs, recommend
improvements and best practices for the collection
and dissemination of federal water use data and
the use of monitoring networks; and
(viii) promote coordination on RD&D with non-
Federal interests by--
(I) consulting with representatives
of research and academic institutions,
State, local, and Tribal governments,
public utility commissions, and
industry, who have expertise in
technologies, technological innovations,
or practices relating to the energy-
water nexus; and
(II) considering conducting
technical workshops.
(D) Strategic plan.--In developing the strategic
plan pursuant to (C)(ii), the Interagency RD&D
Coordination Committee shall--
(i) to the maximum extent possible, avoid
duplication with other Federal RD&D programs, and
projects, including with those of the National
Laboratories;
(ii) consider inclusion of specific research,
development and demonstration needs, including--
(I) innovative practices,
technologies and other advancements
improving water efficiency, treatment,
recovery, or reuse associated with
energy generation, including cooling,
and fuel production;
(II) innovative practices,
technologies and other advancements
associated with energy use in water
collection, supply, delivery,
distribution, treatment, or reuse;
(III) innovative practices,
technologies and other advancements
associated with generation or production
of energy from water or wastewater
systems; and
(IV) modeling and systems analysis
related to energy-water nexus; and
(iii) submit the plan to the Committee on
Energy and Natural Resources of the Senate and the
Committees on Science, Space, and Technology,
Energy and Commerce, and Natural Resources of the
House of Representatives.
(E) Rules of construction.--
(i) Nothing in this section grants to the
Interagency RD&D Coordination Committee the
authority to promulgate regulations or set
standards.
(ii) Notwithstanding any other provision of
law, nothing in this section shall be construed to
require State, Tribal, or local governments to
take any action that may result in an increased
financial burden to such governments.
(F) <<NOTE: Consultation. Coordination.>>
Additional participation.--In developing the strategic
plan described in subparagraph (C)(ii), the Secretary
shall consult and coordinate with a diverse group of
representatives from research and academic institutions,
industry, public utility commissions, and State and
local governments who have expertise in technologies and
practices relating to the energy-water nexus.
[[Page 134 STAT. 2441]]
(G) <<NOTE: Time period.>> Review; report.--At the
end of the 5-year period beginning on the date on which
the Interagency RD&D Coordination Committee and NEWS
RD&D Office are established, the NEWS RD&D Office
shall--
(i) review the activities, relevance, and
effectiveness of the Interagency RD&D Coordination
Committee; and
(ii) submit to the Committee on Energy and
Natural Resources of the Senate and the Committees
on Science, Space, and Technology, Energy and
Commerce, and Natural Resources of the House of
Representatives a report that--
(I) describes the results of the
review conducted under clause (i); and
(II) <<NOTE: Recommenda- tion.>>
includes a recommendation on whether the
Interagency RD&D Coordination Committee
should continue.
(4) <<NOTE: Deadline.>> Crosscut budget.--Not later than 30
days after the President submits the budget of the United States
Government under section 1105 of title 31, United States Code,
the co-chairs of the Interagency RD&D Coordination Committee
(acting through the NEWS RD&D Office) shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committees on Science, Space, and Technology, Energy and
Commerce, and Natural Resources of the House of Representatives,
an interagency budget crosscut report that displays at the
program-, project-, and activity-level for each of the Federal
agencies that carry out or support (including through grants,
contracts, interagency and intraagency transfers, and multiyear
and no-year funds) basic and applied RD&D activities to advance
the energy-water nexus related science and technologies,
including--
(A) the budget proposed in the budget request of the
President for the upcoming fiscal year;
(B) expenditures and obligations for the prior
fiscal year; and
(C) estimated expenditures and obligations for the
current fiscal year.
(5) Termination.--
(A) In general.--The authority provided to the NEWS
RD&D Office and NEWS RD&D Committee under this
subsection shall terminate on the date that is 7 years
after the date of enactment of this Act.
(B) Effect.--The termination of authority under
subparagraph (A) shall not affect ongoing interagency
planning, coordination, or other RD&D activities
relating to the energy-water nexus.
(b) Integrating Energy and Water Research.--The Secretary shall
integrate the following considerations into energy RD&D programs and
projects of the Department by--
(1) advancing RD&D for energy and energy efficiency
technologies and practices that meet the objectives of--
(A) minimizing freshwater withdrawal and
consumption;
(B) increasing water use efficiency; and
(C) utilizing nontraditional water sources;
[[Page 134 STAT. 2442]]
(2) considering the effects climate variability may have on
water supplies and quality for energy generation and fuel
production; and
(3) improving understanding of the energy-water nexus (as
defined in subsection (a)(1)).
(c) Additional Activities.--The Secretary may provide for such
additional RD&D activities as appropriate to integrate the
considerations described in subsection (b) into the RD&D activities of
the Department.
SEC. 1011. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Reauthorization of Weatherization Assistance Program.--Section
422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is
amended by striking paragraphs (1) through (5) and inserting the
following:
``(1) $330,000,000 for fiscal year 2021; and
``(2) $350,000,000 for each of fiscal years 2022 through
2025.''.
(b) Modernizing the Definition of Weatherization Materials.--Section
412(9)(J) of the Energy Conservation and Production Act (42 U.S.C.
6862(9)(J)) is amended--
(1) by inserting ``, including renewable energy technologies
and other advanced technologies,'' after ``devices or
technologies''; and
(2) by striking ``, the Secretary of Agriculture, and the
Director of the Community Services Administration''.
(c) Consideration of Health Benefits.--Section 413(b) of the Energy
Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
(1) in paragraph (3)--
(A) by striking ``and with the Director of the
Community Services Administration'';
(B) by inserting ``and by'' after ``in carrying out
this part,''; and
(C) by striking ``, and the Director of the
Community Services Administration in carrying out
weatherization programs under section 222(a)(12) of the
Economic Opportunity Act of 1964'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(3) by inserting after paragraph (3), the following:
``(4) The Secretary may amend the regulations prescribed under
paragraph (1) to provide that the standards described in paragraph
(2)(A) take into consideration improvements in the health and safety of
occupants of dwelling units, and other non-energy benefits, from
weatherization.''.
(d) Contractor Optimization.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414B (42 U.S.C. 6864b) the
following:
``SEC. <<NOTE: 42 USC 6864c.>> 414C. CONTRACTOR OPTIMIZATION.
``(a) In General.--The Secretary may request that entities receiving
funding from the Federal Government or from a State through a
weatherization assistance program under section 413 or section 414
perform periodic reviews of the use of private contractors in the
provision of weatherization assistance, and encourage expanded use of
contractors as appropriate.
[[Page 134 STAT. 2443]]
``(b) Use of Training Funds.--Entities described in subsection (a)
may use funding described in such subsection to train private, non-
Federal entities that are contracted to provide weatherization
assistance under a weatherization program, in accordance with rules
determined by the Secretary.''.
(2) Table of contents amendment.--The table of contents for
the Energy Conservation and Production Act is amended by
inserting after the item relating to section 414B the following:
``Sec. 414C. Contractor optimization.''.
(e) Financial Assistance for Wap Enhancement and Innovation.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414C (as added by
subsection (d) of this section) the following:
``SEC. 414D. <<NOTE: 42 USC 6864d.>> FINANCIAL ASSISTANCE FOR WAP
ENHANCEMENT AND INNOVATION.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of dwelling units that are
occupied by low-income persons that receive weatherization
assistance by making such dwelling units weatherization-ready;
``(2) to promote the deployment of renewable energy in
dwelling units that are occupied by low-income persons;
``(3) to ensure healthy indoor environments by enhancing or
expanding health and safety measures and resources available to
dwellings that are occupied by low-income persons;
``(4) to disseminate new methods and best practices among
entities providing weatherization assistance; and
``(5) to encourage entities providing weatherization
assistance to hire and retain employees who are individuals--
``(A) from the community in which the assistance is
provided; and
``(B) from communities or groups that are
underrepresented in the home energy performance
workforce, including religious and ethnic minorities,
women, veterans, individuals with disabilities, and
individuals who are socioeconomically disadvantaged.
``(b) Financial Assistance.--The Secretary shall, to the extent
funds are made available, award financial assistance, on an annual
basis, through a competitive process to entities receiving funding from
the Federal Government or from a State, tribal organization, or unit of
general purpose local government through a weatherization program under
section 413 or section 414, or to nonprofit entities, to be used by such
an entity--
``(1) with respect to dwelling units that are occupied by
low-income persons, to--
``(A) implement measures to make such dwelling units
weatherization-ready by addressing structural, plumbing,
roofing, and electrical issues, environmental hazards,
or other measures that the Secretary determines to be
appropriate;
``(B) install energy efficiency technologies,
including home energy management systems, smart devices,
and other technologies the Secretary determines to be
appropriate;
[[Page 134 STAT. 2444]]
``(C) install renewable energy systems (as defined
in section 415(c)(6)(A)); and
``(D) implement measures to ensure healthy indoor
environments by improving indoor air quality,
accessibility, and other healthy homes measures as
determined by the Secretary;
``(2) to improve the capability of the entity--
``(A) to significantly increase the number of energy
retrofits performed by such entity;
``(B) to replicate best practices for work performed
pursuant to this section on a larger scale;
``(C) to leverage additional funds to sustain the
provision of weatherization assistance and other work
performed pursuant to this section after financial
assistance awarded under this section is expended; and
``(D) to hire and retain employees who are
individuals described subsection (a)(5);
``(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and other
assistance available pursuant to this section;
``(4) for quality control of work performed pursuant to this
section;
``(5) for data collection, measurement, and verification
with respect to such work;
``(6) for program monitoring, oversight, evaluation, and
reporting regarding such work;
``(7) for labor, training, and technical assistance relating
to such work;
``(8) for planning, management, and administration (up to a
maximum of 15 percent of the assistance provided); and
``(9) for such other activities as the Secretary determines
to be appropriate.
``(c) Award Factors.--In awarding financial assistance under this
section, the Secretary shall consider--
``(1) the applicant's record of constructing, renovating,
repairing, or making energy efficient single-family,
multifamily, or manufactured homes that are occupied by low-
income persons, either directly or through affiliates, chapters,
or other partners (using the most recent year for which data are
available);
``(2) the number of dwelling units occupied by low-income
persons that the applicant has built, renovated, repaired,
weatherized, or made more energy efficient in the 5 years
preceding the date of the application;
``(3) the qualifications, experience, and past performance
of the applicant, including experience successfully managing and
administering Federal funds;
``(4) the strength of an applicant's proposal to achieve one
or more of the purposes under subsection (a);
``(5) the extent to which such applicant will utilize
partnerships and regional coordination to achieve one or more of
the purposes under subsection (a);
``(6) regional and climate zone diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(d) Applications.--
[[Page 134 STAT. 2445]]
``(1) Administration.--To be eligible for an award of
financial assistance under this section, an applicant shall
submit to the Secretary an application in such manner and
containing such information as the Secretary may require.
``(2) <<NOTE: Deadline.>> Awards.--Subject to the
availability of appropriations, not later than 270 days after
the date of enactment of this section, the Secretary shall make
a first award of financial assistance under this section.
``(e) Maximum Amount and Term.--
``(1) In general.--The total amount of financial assistance
awarded to an entity under this section shall not exceed
$2,000,000.
``(2) Technical and training assistance.--The total amount
of financial assistance awarded to an entity under this section
shall be reduced by the cost of any technical and training
assistance provided by the Secretary that relates to such
financial assistance.
``(3) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
``(4) Relationship to formula grants.--An entity may use
financial assistance awarded to such entity under this section
in conjunction with other financial assistance provided to such
entity under this part.
``(f) <<NOTE: Deadline.>> Requirements.--Not later than 90 days
after the date of enactment of this section, the Secretary shall issue
requirements to implement this section, including, for entities
receiving financial assistance under this section--
``(1) standards for allowable expenditures;
``(2) a minimum saving-to-investment ratio; and
``(3) standards for--
``(A) training programs;
``(B) energy audits;
``(C) the provision of technical assistance;
``(D) monitoring activities carried out using such
financial assistance;
``(E) verification of energy and cost savings;
``(F) liability insurance requirements; and
``(G) recordkeeping and reporting requirements,
which shall include reporting to the Office of
Weatherization and Intergovernmental Programs of the
Department of Energy applicable data on each dwelling
unit retrofitted or otherwise assisted pursuant to this
section.
``(g) Compliance With State and Local Law.--Nothing in this section
supersedes or otherwise affects any State or local law, to the extent
that the State or local law contains a requirement that is more
stringent than the applicable requirement of this section.
``(h) Review and Evaluation.--The Secretary shall review and
evaluate the performance of each entity that receives an award of
financial assistance under this section (which may include an audit).
``(i) Annual Report.--The Secretary shall submit to Congress an
annual report that provides a description of--
``(1) actions taken under this section to achieve the
purposes of this section; and
``(2) accomplishments as a result of such actions, including
energy and cost savings achieved.
[[Page 134 STAT. 2446]]
``(j) Funding.--
``(1) Amounts.--
``(A) In general.--For each of fiscal years 2021
through 2025, of the amount made available under section
422 for such fiscal year to carry out the weatherization
program under this part (not including any of such
amount made available for Department of Energy
headquarters training or technical assistance), not more
than--
``(i) 2 percent of such amount (if such amount
is $225,000,000 or more but less than
$260,000,000) may be used to carry out this
section;
``(ii) 4 percent of such amount (if such
amount is $260,000,000 or more but less than
$300,000,000) may be used to carry out this
section; and
``(iii) 6 percent of such amount (if such
amount is $300,000,000 or more) may be used to
carry out this section.
``(B) <<NOTE: Time period.>> Minimum.--For each of
fiscal years 2021 through 2025, if the amount made
available under section 422 (not including any of such
amount made available for Department of Energy
headquarters training or technical assistance) for such
fiscal year is less than $225,000,000, no funds shall be
made available to carry out this section.
``(2) Limitation.--For any fiscal year, the Secretary may
not use more than $25,000,000 of the amount made available under
section 422 to carry out this section.
``(k) Termination.--The Secretary may not award financial assistance
under this section after September 30, 2025.''.
(2) Table of contents.--The table of contents for the Energy
Conservation and Production Act is amended by inserting after
the item relating to section 414C the following:
``Sec. 414D. Financial assistance for WAP enhancement and innovation.''.
(f) Hiring.--
(1) In general.--The Energy Conservation and Production Act
is amended by inserting after section 414D (as added by
subsection (e) of this section) the following:
``SEC. 414E. <<NOTE: 42 USC 6864e.>> HIRING.
``The <<NOTE: Determination.>> Secretary may, as the Secretary
determines appropriate, encourage entities receiving funding from the
Federal Government or from a State through a weatherization program
under section 413 or section 414, to prioritize the hiring and retention
of employees who are individuals described in section 414D(a)(5).''.
(2) Table of contents.--The table of contents for the Energy
Conservation and Production Act is amended by inserting after
the item relating to section 414D the following:
``Sec. 414E. Hiring.''.
(g) Increase in Administrative Funds.--Section 415(a)(1) of the
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is amended
by striking ``10 percent'' and inserting ``15 percent''.
(h) Amending Re-weatherization Date.--Paragraph (2) of section
415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c))
is amended to read as follows:
``(2) Dwelling units weatherized (including dwelling units partially
weatherized) under this part, or under other Federal programs
[[Page 134 STAT. 2447]]
(in this paragraph referred to as `previous weatherization'), may not
receive further financial assistance for weatherization under this part
until the date that is 15 years after the date such previous
weatherization was completed. This paragraph does not preclude dwelling
units that have received previous weatherization from receiving
assistance and services (including the provision of information and
education to assist with energy management and evaluation of the
effectiveness of installed weatherization materials) other than
weatherization under this part or under other Federal programs, or from
receiving non-Federal assistance for weatherization.''.
(i) Annual Report.--Section 421 of the Energy Conservation and
Production Act (42 U.S.C. 6871) is amended by inserting ``the number of
multifamily buildings in which individual dwelling units were
weatherized during the previous year, the number of individual dwelling
units in multifamily buildings weatherized during the previous year,''
after ``the average size of the dwellings being weatherized,''.
(j) Report on Waivers.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit to Congress
a report on the status of any request made after September 30, 2010, for
a waiver of any requirement under section 200.313 of title 2, Code of
Federal Regulations, as such requirement applies with respect to the
weatherization assistance program under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.), including a
description of any such waiver that has been granted and any such
request for a waiver that has been considered but not granted.
SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is further amended by adding at the end the following:
``(i) Federal Energy Management Program.--
``(1) In general.--The Secretary shall carry out a program,
to be known as the `Federal Energy Management Program' (referred
to in this subsection as the `Program'), to facilitate the
implementation by the Federal Government of cost-effective
energy and water management and energy-related investment
practices--
``(A) <<NOTE: Coordination.>> to coordinate and
strengthen Federal energy and water resilience; and
``(B) to promote environmental stewardship.
``(2) <<NOTE: Appointment.>> Federal director.--The
Secretary shall appoint an individual to serve as the director
of the Program (referred to in this subsection as the `Federal
Director'), which shall be a career position in the Senior
Executive service, to administer the Program.
``(3) Program activities.--
``(A) Strategic planning and technical assistance.--
In administering the Program, the Federal Director
shall--
``(i) provide technical assistance and project
implementation support and guidance to agencies to
identify, implement, procure, and track energy and
water conservation measures required under this
Act and under other provisions of law;
[[Page 134 STAT. 2448]]
``(ii) <<NOTE: Coordination.>> in
coordination with the Administrator of the General
Services Administration, establish appropriate
procedures, methods, and best practices for use by
agencies to select, monitor, and terminate
contracts entered into pursuant to a utility
incentive program under section 546(c) with
utilities;
``(iii) carry out the responsibilities of the
Secretary under section 801, as determined
appropriate by the Secretary;
``(iv) establish and maintain internet-based
information resources and project tracking systems
and tools for energy and water management;
``(v) <<NOTE: Coordination.>> coordinate
comprehensive and strategic approaches to energy
and water resilience planning for agencies; and
``(vi) establish a recognition program for
Federal achievement in energy and water
management, energy-related investment practices,
environmental stewardship, and other relevant
areas, through events such as individual
recognition award ceremonies and public
announcements.
``(B) Energy and water management and reporting.--In
administering the Program, the Federal Director shall--
``(i) track and report on the progress of
agencies in meeting the requirements of the agency
under this section;
``(ii) <<NOTE: Public information.>> make
publicly available agency performance data
required under--
``(I) this section and sections 544,
546, 547, and 548; and
``(II) section 203 of the Energy
Policy Act of 2005 (42 U.S.C. 15852);
``(iii)(I) collect energy and water use and
consumption data from each agency; and
``(II) based on that data, submit to each
agency a report that will facilitate the energy
and water management, energy-related investment
practices, and environmental stewardship of the
agency in support of Federal goals under this Act
and under other provisions of law;
``(iv) carry out the responsibilities of the
Secretary under section 305 of the Energy
Conservation and Production Act (42 U.S.C. 6834);
``(v) <<NOTE: Consultation.>> in consultation
with the Administrator of the General Services
Administration, acting through the head of the
Office of High-Performance Green Buildings,
establish and implement sustainable design
principles for Federal facilities; and
``(vi) designate products that meet the
highest energy conservation standards for
categories not covered under the Energy Star
program established under section 324A of the
Energy Policy and Conservation Act (42 U.S.C.
6294a).
``(C) Federal interagency coordination.--In
administering the Program, the Federal Director shall--
[[Page 134 STAT. 2449]]
``(i) develop and implement accredited
training consistent with existing Federal programs
and activities--
``(I) relating to energy and water
use, management, and resilience in
Federal facilities, energy-related
investment practices, and environmental
stewardship; and
``(II) that includes in-person
training, internet-based programs, and
national in-person training events;
``(ii) carry out the functions of the
Secretary with respect to the Interagency Energy
Management Task Force under section 547; and
``(iii) report on the implementation of the
priorities of the President, including Executive
orders, relating to energy and water use in
Federal facilities, in coordination with--
``(I) the Office of Management and
Budget;
``(II) the Council on Environmental
Quality; and
``(III) any other entity, as
considered necessary by the Federal
Director.
``(D) Facility and fleet optimization.--In
administering the Program, the Federal Director shall
develop guidance, supply assistance to, and track the
progress of agencies--
``(i) in conducting portfolio-wide facility
energy and water resilience planning and project
integration;
``(ii) in building new construction and major
renovations to meet the sustainable design and
energy and water performance standards required
under this section;
``(iii) in developing guidelines for--
``(I) facility commissioning; and
``(II) facility operations and
maintenance; and
``(iv) in coordination with the Administrator
of the General Services Administration, in meeting
statutory and agency goals for Federal fleet
vehicles.
``(4) <<NOTE: Establishment.>> Management council.--The
Federal Director shall establish a management council to advise
the Federal Director that shall--
``(A) convene not less frequently than once every
quarter; and
``(B) consist of representatives from--
``(i) the Council on Environmental Quality;
``(ii) the Office of Management and Budget;
and
``(iii) the Office of Federal High-Performance
Green Buildings in the General Services
Administration.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this subsection
$36,000,000 for each of fiscal years 2021 through 2025.''.
SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
(a) In General.--Section 375 of the Energy Policy and Conservation
Act (42 U.S.C. 6345) is amended to read as follows:
``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
``(a) Renaming.--
[[Page 134 STAT. 2450]]
``(1) In general.--The Clean Energy Application Centers of
the Department of Energy are redesignated as the CHP Technical
Assistance Partnership Program (referred to in this section as
the `Program').
``(2) Program description.--The Program shall consist of--
``(A) the 10 regional CHP Technical Assistance
Partnerships in existence on the date of enactment of
the Energy Act of 2020;
``(B) such other regional CHP Technical Assistance
Partnerships as the Secretary may establish with
consideration given to establishing such partnerships in
rural communities; and
``(C) any supporting technical activities under the
Technical Partnership Program of the Advanced
Manufacturing Office.
``(3) References.--Any reference in any law, rule,
regulation, or publication to a Combined Heat and Power
Application Center or a Clean Energy Application Center shall be
deemed to be a reference to the Program.
``(b) CHP Technical Assistance Partnership Program.--
``(1) In general.--The Program shall--
``(A) operate programs to encourage deployment of
combined heat and power, waste heat to power, and
efficient district energy (collectively referred to in
this subsection as `CHP') technologies by providing
education and outreach to--
``(i) building, industrial, and electric and
natural gas utility professionals;
``(ii) State and local policymakers; and
``(iii) other individuals and organizations
with an interest in efficient energy use, local or
opportunity fuel use, resiliency, or energy
security, microgrids, and district energy; and
``(B) provide project specific support to building
and industrial professionals through economic and
engineering assessments and advisory activities.
``(2) Funding for certain activities.--
``(A) In general.--The Program shall make funds
available to institutions of higher education, research
centers, and other appropriate institutions to ensure
the continued operations and effectiveness of the
regional CHP Technical Assistance Partnerships.
``(B) Use of funds.--Funds made available under
subparagraph (A) may be used--
``(i) <<NOTE: Updates. Website.>> to collect
and distribute informational materials relevant to
manufacturers, commercial buildings, institutional
facilities, and Federal sites, including continued
support of the mission goals of the Department of
Defense, on CHP and microgrid technologies,
including continuation and updating of--
``(I) the CHP installation database;
``(II) CHP technology potential
analyses;
``(III) State CHP resource pages;
and
``(IV) CHP Technical Assistance
Partnerships websites;
[[Page 134 STAT. 2451]]
``(ii) to produce and conduct workshops,
reports, seminars, internet programs, CHP
resiliency resources, and other activities to
provide education to end users, regulators, and
stakeholders in a manner that leads to the
deployment of CHP technologies;
``(iii) <<NOTE: Assessments.>> to provide or
coordinate onsite assessments for sites and
enterprises that may consider deployment of CHP
technology, including the potential use of biomass
CHP systems;
``(iv) to identify candidates for deployment
of CHP technologies, hybrid renewable-CHP
technologies, biomass CHP, microgrids, and clean
energy;
``(v) to provide nonbiased engineering support
to sites considering deployment of CHP
technologies;
``(vi) to assist organizations and
communities, including rural communities,
developing clean energy technologies and policies
in overcoming barriers to deployment; and
``(vii) to assist companies, communities
(including rural communities), and organizations
with field validation and performance evaluations
of CHP and other clean energy technologies
implemented.
``(C) Duration.--The Program shall make funds
available under subparagraph (A) for a period of 5
years.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $12,000,000 for each of fiscal
years 2021 through 2025.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy and Conservation Act is amended by striking the item relating to
section 375 and inserting the following:
``375. CHP Technical Assistance Partnership Program.''.
SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM.
(a) Smart Energy and Water Efficiency Pilot Program.--Subtitle A of
title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is
amended by adding at the end the following:
``SEC. 918. <<NOTE: 42 USC 16198.>> SMART ENERGY AND WATER
EFFICIENCY PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a utility;
``(B) a municipality;
``(C) a water district;
``(D) an Indian Tribe or Alaska Native village; and
``(E) any other authority that provides water,
wastewater, or water reuse services.
``(2) Smart energy and water efficiency pilot program.--The
term `smart energy and water efficiency pilot program' or `pilot
program' means the pilot program established under subsection
(b).
``(b) Smart Energy and Water Efficiency Pilot Program.--
``(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency pilot program in
accordance with this section.
``(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible entities
[[Page 134 STAT. 2452]]
to demonstrate unique, advanced, or innovative technology-based
solutions that will--
``(A) improve the net energy balance of water,
wastewater, and water reuse systems;
``(B) improve the net energy balance of water,
wastewater, and water reuse systems to help communities
across the United States make measurable progress in
conserving water, saving energy, and reducing costs;
``(C) support the implementation of innovative and
unique processes and the installation of established
advanced automated systems that provide real-time data
on energy and water; and
``(D) improve energy-water conservation and quality
and predictive maintenance through technologies that
utilize internet connected technologies, including
sensors, intelligent gateways, and security embedded in
hardware.
``(3) Project selection.--
``(A) In general.--The Secretary shall make
competitive, merit-reviewed grants under the pilot
program to not less than 3, but not more than 5,
eligible entities.
``(B) Selection criteria.--In selecting an eligible
entity to receive a grant under the pilot program, the
Secretary shall consider--
``(i) energy and cost savings;
``(ii) the uniqueness, commercial viability,
and reliability of the technology to be used;
``(iii) the degree to which the project
integrates next-generation sensors software,
analytics, and management tools;
``(iv) the anticipated cost-effectiveness of
the pilot project through measurable energy
savings, water savings or reuse, and
infrastructure costs averted;
``(v) whether the technology can be deployed
in a variety of geographic regions and the degree
to which the technology can be implemented in a
wide range of applications ranging in scale from
small towns to large cities, including Tribal
communities;
``(vi) whether the technology has been
successfully deployed elsewhere;
``(vii) whether the technology was sourced
from a manufacturer based in the United States;
and
``(viii) whether the project will be completed
in 5 years or less.
``(C) Applications.--
``(i) <<NOTE: Determination.>> In general.--
Subject to clause (ii), an eligible entity seeking
a grant under the pilot program shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary determines to be necessary.
``(ii) Contents.--An application under clause
(i) shall, at a minimum, include--
``(I) a description of the project;
``(II) a description of the
technology to be used in the project;
``(III) the anticipated results,
including energy and water savings, of
the project;
``(IV) a comprehensive budget for
the project;
[[Page 134 STAT. 2453]]
``(V) the names of the project lead
organization and any partners;
``(VI) the number of users to be
served by the project;
``(VII) a description of the ways in
which the proposal would meet
performance measures established by the
Secretary; and
``(VIII) <<NOTE: Determination.>>
any other information that the Secretary
determines to be necessary to complete
the review and selection of a grant
recipient.
``(4) Administration.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 1 year after the date of enactment of this section,
the Secretary shall select grant recipients under this
section.
``(B) Evaluations.--
``(i) Annual evaluations.--The Secretary shall
annually carry out an evaluation of each project
for which a grant is provided under this section
that meets performance measures and benchmarks
developed by the Secretary, consistent with the
purposes of this section.
``(ii) Requirements.--Consistent with the
performance measures and benchmarks developed
under clause (i), in carrying out an evaluation
under that clause, the Secretary shall--
``(I) evaluate the progress and
impact of the project; and
``(II) assess the degree to which
the project is meeting the goals of the
pilot program.
``(C) Technical and policy assistance.--On the
request of a grant recipient, the Secretary shall
provide technical and policy assistance.
``(D) <<NOTE: Public information. Internet.>> Best
practices.--The Secretary shall make available to the
public through the Internet and other means the
Secretary considers to be appropriate--
``(i) <<NOTE: Records.>> a copy of each
evaluation carried out under subparagraph (B); and
``(ii) a description of any best practices
identified by the Secretary as a result of those
evaluations.
``(E) Report to congress.--The Secretary shall
submit to Congress a report containing the results of
each evaluation carried out under subparagraph (B).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $15,000,000, to
remain available until expended.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by
inserting after the item relating to section 917 the following:
``Sec. 918. Smart energy and water efficiency pilot program.''.
TITLE II--NUCLEAR
SEC. 2001. <<NOTE: 42 USC 16281.>> ADVANCED NUCLEAR FUEL
AVAILABILITY.
(a) Program.--
[[Page 134 STAT. 2454]]
(1) Establishment.--The Secretary shall establish and carry
out, through the Office of Nuclear Energy, a program to support
the availability of HA-LEU for civilian domestic research,
development, demonstration, and commercial use.
(2) Program elements.--In carrying out the program under
paragraph (1), the Secretary--
(A) <<NOTE: Consultation.>> shall develop, in
consultation with the Commission, criticality benchmark
data to assist the Commission in--
(i) the licensing and regulation of special
nuclear material fuel fabrication and enrichment
facilities under part 70 of title 10, Code of
Federal Regulations; and
(ii) certification of transportation packages
under part 71 of title 10, Code of Federal
Regulations;
(B) <<NOTE: Research and development.>> shall
conduct research and development, and provide financial
assistance to assist commercial entities, to design and
license transportation packages for HA-LEU, including
canisters for metal, gas, and other HA-LEU compositions;
(C) <<NOTE: Deadlines.>> shall, to the extent
practicable--
(i) by January 1, 2024, support commercial
entity submission of such transportation package
designs to the Commission for certification by the
Commission under part 71 of title 10, Code of
Federal Regulations; and
(ii) encourage the Commission to have such
transportation package designs so certified by the
Commission within 24 months after receipt of an
application;
(D) shall consider options for acquiring or
providing HA-LEU from a stockpile of uranium owned by
the Department, or using enrichment technology, to make
available to members of the consortium established
pursuant to subparagraph (F) for commercial use or
demonstration projects, taking into account cost and
amount of time required, and prioritizing methods that
would produce usable HA-LEU the quickest, including
options for acquiring or providing HA-LEU--
(i) that--
(I) directly meets the needs of an
end user; and
(II) has been previously used or
fabricated for another purpose;
(ii) that meets the needs of an end user after
having radioactive or other contaminants that
resulted from a previous use or fabrication of the
fuel for research, development, demonstration, or
deployment activities of the Department removed;
(iii) that is produced from high-enriched
uranium that is blended with lower assay uranium
to become HA-LEU to meet the needs of an end user;
(iv) that is produced by Department research,
development, and demonstration activities;
(v) that is produced in the United States by--
(I) a United States-owned commercial
entity operating United States-origin
technology;
[[Page 134 STAT. 2455]]
(II) a United States-owned
commercial entity operating a foreign-
origin technology; or
(III) a foreign-owned entity
operating a foreign-origin technology;
(vi) that does not require extraction of
uranium or development of uranium from lands
managed by the Federal Government, cause harm to
the natural or cultural resources of Tribal
communities or sovereign Native Nations, or result
in degraded ground or surface water quality on
publicly managed or privately owned lands; or
(vii) that does not negatively impact the
availability of HA-LEU by the Department to
support the production of medical isotopes,
including the medical isotopes defined under the
American Medical Isotopes Production Act of 2012
(Public Law 112-239; 126 Stat. 2211);
(E) <<NOTE: Deadline. Time periods. Survey.>> not
later than 1 year after the date of enactment of this
Act, and biennially thereafter, shall conduct a survey
of stakeholders to estimate the quantity of HA-LEU
necessary for domestic commercial use for each of the 5
subsequent years;
(F) <<NOTE: Updates.>> shall establish, and from
time to time update, a consortium, which may include
entities involved in any stage of the nuclear fuel
cycle, to partner with the Department to support the
availability of HA-LEU for civilian domestic
demonstration and commercial use, including by--
(i) providing information to the Secretary for
purposes of surveys conducted under subparagraph
(E);
(ii) purchasing HA-LEU made available by the
Secretary to members of the consortium for
commercial use under the program; and
(iii) carrying out demonstration projects
using HA-LEU provided by the Secretary under the
program;
(G) <<NOTE: Coordination.>> if applicable, shall,
prior to acquiring or providing HA-LEU under
subparagraph (H), in coordination with the consortium
established pursuant to subparagraph (F), develop a
schedule for cost recovery of HA-LEU made available to
members of the consortium using HA-LEU for commercial
use pursuant to subparagraph (H);
(H) <<NOTE: Deadlines.>> shall, beginning not later
than 3 years after the establishment of a consortium
under subparagraph (F), have the capability to acquire
or provide HA-LEU, in order to make such HA-LEU
available to members of the consortium beginning not
later than January 1, 2026, in amounts that are
consistent, to the extent practicable, with--
(i) the quantities estimated under the surveys
conducted under subparagraph (E); plus
(ii) the quantities necessary for
demonstration projects carried out under the
program, as determined by the Secretary;
(I) shall, for advanced reactor demonstration
projects, prioritize the provision of HA-LEU made
available under this section through a merit-based,
competitive selection process; and
(J) shall seek to ensure that the activities carried
out under this section do not cause any delay in the
progress
[[Page 134 STAT. 2456]]
of any HA-LEU project between private industry and the
Department that is underway as of the date of the
enactment of this section.
(3) Applicability of usec privatization act.--
(A) Sale or transfer to consortium.--The
requirements of section 3112 of the USEC Privatization
Act (42 U.S.C. 2297h-10), except for the requirements of
subparagraph (A) of section 3112(d)(2), shall not apply
to the provision of enrichment services, or the sale or
transfer of HA-LEU for commercial use by the Secretary
to a member of the consortium under this subsection.
(B) Demonstration.--HA-LEU made available to members
of the consortium established pursuant to paragraph
(2)(F) for demonstration projects shall remain the
property of and title will remain with the Department,
which shall be responsible for the storage, use, and
disposition of all radioactive waste and spent nuclear
fuel created by the irradiation, processing, or
purification of such uranium, and shall not be subject
to the requirements of a sale or transfer of uranium
under sections 3112, except for the requirements of
subparagraph (A) of section 3112(d)(2), and 3113 of the
USEC Privatization Act (42 U.S.C. 2297h-10; 42 U.S.C.
2297h-11).
(4) <<NOTE: President. Determinations.>> National security
needs.--The Secretary shall only make available to a member of
the consortium under this section for commercial or
demonstration project use material that the President has
determined is not necessary for national security needs,
provided that this available material shall not include any
material that the Secretary may determine to be necessary for
the National Nuclear Security Administration or other critical
Departmental missions.
(5) DOE acquisition of ha-leu.--The Secretary may not make
commitments under this section (including cooperative agreements
(used in accordance with section 6305 of title 31, United States
Code), purchase agreements, guarantees, leases, service
contracts, or any other type of commitment) for the purchase or
other acquisition of HA-LEU unless--
(A) funds are specifically provided for such
purposes in advance in subsequent appropriations Acts,
and only to the extent that the full extent of
anticipated costs stemming from such commitments is
recorded as an obligation up front and in full at the
time it is made; or
(B) such committing agreement includes a clause
conditioning the Federal Government's obligation on the
availability of future year appropriations.
(6) Sunset.--The authority of the Secretary to carry out the
program under this subsection shall expire on the earlier of--
(A) September 30, 2034; or
(B) 90 days after the date on which HA-LEU is
available to provide a reliable and adequate supply for
civilian domestic advanced nuclear reactors in the
commercial market.
(7) Limitation.--The Secretary shall not barter or otherwise
sell or transfer uranium in any form in exchange for services
relating to the final disposition of radioactive waste from
uranium that is made available under this subsection.
[[Page 134 STAT. 2457]]
(b) Reports to Congress.--
(1) Commission report on necessary regulatory updates.--Not
later than 12 months after the date of enactment of this Act,
the Commission shall submit to Congress a report that includes--
(A) identification of updates to regulations,
certifications, and other regulatory policies that the
Commission determines are necessary in order for HA-LEU
to be commercially available, including--
(i) guidance for material control and
accountability of special nuclear material;
(ii) certifications relating to transportation
packaging for HA-LEU; and
(iii) licensing of enrichment, conversion, and
fuel fabrication facilities for HA-LEU, and
associated physical security plans for such
facilities;
(B) a description of such updates; and
(C) <<NOTE: Timeline.>> a timeline to complete such
updates.
(2) DOE report on program to support the availability of ha-
leu for civilian domestic demonstration and commercial use.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to Congress a report that describes actions
proposed to be carried out by the Secretary under the
program described in subsection (a)(1).
(B) <<NOTE: Consultation.>> Coordination and
stakeholder input.--In developing the report under this
paragraph, the Secretary shall consult with--
(i) the Commission;
(ii) suppliers of medical isotopes that have
converted their operations to use HA-LEU;
(iii) the National Laboratories;
(iv) institutions of higher education;
(v) a diverse group of entities from the
nuclear energy industry;
(vi) a diverse group of technology developers;
(vii) experts in nuclear nonproliferation,
environmental safety, safeguards and security, and
public health and safety; and
(viii) members of the consortium created under
subsection (a)(2)(F).
(C) Cost and schedule estimates.--The report under
this paragraph shall include estimated costs, budgets,
and timeframes for all activities carried out under this
section.
(D) Required evaluations.--The report under this
paragraph shall evaluate--
(i) the actions required to establish and
carry out the program under subsection (a)(1) and
the cost of such actions, including with respect
to--
(I) proposed preliminary terms for
contracting between the Department and
recipients of HA-LEU under the program
(including guidelines defining the roles
and responsibilities between the
Department and the recipient); and
(II) the potential to coordinate
with recipients of HA-LEU under the
program regarding--
[[Page 134 STAT. 2458]]
(aa) fuel fabrication; and
(bb) fuel transport;
(ii) the potential sources and fuel forms
available to provide uranium for the program under
subsection (a)(1);
(iii) options to coordinate the program under
subsection (a)(1) with the operation of the
versatile, reactor-based fast neutron source under
section 959A of the Energy Policy Act of 2005 (as
added by section 2003);
(iv) the ability of uranium producers to
provide materials for advanced nuclear reactor
fuel;
(v) any associated legal, regulatory, and
policy issues that should be addressed to enable--
(I) implementation of the program
under subsection (a)(1); and
(II) the establishment of an
industry capable of providing HA-LEU;
and
(vi) any research and development plans to
develop criticality benchmark data under
subsection (a)(2)(A), if needed.
(3) <<NOTE: Consultation.>> Alternate fuels report.--Not
later than 180 days after the date of enactment of this Act, the
Secretary shall, after consulting with relevant entities,
including National Laboratories, institutions of higher
education, and technology developers, submit to Congress a
report identifying any and all options for providing nuclear
material, containing isotopes other than the uranium-235
isotope, such as uranium-233 and thorium-232 to be used as fuel
for advanced nuclear reactor research, development,
demonstration, or commercial application purposes.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out research, development, demonstration, and
transportation activities in this section--
(1) $31,500,000 for fiscal year 2021;
(2) $33,075,000 for fiscal year 2022;
(3) $34,728,750 for fiscal year 2023;
(4) $36,465,188 for fiscal year 2024; and
(5) $38,288,447 for fiscal year 2025.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Demonstration project.--The term ``demonstration
project'' has the meaning given such term in section 959A of the
Energy Policy Act of 2005.
(3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
enriched uranium.
(4) High-assay low-enriched uranium.--The term ``high-assay
low-enriched uranium'' means uranium having an assay greater
than 5.0 weight percent and less than 20.0 weight percent of the
uranium-235 isotope.
(5) High-enriched uranium.--The term ``high-enriched
uranium'' means uranium with an assay of 20.0 weight percent or
more of the uranium-235 isotope.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
[[Page 134 STAT. 2459]]
SEC. 2002. AMENDMENTS TO DEFINITIONS IN ENERGY POLICY ACT OF 2005.
Section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16271(b)(1)) is amended to read as follows:
``(1) <<NOTE: Definition.>> Advanced nuclear reactor.--The
term `advanced nuclear reactor' means--
``(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1 of
title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared to
reactors operating on the date of enactment of the
Energy Act of 2020, including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel and material
performance;
``(iv) increased tolerance to loss of fuel
cooling;
``(v) enhanced reliability or improved
resilience;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling water
and other environmental impacts;
``(ix) the ability to integrate into electric
applications and nonelectric applications;
``(x) modular sizes to allow for deployment
that corresponds with the demand for electricity
or process heat; and
``(xi) operational flexibility to respond to
changes in demand for electricity or process heat
and to complement integration with intermittent
renewable energy or energy storage; and
``(B) a fusion reactor.''.
SEC. 2003. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND COMMERCIAL APPLICATION PROGRAMS.
(a) Reactor Concepts Research, Development, and Demonstration.--
Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
amended to read as follows:
``SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND COMMERCIAL APPLICATION.
``(a) Sustainability Program for Light Water Reactors.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application, including through the use of modeling and
simulation, to support existing operating nuclear power plants
which shall address technologies to modernize and improve, with
respect to such plants--
``(A) reliability;
``(B) capacity;
``(C) component aging;
``(D) safety;
``(E) physical security and security costs;
``(F) plant lifetime;
``(G) operations and maintenance costs, including by
utilizing risk-informed systems analysis;
``(H) the ability for plants to operate flexibly;
[[Page 134 STAT. 2460]]
``(I) nuclear integrated energy system applications
described in subsection (c);
``(J) efficiency;
``(K) environmental impacts; and
``(L) resilience.
``(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this subsection $55,000,000 for each of fiscal years 2021
through 2025.
``(3) <<NOTE: Public information.>> Report.--The Secretary
shall submit annually a public report to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
documenting funds spent under the program that describes program
activities, objectives, and outcomes, including those that could
benefit the entirety of the existing reactor fleet, such as with
respect to aging management and related sustainability concerns,
and identifying funds awarded to private entities.
``(b) Advanced Reactor Technologies.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to support advanced reactor technologies.
``(2) Requirements.--In carrying out the program under this
subsection, the Secretary shall--
``(A) prioritize designs for advanced nuclear
reactors that are proliferation resistant and passively
safe, including designs that, compared to reactors
operating on the date of enactment of the Energy Act of
2020--
``(i) are economically competitive with other
electric power generation plants;
``(ii) have higher efficiency, lower cost,
less environmental impacts, increased resilience,
and improved safety;
``(iii) use fuels that are proliferation
resistant and have reduced production of high-
level waste per unit of output; and
``(iv) use advanced instrumentation and
monitoring systems;
``(B) <<NOTE: Consultation.>> consult with the
Nuclear Regulatory Commission on appropriate metrics to
consider for the criteria specified in subparagraph (A);
``(C) support research and development to resolve
materials challenges relating to extreme environments,
including environments that contain high levels of--
``(i) radiation fluence;
``(ii) temperature;
``(iii) pressure; and
``(iv) corrosion;
``(D) support research and development to aid in the
qualification of advanced fuels, including fabrication
techniques;
``(E) support activities that address near-term
challenges in modeling and simulation to enable
accelerated design of and licensing of advanced nuclear
reactors, including the identification of tools and
methodologies for validating such modeling and
simulation efforts;
[[Page 134 STAT. 2461]]
``(F) develop technologies, including technologies
to manage, reduce, or reuse nuclear waste;
``(G) ensure that nuclear research infrastructure is
maintained or constructed, including--
``(i) currently operational research reactors
at the National Laboratories and institutions of
higher education;
``(ii) hot cell research facilities;
``(iii) a versatile fast neutron source; and
``(iv) advanced coolant testing facilities,
including coolants such as lead, sodium, gas, and
molten salt;
``(H) improve scientific understanding of nonlight
water coolant physics and chemistry;
``(I) develop advanced sensors and control systems,
including the identification of tools and methodologies
for validating such sensors and systems;
``(J) investigate advanced manufacturing and
advanced construction techniques and materials to reduce
the cost of advanced nuclear reactors, including the use
of digital twins and of strategies to implement project
and construction management best practices, and study
the effects of radiation and corrosion on materials
created with these techniques;
``(K) <<NOTE: Consultation.>> consult with the
Administrator of the National Nuclear Security
Administration to integrate reactor safeguards and
security into design;
``(L) support efforts to reduce any technical
barriers that would prevent commercial application of
advanced nuclear energy systems; and
``(M) <<NOTE: Analyses.>> develop various safety
analyses and emergency preparedness and response
methodologies.
``(3) Coordination.--The Secretary shall coordinate with
individuals engaged in the private sector and individuals who
are experts in nuclear nonproliferation, environmental and
public health and safety, and economics to advance the
development of various designs of advanced nuclear
reactors. <<NOTE: Convene.>> In carrying out this paragraph,
the Secretary shall convene an advisory committee of such
individuals and such committee shall submit annually a report to
the relevant committees of Congress with respect to the progress
of the program.
``(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this subsection $55,000,000 for each of fiscal years 2021
through 2025.
``(c) Nuclear Integrated Energy Systems Research, Development,
Demonstration, and Commercial Application Program.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to develop nuclear integrated energy systems,
composed of 2 or more co-located or jointly operated subsystems
of energy generation, energy storage, or other technologies and
in which not less than 1 such subsystem is a nuclear energy
system, to--
``(A) reduce greenhouse gas emissions in both the
power and nonpower sectors; and
``(B) maximize energy production and efficiency.
[[Page 134 STAT. 2462]]
``(2) Coordination.--In carrying out the program under
paragraph (1), the Secretary shall coordinate with--
``(A) relevant program offices within the Department
of Energy;
``(B) National Laboratories;
``(C) institutions of higher education; and
``(D) the private sector.
``(3) Focus areas.--The program under paragraph (1) may
include research, development, demonstration, or commercial
application of nuclear integrated energy systems with respect
to--
``(A) desalination technologies and processes;
``(B) hydrogen or other liquid and gaseous fuel or
chemical production;
``(C) heat for industrial processes;
``(D) district heating;
``(E) heat or electricity generation and storage;
``(F) carbon capture, use, utilization, and storage;
``(G) microgrid or island applications;
``(H) integrated systems modeling, analysis, and
optimization, inclusive of different configurations of
integrated energy systems; and
``(I) integrated design, planning, building, and
operation of systems with existing infrastructure,
including interconnection requirements with the electric
grid, as appropriate.
``(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this subsection--
``(A) $20,000,000 for fiscal year 2021;
``(B) $30,000,000 for fiscal year 2022;
``(C) $30,000,000 for fiscal year 2023;
``(D) $40,000,000 for fiscal year 2024; and
``(E) $40,000,000 for fiscal year 2025.''.
(b) Fuel Cycle Research and Development.--Section 953 of the Energy
Policy Act of 2005 (42 U.S.C. 16273) is amended to read as follows:
``SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
COMMERCIAL APPLICATION.
``(a) Used Nuclear Fuel Research, Development, Demonstration, and
Commercial Application.--
``(1) In general.--The Secretary shall conduct an advanced
fuel cycle research, development, demonstration, and commercial
application program to improve fuel cycle performance, minimize
environmental and public health and safety impacts, and support
a variety of options for used nuclear fuel storage, use, and
disposal, including advanced nuclear reactor and non-reactor
concepts (such as radioisotope power systems), which may
include--
``(A) dry cask storage;
``(B) consolidated interim storage;
``(C) deep geological storage and disposal,
including mined repository, and other technologies;
``(D) used nuclear fuel transportation;
``(E) integrated waste management systems;
``(F) vitrification;
[[Page 134 STAT. 2463]]
``(G) fuel recycling and transmutation technologies,
including advanced reprocessing technologies such as
electrochemical and molten salt technologies, and
advanced redox extraction technologies;
``(H) advanced materials to be used in subparagraphs
(A) through (G); and
``(I) other areas as determined by the Secretary.
``(2) Requirements.--In carrying out the program under this
subsection, the Secretary shall--
``(A) ensure all activities and designs incorporate
state of the art safeguards technologies and techniques
to reduce risk of proliferation;
``(B) <<NOTE: Consultation.>> consult with the
Administrator of the National Nuclear Security
Administration to integrate safeguards and security by
design;
``(C) consider the potential benefits and other
impacts of those activities for civilian nuclear
applications, environmental health and safety, and
national security, including consideration of public
consent; and
``(D) <<NOTE: Consideration.>> consider the
economic viability of all activities and designs.
``(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this subsection $60,000,000 for each of fiscal years 2021
through 2025.
``(b) Advanced Fuels.--
``(1) In general.--The Secretary shall conduct an advanced
fuels research, development, demonstration, and commercial
application program on next-generation light water reactor and
advanced reactor fuels that demonstrate the potential for
improved--
``(A) performance;
``(B) accident tolerance;
``(C) proliferation resistance;
``(D) use of resources;
``(E) environmental impact; and
``(F) economics.
``(2) <<NOTE: Deadline.>> Requirements.--In carrying out
the program under this subsection, the Secretary shall focus on
the development of advanced technology fuels, including
fabrication techniques, that offer improved accident-tolerance
and economic performance with the goal of initial commercial
application by December 31, 2025.
``(3) Report.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes how the
technologies and concepts studied under this program would
impact reactor economics, the fuel cycle, operations, safety,
proliferation, and the environment.
``(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this subsection $125,000,000 for each of fiscal years 2021
through 2025.''.
(c) Nuclear Science and Engineering Support.--Section 954 of the
Energy Policy Act of 2005 (42 U.S.C. 16274) is amended--
[[Page 134 STAT. 2464]]
(1) in the section heading, by striking ``<SUP>university</SUP>
nuclear</SUP>'' and inserting ``<SUP>nuclear</SUP>'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``this section'' and inserting ``this
subsection''; and
(B) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and
indenting appropriately;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively, and indenting
appropriately;
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``this section'' and inserting ``this
subsection''; and
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(5) in subsection (e), by striking ``this section'' and
inserting ``this subsection'';
(6) in subsection (f)--
(A) by striking ``this section'' and inserting
``this subsection''; and
(B) by striking ``subsection (b)(2)'' and inserting
``paragraph (2)(B)'';
(7) by redesignating subsections (a) through (d) as
paragraphs (1) through (4), respectively, and indenting
appropriately;
(8) by redesignating subsections (e) and (f) as paragraphs
(7) and (8), respectively;
(9) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Radiological facilities management.--
``(A) In general.--The Secretary shall carry out a
program under which the Secretary shall provide project
management, technical support, quality engineering and
inspection, and nuclear material handling support to
research reactors located at universities.
``(B) Authorization of appropriations.--Of any
amounts appropriated to carry out the program under this
subsection, there are authorized to be appropriated to
the Secretary to carry out the program under this
paragraph $20,000,000 for each of fiscal years 2021
through 2025.
``(6) Nuclear energy university program.--In carrying out
the programs under this section, the Department shall, to the
maximum extent practicable, allocate 20 percent of funds
appropriated to nuclear energy research and development programs
annually to fund university-led research and university
infrastructure projects through an open, competitive
solicitation process.'';
(10) by inserting before paragraph (1) (as so redesignated)
the following:
``(a) University Nuclear Science and Engineering Support.--''; and
(11) by adding at the end the following:
``(b) Nuclear Energy Graduate Traineeship Subprogram.--
``(1) <<NOTE: Coordination.>> Establishment.--In carrying
out the program under subsection (a), the Secretary shall
establish a nuclear energy
[[Page 134 STAT. 2465]]
graduate traineeship subprogram under which the Secretary shall
competitively award graduate traineeships in coordination with
universities to provide focused, advanced training to meet
critical mission needs of the Department, including in
industries that are represented by skilled labor unions.
``(2) Requirements.--In carrying out the subprogram under
this subsection, the Secretary shall--
``(A) encourage appropriate partnerships among
National Laboratories, affected universities, and
industry; and
``(B) on an annual basis, evaluate the needs of the
nuclear energy community to implement graduate
traineeships for focused topical areas addressing
mission-specific workforce needs.
``(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the subprogram
under this subsection $5,000,000 for each of fiscal years 2021
through 2025.''.
(d) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109- 58; 119 Stat. 600) is amended by
striking the items relating to sections 952 through 954 and inserting
the following:
``Sec. 952. Reactor concepts research, development, demonstration, and
commercial application.
``Sec. 953. Fuel cycle research, development, demonstration, and
commercial application.
``Sec. 954. Nuclear science and engineering support.''.
(e) University Nuclear Leadership Program.--Section 313 of the
Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is amended to read
as follows:
``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
``(a) In General.--The Secretary of Energy, the Administrator of the
National Nuclear Security Administration, and the Chairman of the
Nuclear Regulatory Commission shall jointly establish a program, to be
known as the `University Nuclear Leadership Program'.
``(b) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2),
amounts made available to carry out the Program shall be used to
provide financial assistance for scholarships, fellowships, and
research and development projects at institutions of higher
education in areas relevant to the programmatic mission of the
applicable Federal agency, with an emphasis on providing the
financial assistance with respect to research, development,
demonstration, and commercial application activities relevant to
civilian advanced nuclear reactors including, but not limited
to--
``(A) relevant fuel cycle technologies;
``(B) project management; and
``(C) advanced construction, manufacturing, and
fabrication methods.
``(2) Exception.--Notwithstanding paragraph (1), amounts
made available to carry out the Program may be used to provide
financial assistance for a scholarship, fellowship, or multiyear
research and development project that does not align directly
with a programmatic mission of the Department of Energy,
[[Page 134 STAT. 2466]]
if the activity for which assistance is provided would
facilitate the maintenance of the discipline of nuclear science
or engineering.
``(c) Definitions.--In this section:
``(1) Advanced nuclear reactor; institution of higher
education.--The terms `advanced nuclear reactor' and
`institution of higher education' have the meanings given those
terms in section 951 of the Energy Policy Act of 2005 (42 U.S.C.
16271).
``(2) Program.--The term `Program' means the University
Nuclear Leadership Program established under this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Program for each of fiscal years 2021
through 2025--
``(1) $30,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of the
National Nuclear Security Administration; and
``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
(f) Nuclear Energy Research Infrastructure.--Section 955 of the
Energy Policy Act of 2005 (42 U.S.C. 16275) is amended--
(1) in subsection (c), paragraph (1)--
(A) in the paragraph heading, by striking ``Mission
need'' and inserting ``Authorization''; and
(B) in subparagraph (A), by striking ``determine the
mission need'' and inserting ``provide'';
(2) by adding at the end of subsection (c) the following:
``(7) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out to completion
the construction of the facility under this section--
``(A) $295,000,000 for fiscal year 2021;
``(B) $348,000,000 for fiscal year 2022;
``(C) $525,000,000 for fiscal year 2023;
``(D) $534,000,000 for fiscal year 2024; and
``(E) $584,000,000 for fiscal year 2025.''.
(3) in subsection (c) paragraph (4), by striking ``2025''
and inserting ``2026''; and
(4) by adding at the end the following:
``(d) Gateway for Accelerated Innovation in Nuclear.--
``(1) In general.--In carrying out the programs under this
subtitle, the Secretary is authorized to establish a new
initiative to be known as the Gateway for Accelerated Innovation
in Nuclear (GAIN). The initiative shall, to the maximum extent
practicable and consistent with national security, provide the
nuclear energy industry with access to cutting edge research and
development along with the technical, regulatory, and financial
support necessary to move innovative nuclear energy technologies
toward commercialization in an accelerated and cost-effective
fashion. The Secretary shall make available, as a minimum--
``(A) experimental capabilities and testing
facilities;
``(B) computational capabilities, modeling, and
simulation tools;
``(C) access to existing datasets and data
validation tools; and
``(D) technical assistance with guidance or
processes as needed.
[[Page 134 STAT. 2467]]
``(2) Selection.--
``(A) In general.--The Secretary shall select
industry partners for awards on a competitive merit-
reviewed basis.
``(B) Considerations.--In selecting industry
partners under subparagraph (A), the Secretary shall
consider--
``(i) the information disclosed by the
Department as described in paragraph (1); and
``(ii) any existing facilities the Department
will provide for public private partnership
activities.''.
(g) Advanced Reactor Demonstration Program.--
(1) In general.--Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at
the end the following:
``SEC. 959A. <<NOTE: 42 USC 16279a.>> ADVANCED REACTOR
DEMONSTRATION PROGRAM.
``(a) Demonstration Project Defined.--For the purposes of this
section, the term `demonstration project' means an advanced nuclear
reactor operated in any manner, including as part of the power
generation facilities of an electric utility system, for the purpose of
demonstrating the suitability for commercial application of the advanced
nuclear reactor.
``(b) Establishment.--The Secretary shall establish a program to
advance the research, development, demonstration, and commercial
application of domestic advanced, affordable, nuclear energy
technologies by--
``(1) demonstrating a variety of advanced nuclear reactor
technologies, including those that could be used to produce--
``(A) safer, emissions-free power at a competitive
cost of electricity compared to other new energy
generation technologies on the date of enactment of the
Energy Act of 2020;
``(B) heat for community heating, industrial
purposes, heat storage, or synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) identifying research areas that the private sector is
unable or unwilling to undertake due to the cost of, or risks
associated with, the research; and
``(3) facilitating the access of the private sector--
``(A) to Federal research facilities and personnel;
and
``(B) to the results of research relating to civil
nuclear technology funded by the Federal Government.
``(c) Demonstration Projects.--In carrying out demonstration
projects under the program established in subsection (b), the Secretary
shall--
``(1) <<NOTE: Evaluation.>> include, as an evaluation
criterion, diversity in designs for the advanced nuclear
reactors demonstrated under this section, including designs
using various--
``(A) primary coolants;
``(B) fuel types and compositions; and
``(C) neutron spectra;
``(2) consider, as evaluation criterions--
``(A) the likelihood that the operating cost for
future commercial units for each design implemented
through a demonstration project under this subsection is
cost-competitive in the applicable market, including
those designs
[[Page 134 STAT. 2468]]
configured as integrated energy systems as described in
section 952(c);
``(B) the technology readiness level of a proposed
advanced nuclear reactor technology;
``(C) the technical abilities and qualifications of
teams desiring to demonstrate a proposed advanced
nuclear reactor technology; and
``(D) the capacity to meet cost-share requirements
of the Department;
``(3) ensure that each evaluation of candidate technologies
for the demonstration projects is completed through an external
review of proposed designs, which review shall--
``(A) be conducted by a panel that includes not
fewer than 1 representative that does not have a
conflict of interest of each within the applicable
market of the design of--
``(i) an electric utility;
``(ii) an entity that uses high-temperature
process heat for manufacturing or industrial
processing, such as a petrochemical or synthetic
fuel company, a manufacturer of metals or
chemicals, or a manufacturer of concrete;
``(iii) an expert from the investment
community;
``(iv) a project management practitioner; and
``(v) an environmental health and safety
expert; and
``(B) <<NOTE: Review.>> include a review of each
demonstration project under this subsection which shall
include consideration of cost-competitiveness and other
value streams, together with the technology readiness
level, the technical abilities and qualifications of
teams desiring to demonstrate a proposed advanced
nuclear reactor technology, the capacity to meet cost-
share requirements of the Department, if Federal funding
is provided, and environmental impacts;
``(4) for federally funded demonstration projects, enter
into cost-sharing agreements with private sector partners in
accordance with section 988 for the conduct of activities
relating to the research, development, and demonstration of
advanced nuclear reactor designs under the program;
``(5) <<NOTE: Consultation.>> consult with--
``(A) National Laboratories;
``(B) institutions of higher education;
``(C) traditional end users (such as electric
utilities);
``(D) potential end users of new technologies (such
as users of high-temperature process heat for
manufacturing processing, including petrochemical or
synthetic fuel companies, manufacturers of metals or
chemicals, or manufacturers of concrete);
``(E) developers of advanced nuclear reactor
technology;
``(F) environmental and public health and safety
experts; and
``(G) non-proliferation experts;
``(6) seek to ensure that the demonstration projects carried
out under this section do not cause any delay in the progress of
an advanced reactor project by private industry and the
Department of Energy that is underway as of the date of
enactment of this section;
[[Page 134 STAT. 2469]]
``(7) establish a streamlined approval process for expedited
contracting between awardees and the Department;
``(8) identify technical challenges to candidate
technologies;
``(9) support near-term research and development to address
the highest risk technical challenges to the successful
demonstration of a selected advanced reactor technology, in
accordance with--
``(A) paragraph (8);
``(B) the research and development activities under
section 952(b); and
``(C) the research and development activities under
section 958; and
``(10) <<NOTE: Establishment. Determination.>> establish
such technology advisory working groups as the Secretary
determines to be appropriate to advise the Secretary regarding
the technical challenges identified under paragraph (8) and the
scope of research and development programs to address the
challenges, in accordance with paragraph (9), to be comprised
of--
``(A) private sector advanced nuclear reactor
technology developers;
``(B) technical experts with respect to the relevant
technologies at institutions of higher education;
``(C) technical experts at the National
Laboratories;
``(D) environmental and public health and safety
experts;
``(E) non-proliferation experts; and
``(F) any other entities the Secretary determines
appropriate.
``(d) Milestone-based Demonstration Projects.--The Secretary may
carry out demonstration projects under subsection (c) as a milestone-
based demonstration project under section 9005 of the Energy Act of
2020.
``(e) Nonduplication.--Entities may not receive funds under this
program if receiving funds from another reactor demonstration program at
the Department in the same fiscal year.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the program under this
subsection--
``(1) $405,000,000 for fiscal year 2021;
``(2) $405,000,000 for fiscal year 2022;
``(3) $420,000,000 for fiscal year 2023;
``(4) $455,000,000 for fiscal year 2024; and
``(5) $455,000,000 for fiscal year 2025.''.
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
amended--
(A) in the items relating to sections 957, 958, and
959, by inserting ``Sec.'' before ``95'' each place it
appears; and
(B) by inserting after the item relating to section
959 the following:
``Sec. 959A. Advanced reactor demonstration program.''.
(h) International Nuclear Energy Cooperation.--
(1) In general.--Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.), as amended by subsection
(g), is further amended by adding at the end the following:
[[Page 134 STAT. 2470]]
``SEC. 959B. <<NOTE: 42 USC 16279b.>> INTERNATIONAL NUCLEAR
ENERGY COOPERATION.
``The Secretary shall carry out a program--
``(1) to collaborate in international efforts with respect
to research, development, demonstration, and commercial
application of nuclear technology that supports diplomatic,
financing, nonproliferation, climate, and international economic
objectives for the safe, secure, and peaceful use of such
technology; and
``(2) to develop collaboration initiatives with respect to
such efforts with a variety of countries through--
``(A) preparations for research and development
agreements;
``(B) the development of coordinated action plans;
and
``(C) new or existing multilateral cooperation
commitments including--
``(i) the International Framework for Nuclear
Energy Cooperation;
``(ii) the Generation IV International Forum;
``(iii) the International Atomic Energy
Agency;
``(iv) the Organization for Economic Co-
operation and Development Nuclear Energy Agency;
and
``(v) any other international collaborative
effort with respect to advanced nuclear reactor
operations and safety.''.
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as
amended by subsection (g), is further amended by inserting after
the item relating to section 959A the following:
``Sec. 959B. International nuclear energy cooperation.''.
SEC. 2004. HIGH-PERFORMANCE COMPUTATION COLLABORATIVE RESEARCH
PROGRAM.
Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is
amended by adding at the end the following:
``(d) <<NOTE: Coordination.>> Duplication.--The Secretary shall
ensure the coordination of, and avoid unnecessary duplication of, the
activities of the program under subsection (a) with the activities of--
``(1) other research entities of the Department, including
the National Laboratories, the Advanced Research Projects
Agency-Energy, and the Advanced Scientific Computing Research
program; and
``(2) industry.''.
SEC. 2005. NUCLEAR ENERGY BUDGET PLAN.
Section 959 of the Energy Policy Act of 2005 (42 U.S.C. 16279) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) <<NOTE: Time period.>> Budget Plan Alternative 1.--One of the
budget plans submitted under subsection (a) shall assume constant annual
funding for 10 years at the appropriated level for the current fiscal
year for the civilian nuclear energy research and development of the
Department.'';
(2) in subsection (d)(2) by striking ``; and'' and inserting
``;'';
(3) in subsection (d)(3) by striking the period at the end
and inserting ``; and''
(4) by inserting at the end of subsection (d) the following:
[[Page 134 STAT. 2471]]
``(4) a description of the progress made under the programs
described in section 959A.''; and
(5) by inserting after subsection (d) the following:
``(e) <<NOTE: Deadline.>> Updates.--Not less frequently than once
every 2 years, the Secretary shall submit to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate updated 10-year budget
plans which shall identify, and provide a justification for, any major
deviation from a previous budget plan submitted under this section.''.
SEC. 2006. <<NOTE: 42 USC 16279c.>> ORGANIZATION AND
ADMINISTRATION OF PROGRAMS.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.), as amended by this Act, is further
amended by adding at the end of the following:
``SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
``(a) Coordination.--In carrying out this subtitle, the Secretary
shall coordinate activities, and effectively manage crosscutting
research priorities across programs of the Department and other relevant
Federal agencies, including the National Laboratories.
``(b) Collaboration.--
``(1) In general.--In carrying out this subtitle, the
Secretary shall collaborate with industry, National
Laboratories, other relevant Federal agencies, institutions of
higher education, including minority-serving institutions and
research reactors, Tribal entities, including Alaska Native
Corporations, and international bodies with relevant scientific
and technical expertise.
``(2) Participation.--To the extent practicable, the
Secretary shall encourage research projects that promote
collaboration between entities specified in paragraph (1).
``(c) <<NOTE: Web posting.>> Dissemination of Results and Public
Availability.--The Secretary shall, except to the extent protected from
disclosure under section 552(b) of title 5, United States Code, publish
the results of projects supported under this subtitle through Department
websites, reports, databases, training materials, and industry
conferences, including information discovered after the completion of
such projects.
``(d) Education and Outreach.--In carrying out the activities
described in this subtitle, the Secretary shall support education and
outreach activities to disseminate information and promote public
understanding of nuclear energy.
``(e) Technical Assistance.--In carrying out this subtitle, for the
purposes of supporting technical, nonhardware, and information-based
advances in nuclear energy development and operations, the Secretary
shall also conduct technical assistance and analysis activities,
including activities that support commercial application of nuclear
energy in rural, Tribal, and low-income communities.
``(f) Program Review.--At least annually, all programs in this
subtitle shall be subject to an annual review by the Nuclear Energy
Advisory Committee of the Department or other independent entity, as
appropriate.
``(g) Sensitive Information.--The Secretary shall not publish any
information generated under this subtitle that is detrimental to
national security, as determined by the Secretary.''.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594), as amended
[[Page 134 STAT. 2472]]
by this Act, is further amended by inserting after the item relating to
section 959B the following:
``Sec. 959C. Organization and administration of programs.''.
SEC. 2007. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTATION
OF URANIUM FROM RUSSIAN FEDERATION.
(a) In General.--Section 3112A of the USEC Privatization Act (42
U.S.C. 2297h-10a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph (8);
and
(B) by inserting after paragraph (6) the following:
``(7) <<NOTE: Definition.>> Suspension agreement.--The term
`Suspension Agreement' has the meaning given that term in
section 3102(13).'';
(2) in subsection (b)--
(A) by striking ``United States to support'' and
inserting the following: ``United States--
``(1) to support'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(2) to reduce reliance on uranium imports in order to
protect essential national security interests;
``(3) to revive and strengthen the supply chain for nuclear
fuel produced and used in the United States; and
``(4) to expand production of nuclear fuel in the United
States.''; and
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (vi), by striking ``;
and'' and inserting a semicolon;
(II) in clause (vii), by striking
the period at the end and inserting a
semicolon; and
(III) by adding at the end the
following:
``(viii) in calendar year 2021, 596,682
kilograms;
``(ix) in calendar year 2022, 489,617
kilograms;
``(x) in calendar year 2023, 578,877
kilograms;
``(xi) in calendar year 2024, 476,536
kilograms;
``(xii) in calendar year 2025, 470,376
kilograms;
``(xiii) in calendar year 2026, 464,183
kilograms;
``(xiv) in calendar year 2027, 459,083
kilograms;
``(xv) in calendar year 2028, 344,312
kilograms;
``(xvi) in calendar year 2029, 340,114
kilograms;
``(xvii) in calendar year 2030, 332,141
kilograms;
``(xviii) in calendar year 2031, 328,862
kilograms;
``(xix) in calendar year 2032, 322,255
kilograms;
``(xx) in calendar year 2033, 317,536
kilograms;
``(xxi) in calendar year 2034, 298,088
kilograms;
``(xxii) in calendar year 2035, 294,511
kilograms;
``(xxiii) in calendar year 2036, 286,066
kilograms;
``(xxiv) in calendar year 2037, 281,272
kilograms;
``(xxv) in calendar year 2038, 277,124
kilograms;
``(xxvi) in calendar year 2039, 277,124
kilograms; and
[[Page 134 STAT. 2473]]
``(xxvii) in calendar year 2040, 267,685
kilograms.'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A) the
following:
``(B) Administration.--
``(i) In general.--The Secretary of Commerce
shall administer the import limitations described
in subparagraph (A) in accordance with the
provisions of the Suspension Agreement,
including--
``(I) the limitations on sales of
enriched uranium product and separative
work units plus conversion, in amounts
determined in accordance with Section
IV.B.1 of the Suspension Agreement (as
amended by the amendment published in
the Federal Register on October 9, 2020
(85 Fed. Reg. 64112));
``(II) the export limit allocations
set forth in Appendix 5 of the
Suspension Agreement (as so amended);
``(III) the requirements for natural
uranium returned feed associated with
imports of low-enriched uranium,
including pursuant to sales of
enrichment, with or without conversion,
from the Russian Federation, as set
forth in Section IV.B.1 of the
Suspension Agreement (as so amended);
``(IV) any other provisions of the
Suspension Agreement (as so amended);
and
``(V) any related administrative
guidance issued by the Department of
Commerce.
``(ii) Effect of termination of suspension
agreement.--Clause (i) shall remain in effect if
the Suspension Agreement is terminated.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking the
semicolon and inserting ``; or'';
(ii) in subparagraph (B), by striking ``; or''
and inserting a period; and
(iii) by striking subparagraph (C);
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``reference data'' and all that follows through
``2019'' and inserting the following: ``lower
scenario data in the report of the World Nuclear
Association entitled `The Nuclear Fuel Report:
Global Scenarios for Demand and Supply
Availability 2019-2040'. In each of calendar years
2023, 2029, and 2035''; and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A) the
following:
``(B) <<NOTE: Time period.>> Report required.--Not
later than one year after the date of the enactment of
the Energy Act of 2020, and every 3 years thereafter,
the Secretary shall submit to Congress a report that
includes--
[[Page 134 STAT. 2474]]
``(i) <<NOTE: Recommenda- tion.>> a
recommendation on the use of all publicly
available data to ensure accurate forecasting by
scenario data to comport to actual demand for low-
enriched uranium for nuclear reactors in the
United States; and
``(ii) an identification of the steps to be
taken to adjust the import limitations described
in paragraph (2)(A) based on the most accurate
scenario data.''; and
(iv) in subparagraph (D), as redesignated by
clause (ii), by striking ``subparagraph (B)'' and
inserting ``subparagraph (C)'';
(D) in paragraph (9), by striking ``2020'' and
inserting ``2040'';
(E) in paragraph (12)(B), by inserting ``or the
Suspension Agreement'' after ``the Russian HEU
Agreement''; and
(F) by striking ``(2)(B)'' each place it appears and
inserting ``(2)(C)''.
(b) <<NOTE: Russia. Effective date. 42 USC 2297h-10a note.>>
Applicability.--The amendments made by subsection (a) apply with respect
to uranium imported from the Russian Federation on or after January 1,
2021.
SEC. 2008. FUSION ENERGY RESEARCH.
(a) Program.--Section 307 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18645) is amended--
(1) <<NOTE: 42 USC 2053.>> by redesignating subsections (a)
through (g) as subsections (b) through (h), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) Program.--As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139) and
section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312), the
Director shall carry out a fusion energy sciences research and enabling
technology development program to effectively address the scientific and
engineering challenges to building a cost competitive fusion power plant
and to support the development of a competitive fusion power industry in
the United States. As part of this program, the Director shall carry out
research activities to expand the fundamental understandings of plasma
and matter at very high temperatures and densities for fusion
applications and for other engineering and plasma science
applications.'';
(3) by amending subsection (d) to read as follows:
``(d) Inertial Fusion Research and Development.--
``(1) In general.--The Director shall carry out a program of
research and technology development in inertial fusion for
energy applications, including ion beam, laser, and pulsed power
fusion systems.
``(2) Activities.--As part of the program described in
paragraph (1), the Director shall support activities at and
partnerships with universities and the National Laboratories
to--
``(A) develop novel target designs;
``(B) support modeling of various inertial fusion
energy concepts and systems;
``(C) develop diagnostic tools; and
``(D) improve inertial fusion energy driver
technologies.
``(3) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (o), there are
[[Page 134 STAT. 2475]]
authorized to be appropriated to the Secretary to carry out the
activities described in subsection (d) $25,000,000 for each of
fiscal years 2021 through 2025.'';
(4) by amending subsection (e) to read as follows:
``(e) Alternative and Enabling Concepts.--
``(1) In general.--The Director shall support research and
development activities and facility operations at institutions
of higher education, National Laboratories, and private
facilities in the United States for a portfolio of alternative
and enabling fusion energy concepts that may provide solutions
to significant challenges to the establishment of a commercial
magnetic fusion power plant, prioritized based on the ability of
the United States to play a leadership role in the international
fusion research community.
``(2) Activities.--Fusion energy concepts and activities
explored under paragraph (1) may include--
``(A) alternative fusion energy concepts,
including--
``(i) advanced stellarator concepts;
``(ii) non-tokamak confinement configurations
operating at low magnetic fields;
``(iii) magnetized target fusion energy
concepts; or
``(iv) other promising fusion energy concepts
identified by the Director;
``(B) enabling fusion technology development
activities, including--
``(i) high magnetic field approaches
facilitated by high temperature superconductors;
``(ii) liquid metals to address issues
associated with fusion plasma interactions with
the inner wall of the encasing device; and
``(iii) advanced blankets for heat management
and fuel breeding; and
``(C) advanced scientific computing activities.
``(3) Innovation network for fusion energy.--
``(A) In general.--The Secretary, acting through the
Office of Science, shall support a program to provide
fusion energy researchers with access to scientific and
technical resources and expertise at facilities
supported by the Department, including such facilities
at National Laboratories and universities, to advance
innovative fusion energy technologies toward commercial
application.
``(B) Awards.--Financial assistance under the
program established in subsection (a)--
``(i) shall be awarded on a competitive,
merit-reviewed basis; and
``(ii) may be in the form of grants, vouchers,
equipment loans, or contracts to private entities.
``(4) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out the
activities described in subsection (e) $50,000,000 for each of
fiscal years 2021 through 2025.''; and
(5) by adding at the end the following:
``(i) Milestone-based Development Program.--
``(1) <<NOTE: Deadline.>> In general.--Using the authority
of the Secretary under section 646(g) of the Department of
Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding
paragraph (10) of such
[[Page 134 STAT. 2476]]
section, the Secretary shall establish, not later than 6 months
after the date of enactment of this section, a milestone-based
fusion energy development program that requires projects to meet
particular technical milestones before a participant is awarded
funds by the Department.
``(2) <<NOTE: Time period.>> Purpose.--The purpose of the
program established by paragraph (1) shall be to support the
development of a U.S.-based fusion power industry through the
research and development of technologies that will enable the
construction of new full-scale fusion systems capable of
demonstrating significant improvements in the performance of
such systems, as defined by the Secretary, within 10 years of
the enactment of this section.
``(3) Eligibility.--Any entity is eligible to participate in
the program provided that the Secretary has deemed it as having
the necessary resources and expertise.
``(4) Requirements.--In carrying out the milestone-based
program under paragraph (1), the Secretary shall, for each
relevant project--
``(A) <<NOTE: Determination.>> request proposals
from eligible entities, as determined by the Secretary,
that include proposed technical milestones, including
estimated project timelines and total costs;
``(B) set milestones based on a rigorous technical
review process;
``(C) award funding of a predetermined amount to
projects that successfully meet proposed milestones
under paragraph (1), or for expenses deemed reimbursable
by the Secretary, in accordance with terms negotiated
for an individual award; and
``(D) communicate regularly with selected eligible
entities and, if the Secretary deems appropriate,
exercise small amounts of flexibility for technical
milestones as projects mature.
``(5) Awards.--For the program established under paragraph
(1)--
``(A) an award recipient shall be responsible for
all costs until milestones are achieved, or reimbursable
expenses are reviewed and verified by the Department;
``(B) should an awardee not meet the milestones
described in paragraph (4), the Secretary may end the
partnership with an award recipient and use the
remaining funds in the ended agreement for new or
existing projects carried out under this section; and
``(C) consistent with the existing authorities of
the Department, the Secretary may end the partnership
with an award recipient for cause during the performance
period.
``(6) <<NOTE: Evaluation.>> Applications.--Any project
proposal submitted to the program under paragraph (1) shall be
evaluated based upon its scientific, technical, and business
merits through a peer-review process, which shall include
reviewers with appropriate expertise from the private sector,
the investment community, and experts in the science and
engineering of fusion and plasma physics.
``(7) <<NOTE: Consultation.>> Project management.--In
carrying out projects under this program and assessing the
completion of their milestones in accordance with paragraph (4),
the Secretary shall consult
[[Page 134 STAT. 2477]]
with experts that represent diverse perspectives and
professional experiences, including those from the private
sector, to ensure a complete and thorough review.
``(8) <<NOTE: Deadline. Contracts. Assessments.>>
Programmatic review.--Not later than 4 years after the Secretary
has established 3 milestones under this program, the Secretary
shall enter into a contractual arrangement with the National
Academy of Sciences to review and provide a report describing
the findings of this review to the House Committee on Science,
Space, and Technology and the Senate Committee on Energy and
Natural Resources on the program established under this
paragraph (1) that assesses--
``(A) the benefits and drawbacks of a milestone-
based fusion program as compared to traditional program
structure funding models at the Department;
``(B) lessons-learned from program operations; and
``(C) any other matters the Secretary determines
regarding the program.
``(9) Annual report.--As part of the annual budget request
submitted for each fiscal year, the Secretary shall provide the
House Committee on Science, Space, and Technology and the Senate
Committee on Energy and Natural Resources a report describing
partnerships supported by the program established under
paragraph (1) during the previous fiscal year.
``(10) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out the
activities described in subsection (i), to remain available
until expended--
``(A) $45,000,000 for fiscal year 2021;
``(B) $65,000,000 for fiscal year 2022;
``(C) $105,000,000 for fiscal year 2023;
``(D) $65,000,000 for fiscal year 2024; and
``(E) $45,000,000 for fiscal year 2025.
``(j) Fusion Reactor System Design.--The Director shall support
research and development activities to design future fusion reactor
systems and examine and address the technical drivers for the cost of
these systems.
``(k) General Plasma Science and Applications.--The Director shall
support research in general plasma science and high energy density
physics that advance the understanding of the scientific community of
fundamental properties and complex behavior of matter to control and
manipulate plasmas for a broad range of applications, including support
for research relevant to advancements in chip manufacturing and
microelectronics.
``(l) Sense of Congress.--It is the sense of Congress that the
United States should support a robust, diverse program in addition to
providing sufficient support to, at a minimum, meet its commitments to
ITER and maintain the schedule of the project as determined by the
Secretary in coordination with the ITER Organization at the time of the
enactment of this section. It is further the sense of Congress that
developing the scientific basis for fusion, providing research results
key to the success of ITER, and training the next generation of fusion
scientists are of critical importance to the United States and should in
no way be diminished by participation of the United States in the ITER
project.
``(m) <<NOTE: Coordination.>> International Collaboration.--The
Director shall--
[[Page 134 STAT. 2478]]
``(1) as practicable and in coordination with other
appropriate Federal agencies as necessary, ensure the access of
United States researchers to the most advanced fusion research
facilities and research capabilities in the world, including
ITER;
``(2) to the maximum extent practicable, continue to
leverage United States participation ITER, and prioritize
expanding international partnerships and investments in current
and future fusion research facilities within the United States;
and
``(3) to the maximum extent practicable, prioritize
engagement in collaborative efforts in support of future
international facilities that would provide access to the most
advanced fusion research facilities in the world to United
States researchers.
``(n) Fission and Fusion Research Coordination Report.--
``(1) In general.--Not later than 6 months after the date of
enactment of this section, the Secretary shall transmit to
Congress a report addressing opportunities for coordinating
fusion energy research and development activities between the
Office of Nuclear Energy, the Office of Science, and the
Advanced Research Projects Agency--Energy.
``(2) <<NOTE: Assessment.>> Components.--The report shall
assess opportunities for collaboration on research and
development of--
``(A) liquid metals to address issues associated
with fusion plasma interactions with the inner wall of
the encasing device and other components within the
reactor;
``(B) immersion blankets for heat management and
fuel breeding;
``(C) technologies and methods for instrumentation
and control;
``(D) computational methods and codes for system
operation and maintenance;
``(E) codes and standard development;
``(F) radioactive waste handling;
``(G) radiological safety;
``(H) potential for non-electricity generation
applications; and
``(I) any other overlapping priority as identified
by the Director of the Office of Science or the
Assistant Secretary of Energy for Nuclear Energy.
``(o) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities described in
this section--
``(1) $996,000,000 for fiscal year 2021;
``(2) $921,000,000 for fiscal year 2022;
``(3) $961,000,000 for fiscal year 2023;
``(4) $921,000,000 for fiscal year 2024; and
``(5) $901,000,000 for fiscal year 2025.''.
(b) ITER.--Section 972(c) of the Energy Policy Act of 2005 (42
U.S.C. 16312) is amended to read as follows:
``(c) United States Participation in ITER.--
``(1) In general.--There is authorized United States
participation in the construction and operations of the ITER
project, as agreed to under the April 25, 2007 `Agreement on the
Establishment of the ITER International Fusion Energy
Organization for the Joint Implementation of the ITER Project'.
The Director <<NOTE: Coordination.>> shall coordinate and carry
out the responsibilities of the United States with respect to
this Agreement.
[[Page 134 STAT. 2479]]
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to
Congress a report providing an assessment of the most recent
schedule for ITER that has been approved by the ITER Council.
``(3) Authorization of appropriations.--Out of funds
authorized to be appropriated under section 307(o) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18645), there shall be made available to the Secretary to carry
out the construction of ITER--
``(A) $374,000,000 for fiscal year 2021; and
``(B) $281,000,000 for each of fiscal years 2022
through 2025.''.
TITLE III--RENEWABLE ENERGY AND STORAGE
Subtitle A--Renewable Energy Research and Development
SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle C of title VI of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read as
follows:
``Subtitle C--Water Power Research and Development
``SEC. 632. <<NOTE: 42 USC 17211.>> DEFINITIONS.
``In this subtitle:
``(1) Eligible entity.--The term `eligible entity' means any
of the following entities:
``(A) An institution of higher education.
``(B) A National Laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity or a multi-institutional
consortium thereof.
``(2) Institution of higher education.--The term
`institution of higher education' means--
``(A) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); or
``(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))).
``(3) Marine energy.--The term `marine energy' means energy
from--
``(A) waves, tides, and currents in oceans,
estuaries, and tidal areas;
``(B) free flowing water in rivers, lakes, streams,
and man-made channels;
[[Page 134 STAT. 2480]]
``(C) differentials in salinity and pressure
gradients; and
``(D) differentials in water temperature, including
ocean thermal energy conversion.
``(4) National laboratory.--The term `National Laboratory'
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
``(5) Water power.--The term `water power' refers to
hydropower, including conduit power, pumped storage, and marine
energy technologies.
``(6) Microgrid.--The term `microgrid' has the meaning given
such term in section 641 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17231).
``SEC. 633. <<NOTE: 42 USC 17212.>> WATER POWER TECHNOLOGY
RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
``The Secretary shall carry out a program to conduct research,
development, demonstration, and commercial application of water power
technologies in support of each of the following purposes:
``(1) To promote research, development, demonstration, and
commercial application of water power generation technologies in
order to increase capacity and reduce the cost of those
technologies.
``(2) To promote research and development to improve the
environmental impact of water power technologies.
``(3) To provide grid reliability and resilience, including
through technologies that facilitate new market opportunities,
such as ancillary services, for water power.
``(4) To promote the development of water power technologies
to improve economic growth and enhance cross-institutional
foundational workforce development in the water power sector,
including in coastal communities.
``SEC. 634. <<NOTE: 42 USC 17213.>> HYDROPOWER RESEARCH,
DEVELOPMENT, AND DEMONSTRATION.
``The Secretary shall conduct a program of research, development,
demonstration, and commercial application for technologies that improve
the capacity, efficiency, resilience, security, reliability,
affordability, and environmental impact, including potential cumulative
environmental impacts, of hydropower systems. In carrying out such
program, the Secretary shall prioritize activities designed to--
``(1) develop technology for--
``(A) non-powered dams, including aging and
potentially hazardous dams;
``(B) pumped storage;
``(C) constructed waterways;
``(D) new stream-reach development;
``(E) modular and small dams;
``(F) increased operational flexibility; and
``(G) enhancement of relevant existing facilities;
``(2) develop new strategies and technologies, including
analytical methods, physical and numerical tools, and advanced
computing, as well as methods to validate such methods and
tools, in order to--
``(A) extend the operational lifetime of hydropower
systems and their physical structures, while improving
[[Page 134 STAT. 2481]]
environmental impact, including potential cumulative
environmental impacts;
``(B) assist in device and system design,
installation, operation, and maintenance; and
``(C) reduce costs, limit outages, and increase unit
and plant efficiencies, including by examining the
impact of changing water and electricity demand on
hydropower generation, flexibility, and provision of
grid services;
``(3) study, in conjunction with other relevant Federal
agencies as appropriate, methods to improve the hydropower
licensing process, including by compiling current and accepted
best practices, public comments, and methodologies to assess the
full range of potential environmental and economic impacts;
``(4) identify opportunities for joint research,
development, and demonstration programs between hydropower
systems, which may include--
``(A) pumped storage systems and other renewable
energy systems;
``(B) small hydro facilities and other energy
storage systems;
``(C) other hybrid energy systems;
``(D) small hydro facilities and critical
infrastructure, including water infrastructure; and
``(E) hydro facilities and responsive load
technologies, which may include smart buildings and city
systems;
``(5) improve the reliability of hydropower technologies,
including during extreme weather events;
``(6) develop methods and technologies to improve
environmental impact, including potential cumulative
environmental impacts, of hydropower and pumped storage
technologies, including potential impacts on wildlife, such as--
``(A) fisheries;
``(B) aquatic life and resources;
``(C) navigation of waterways; and
``(D) upstream and downstream environmental
conditions, including sediment movement, water quality,
and flow volumes;
``(7) identify ways to increase power generation by--
``(A) diversifying plant configuration options;
``(B) improving pump-back efficiencies;
``(C) investigating multi-phase systems;
``(D) developing, testing, and monitoring advanced
generators with faster cycling times, variable speeds,
and improved efficiencies;
``(E) developing, testing, and monitoring advanced
turbines capable of improving environmental impact,
including potential cumulative environmental impacts,
including small turbine designs;
``(F) developing standardized powertrain components;
``(G) developing components with advanced materials
and manufacturing processes, including additive
manufacturing; and
``(H) developing analytical tools that enable
hydropower to provide grid services that, amongst other
services, improve grid integration of other energy
sources;
``(8) advance new pumped storage technologies, including--
[[Page 134 STAT. 2482]]
``(A) systems with adjustable speed and other new
pumping and generating equipment designs;
``(B) modular systems;
``(C) alternative closed-loop systems, including
mines and quarries; and
``(D) <<NOTE: Determination.>> other innovative
equipment and materials as determined by the Secretary;
``(9) reduce civil works costs and construction times for
hydropower and pumped storage systems, including comprehensive
data and systems analysis of hydropower and pumped storage
construction technologies and processes in order to identify
areas for whole-system efficiency gains;
``(10) advance efficient and reliable integration of
hydropower and pumped storage systems with the electric grid
by--
``(A) improving methods for operational forecasting
of renewable energy systems to identify opportunities
for hydropower applications in pumped storage and hybrid
energy systems, including forecasting of seasonal and
annual energy storage;
``(B) considering aggregating small distributed
hydropower assets; and
``(C) identifying barriers to grid scale
implementation of hydropower and pumped storage
technologies;
``(11) improve computational fluid dynamic modeling methods;
``(12) improve flow measurement methods, including
maintenance of continuous flow measurement equipment;
``(13) identify best methods for compiling data on all
hydropower resources and assets, including identifying potential
for increased capacity; and
``(14) identify mechanisms to test and validate performance
of hydropower and pumped storage technologies.
``SEC. 635. <<NOTE: 42 USC 17214.>> MARINE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION.
``(a) <<NOTE: Consultation.>> In General.--The Secretary, in
consultation with the Secretary of Defense, Secretary of Commerce
(acting through the Under Secretary of Commerce for Oceans and
Atmosphere) and other relevant Federal agencies, shall conduct a program
of research, development, demonstration, and commercial application of
marine energy technology, including activities to--
``(1) assist technology development to improve the
components, processes, and systems used for power generation
from marine energy resources at a variety of scales;
``(2) establish and expand critical testing infrastructure
and facilities necessary to--
``(A) demonstrate and prove marine energy devices at
a range of scales in a manner that is cost-effective and
efficient; and
``(B) accelerate the technological readiness and
commercial application of such devices;
``(3) address marine energy resource variability issues,
including through the application of energy storage
technologies;
``(4) advance efficient and reliable integration of marine
energy with the electric grid, which may include smart building
systems;
[[Page 134 STAT. 2483]]
``(5) identify and study critical short-term and long-term
needs to maintaining a sustainable marine energy supply chain
based in the United States;
``(6) increase the reliability, security, and resilience of
marine energy technologies;
``(7) validate the performance, reliability,
maintainability, and cost of marine energy device designs and
system components in an operating environment;
``(8) consider the protection of critical infrastructure,
such as adequate separation between marine energy devices and
submarine telecommunications cables, including through the
development of voluntary, consensus-based standards for such
purposes;
``(9) identify opportunities for crosscutting research,
development, and demonstration programs between existing energy
research programs;
``(10) identify and improve, in conjunction with the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, and other relevant Federal
agencies as appropriate, the environmental impact, including
potential cumulative environmental impacts, of marine energy
technologies, including--
``(A) potential impacts on fisheries and other
marine resources; and
``(B) developing technologies, including mechanisms
for self-evaluation, and other means available for
improving environmental impact, including potential
cumulative environmental impacts;
``(11) identify, in consultation with relevant Federal
agencies, potential navigational impacts of marine energy
technologies and strategies to prevent possible adverse impacts,
in addition to opportunities for marine energy systems to aid
the United States Coast Guard, such as remote sensing for
coastal border security;
``(12) develop numerical and physical tools, including
models and monitoring technologies, to assist industry in device
and system design, installation, operation, and maintenance,
including methods to validate such tools;
``(13) support materials science as it relates to marine
energy technology, such as the development of corrosive-
resistant materials;
``(14) improve marine energy resource forecasting and
general understanding of aquatic system behavior, including
turbulence and extreme conditions;
``(15) <<NOTE: Coordination.>> develop metrics and
voluntary, consensus-based standards, in coordination with the
National Institute of Standards and Technology and appropriate
standard development organizations, for marine energy
components, systems, and projects, including--
``(A) measuring performance of marine energy
technologies; and
``(B) characterizing environmental conditions;
``(16) enhance integration with hybrid energy systems,
including desalination;
``(17) identify opportunities to integrate marine energy
technologies into new and existing infrastructure; and
[[Page 134 STAT. 2484]]
``(18) to develop technology necessary to support the use of
marine energy--
``(A) for the generation and storage of power at
sea; and
``(B) for the generation and storage of power to
promote the resilience of coastal communities, including
in applications relating to--
``(i) desalination;
``(ii) disaster recovery and resilience; and
``(iii) community microgrids in isolated power
systems.
``(b) Study of Non-Power Sector Applications for Advanced Marine
Energy Technologies.--
``(1) <<NOTE: Consultation.>> In general.--The Secretary,
in consultation with the Secretary of Transportation and the
Secretary of Commerce, shall conduct a study to examine
opportunities for research and development in advanced marine
energy technologies for non-power sector applications, including
applications with respect to--
``(A) the maritime transportation sector;
``(B) associated maritime energy infrastructure,
including infrastructure that serves ports, to improve
system resilience and disaster recovery; and
``(C) enabling scientific missions at sea and in
extreme environments, including the Arctic.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report that describes the results of the study
conducted under paragraph (1).
``SEC. 636. <<NOTE: 42 USC 17215.>> NATIONAL MARINE ENERGY
CENTERS.
``(a) <<NOTE: Grants.>> In General.--The Secretary shall award
grants, each such grant up to $10,000,000 per year, to institutions of
higher education (or consortia thereof) for--
``(1) the continuation and expansion of the research,
development, demonstration, testing, and commercial application
activities at the National Marine Energy Centers (referred to in
this section as `Centers') established as of January 1, 2020;
and
``(2) the establishment of new National Marine Energy
Centers.
``(b) Location Selection.--In selecting institutions of higher
education for new Centers, the Secretary shall consider the following
criteria:
``(1) Whether the institution hosts an existing marine
energy research and development program.
``(2) Whether the institution has proven technical expertise
to support marine energy research.
``(3) Whether the institution has access to marine
resources.
``(c) <<NOTE: Coordination.>> Purposes.--The Centers shall
coordinate among themselves, the Department, and National Laboratories
to--
``(1) advance research, development, demonstration, and
commercial application of marine energy technologies in response
to industry and commercial needs;
[[Page 134 STAT. 2485]]
``(2) support in-water testing and demonstration of marine
energy technologies, including facilities capable of testing--
``(A) marine energy systems of various technology
readiness levels and scales;
``(B) a variety of technologies in multiple test
berths at a single location;
``(C) arrays of technology devices; and
``(D) interconnectivity to an electrical grid,
including microgrids; and
``(3) collect and disseminate information on best practices
in all areas relating to developing and managing marine energy
resources and energy systems.
``(d) Coordination.--To the extent practicable, the Centers shall
coordinate their activities with the Secretary of Commerce, acting
through the Undersecretary of Commerce for Oceans and Atmosphere, and
other relevant Federal agencies.
``(e) Termination.--To the extent otherwise authorized by law, the
Secretary may terminate funding for a Center described in paragraph (a)
if such Center is under-performing.
``SEC. 637. <<NOTE: 42 USC 17216.>> ORGANIZATION AND
ADMINISTRATION OF PROGRAMS.
``(a) Coordination.--In carrying out this subtitle, the Secretary
shall coordinate activities, and effectively manage cross-cutting
research priorities across programs of the Department and other relevant
Federal agencies, including the National Laboratories and the National
Marine Energy Centers.
``(b) Collaboration.--
``(1) In general.--In carrying out this subtitle, the
Secretary shall collaborate with industry, National
Laboratories, other relevant Federal agencies, institutions of
higher education, including Minority Serving Institutions,
National Marine Energy Centers, Tribal entities, including
Alaska Native Corporations, and international bodies with
relevant scientific and technical expertise.
``(2) Participation.--To the extent practicable, the
Secretary shall encourage research projects that promote
collaboration between entities specified in paragraph (1) and
include entities not historically associated with National
Marine Energy Centers, such as Minority Serving Institutions.
``(3) <<NOTE: Consultation.>> International
collaboration.--The Secretary, in coordination with other
appropriate Federal and multilateral agencies (including the
United States Agency for International Development) shall
support collaborative efforts with international partners to
promote the research, development, and demonstration of water
power technologies used to develop hydropower, pump storage, and
marine energy resources.
``(c) Dissemination of Results and Public Availability.--The
Secretary shall--
``(1) publish the results of projects supported under this
subtitle through Department websites, reports, databases,
training materials, and industry conferences, including
information discovered after the completion of such projects,
withholding any industrial proprietary information; and
``(2) share results of such projects with the public except
to the extent that the information is protected from disclosure
under section 552(b) of title 5, United States Code.
[[Page 134 STAT. 2486]]
``(d) Award Frequency.--The Secretary shall solicit applications for
awards under this subtitle no less frequently than once per fiscal year.
``(e) Education and Outreach.--In carrying out the activities
described in this subtitle, the Secretary shall support education and
outreach activities to disseminate information and promote public
understanding of water power technologies and the water power workforce,
including activities at the National Marine Energy Centers.
``(f) Technical Assistance and Workforce Development.--In carrying
out this subtitle, the Secretary may also conduct, for purposes of
supporting technical, non-hardware, and information-based advances in
water power systems development and operations--
``(1) technical assistance and analysis activities with
eligible entities, including activities that support expanding
access to advanced water power technologies for rural, Tribal,
and low-income communities; and
``(2) workforce development and training activities,
including to support the dissemination of standards and best
practices for enabling water power production.
``(g) Strategic Plan.--In carrying out the activities described in
this subtitle, the Secretary shall--
``(1) <<NOTE: Deadline.>> not later than one year after the
date of the enactment of the Energy Act of 2020, draft a plan,
considering input from relevant stakeholders such as industry
and academia, to implement the programs described in this
subtitle and update the plan on an annual basis; and
``(2) <<NOTE: Time periods.>> the plan shall address near-
term (up to 2 years), mid-term (up to 7 years), and long-term
(up to 15 years) challenges to the advancement of water power
systems.
``(h) <<NOTE: Time period. Public information.>> Report to
Congress.--Not later than 1 year after the date of the enactment of the
Energy Act of 2020, and at least once every 2 years thereafter, the
Secretary shall provide, and make available to the public and the
relevant authorizing and appropriations committees of Congress, a report
on the findings of research conducted and activities carried out
pursuant to this subtitle, including the most current strategic plan
under subsection (g) and the progress made in implementing such plan.
``SEC. 638. <<NOTE: 42 USC 17217.>> APPLICABILITY OF OTHER LAWS.
``Nothing in this subtitle shall be construed as waiving, modifying,
or superseding the applicability of any requirement under any
environmental or other Federal or State law.
``SEC. 639. <<NOTE: 42 USC 17218.>> AUTHORIZATION OF
APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this subtitle $186,600,000 for each of fiscal years 2021 through
2025, including $137,428,378 for marine energy and $49,171,622 for
hydropower research, development, and demonstration activities.''.
(b) Conforming Table of Contents Amendment.--The table of contents
for the Energy Independence and Security Act of 2007 is amended by
striking the items relating to subtitle C of title VI and inserting the
following:
``Subtitle C--Water Power Research and Development
``Sec. 632. Definitions.
[[Page 134 STAT. 2487]]
``Sec. 633. Water power technology research, development, and
demonstration.
``Sec. 634. Hydropower research, development, and demonstration.
``Sec. 635. Marine energy research, development, and demonstration.
``Sec. 636. National Marine Energy Centers.
``Sec. 637. Organization and administration of programs.
``Sec. 638. Applicability of other laws.
``Sec. 639. Authorization of appropriations.''.
SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.
(a) Definitions.--Section 612 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17191) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Engineered.--When referring to enhanced geothermal
systems, the term `engineered' means designed to access
subsurface heat, including stimulation and nonstimulation
technologies to address one or more of the following issues:
``(A) Lack of effective permeability, porosity or
open fracture connectivity within the heat reservoir.
``(B) Insufficient contained geofluid in the heat
reservoir.
``(C) A low average geothermal gradient which
necessitates deeper drilling, or the use of alternative
heat sources or heat generation processes.'';
(2) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(3) by adding after paragraph (1) the following:
``(2) Eligible entity.--The term `eligible entity' means any
of the following entities:
``(A) An institution of higher education.
``(B) A National laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity.
``(G) A consortium of 2 or more entities described
in subparagraphs (A) through (F).''.
(b) Hydrothermal Research and Development.--Section 613 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17192) is
amended to read as follows:
``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
geothermal energy production from hydrothermal systems.
``(b) Programs.--The program authorized in subsection (a) shall
include the following:
``(1) Advanced hydrothermal resource tools.--The research
and development of advanced geologic tools to assist in locating
hydrothermal resources, and to increase the reliability of site
characterization, including the development of new imaging and
sensing technologies and techniques to assist in prioritization
of targets for characterization;
``(2) Exploratory drilling for geothermal resources.--The
demonstration of advanced technologies and techniques of siting
and exploratory drilling for undiscovered resources in a variety
of geologic settings, carried out in collaboration with industry
partners that will assist in the acquisition of high quality
data sets relevant for hydrothermal subsurface characterization
activities.''.
[[Page 134 STAT. 2488]]
(c) General Geothermal Systems Research and Development.--Section
614 of the Energy Independence and Security Act of 2007 (42 U.S.C.
17193) is amended to read as follows:
``SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
``(a) Subsurface Components and Systems.--The Secretary shall
support a program of research, development, demonstration, and
commercial application of components and systems capable of withstanding
geothermal environments and necessary to develop, produce, and monitor
geothermal reservoirs and produce geothermal energy.
``(b) Environmental Impacts.--The Secretary shall--
``(1) support a program of research, development,
demonstration, and commercial application of technologies and
practices designed to mitigate or preclude potential adverse
environmental impacts of geothermal energy development,
production or use;
``(2) support a research program to identify potential
environmental impacts, including induced seismicity, and
environmental benefits of geothermal energy development,
production, and use, and ensure that the program described in
paragraph (1) addresses such impacts, including water use and
effects on groundwater and local hydrology;
``(3) support a program of research to compare the potential
environmental impacts and environmental benefits identified as
part of the development, production, and use of geothermal
energy with the potential emission reductions of greenhouse
gases gained by geothermal energy development, production, and
use; and
``(4) <<NOTE: Consultation.>> in carrying out this section,
the Secretary shall, to the maximum extent practicable, consult
with relevant federal agencies, including the Environmental
Protection Agency.
``(c) Reservoir Thermal Energy Storage.--The Secretary shall support
a program of research, development, and demonstration of reservoir
thermal energy storage, emphasizing cost-effective improvements through
deep direct use engineering, design, and systems research.
``(d) Oil and Gas Technology Transfer Initiative.--
``(1) In general.--The Secretary shall support an initiative
among the Office of Fossil Energy, the Office of Energy
Efficiency and Renewable Energy, and the private sector to
research, develop, and demonstrate relevant advanced
technologies and operation techniques used in the oil and gas
sector for use in geothermal energy development.
``(2) Priorities.--In carrying out paragraph (1), the
Secretary shall prioritize technologies with the greatest
potential to significantly increase the use and lower the cost
of geothermal energy in the United States, including the cost
and speed of geothermal drilling surface technologies, large-
and small-scale drilling, and well construction.
``(e) Coproduction of Geothermal Energy and Minerals Production
Research and Development Initiative.--
``(1) In general.--The Secretary shall carry out a research
and development initiative under which the Secretary shall
provide financial assistance to demonstrate the coproduction of
critical minerals from geothermal resources.
[[Page 134 STAT. 2489]]
``(2) Requirements.--An award made under paragraph (1)
shall--
``(A) improve the cost effectiveness of removing
minerals from geothermal brines as part of the
coproduction process;
``(B) increase recovery rates of the targeted
mineral commodity;
``(C) decrease water use and other environmental
impacts, as determined by the Secretary; and
``(D) demonstrate a path to commercial viability.
``(f) Flexible Operations.--The Secretary shall support a research
initiative on flexible operation of geothermal power plants.
``(g) Integrated Energy Systems.--The Secretary shall identify
opportunities for joint research, development, and demonstration
programs between geothermal systems and other energy generation or
storage systems.
``(h) Drilling Data Repository.--
``(1) <<NOTE: Consultation.>> In general.--The Secretary
shall, in consultation with the Secretary of the Interior,
establish and operate a voluntary, industry-wide repository of
geothermal drilling information to lower the cost of future
geothermal drilling.
``(2) Repository.--
``(A) In general.--In carrying out paragraph (1),
the Secretary shall collaborate with countries utilizing
a significant amount of geothermal energy, as determined
by the Secretary.
``(B) Data system.--The repository established under
paragraph (1) shall be integrated with the National
Geothermal Data System.''.
(d) Enhanced Geothermal Systems Research and Development.--Section
615 of the Energy Independence and Security Act of 2007 (42 U.S.C.
17194) is amended to read as follows:
``SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary shall support a program of
research, development, demonstration, and commercial application for
enhanced geothermal systems, including the programs described in
subsection (b).
``(b) Enhanced Geothermal Systems Technologies.--In collaboration
with industry partners, institutions of higher education, and the
national laboratories, the Secretary shall support a program of
research, development, demonstration, and commercial application of the
technologies to achieve higher efficiency and lower cost enhanced
geothermal systems, including--
``(1) reservoir stimulation;
``(2) drilled, non-stimulated (e.g. closed-loop) reservoir
technologies;
``(3) reservoir characterization, monitoring, and modeling
and understanding of the surface area and volume of fractures;
``(4) stress and fracture mapping including real time
monitoring and modeling;
``(5) tracer development;
``(6) three and four-dimensional seismic imaging and
tomography;
``(7) well placement and orientation;
``(8) long-term reservoir management;
[[Page 134 STAT. 2490]]
``(9) drilling technologies, methods, and tools;
``(10) improved exploration tools;
``(11) zonal isolation; and
``(12) understanding induced seismicity risks from reservoir
engineering and stimulation.
``(c) Frontier Observatory for Research in Geothermal Energy.--
``(1) In general.--The Secretary shall support the
establishment and construction of up to 3 field research sites,
which shall each be known as a `Frontier Observatory for
Research in Geothermal Energy' or `FORGE' site to develop, test,
and enhance techniques and tools for enhanced geothermal energy.
``(2) Duties.--The Secretary shall--
``(A) provide financial assistance in support of
research and development projects focused on advanced
monitoring technologies, new technologies and approaches
for implementing multi-zone stimulations, nonstimulation
techniques, and dynamic reservoir modeling that
incorporates all available high-fidelity
characterization data; and
``(B) seek opportunities to coordinate efforts and
share information with domestic and international
partners engaged in research and development of
geothermal systems and related technology, including
coordination between FORGE sites.
``(3) Site selection.--Of the FORGE sites referred to in
paragraph (1), the Secretary shall--
``(A) consider applications through a competitive,
merit-reviewed process, from National Laboratories,
multi-institutional collaborations, institutes of higher
education and other appropriate entities best suited to
provide national leadership on geothermal related issues
and perform the duties enumerated under this subsection;
``(B) prioritize existing field sites and facilities
with capabilities relevant to the duties enumerated
under this subsection;
``(C) <<NOTE: Determination.>> determine the
mission need for and potential location of subsequent
FORGE sites following the completion of construction and
one year of operation of two FORGE sites; and
``(D) ensure geologic diversity among FORGE sites
when developing subsequent sites, to the maximum extent
practicable.
``(4) Existing forge sites.--A FORGE site already in
existence on the date of enactment of this Act may continue to
receive support.
``(5) Site operation.--
``(A) Initial duration.--FORGE sites selected under
paragraph (3) shall operate for an initial term of not
more than 7 years after the date on which site operation
begins.
``(B) <<NOTE: Determination.>> Performance
metrics.--The Secretary shall establish performance
metrics for each FORGE site supported under this
paragraph, which may be used by the Secretary to
determine whether a FORGE site should continue to
receive funding.
``(6) Additional terms.--
[[Page 134 STAT. 2491]]
``(A) In general.--At the end of an operational term
described in subparagraph (B), a FORGE site may--
``(i) be transferred to other public or
private entities for further enhanced geothermal
testing; or
``(ii) <<NOTE: Time period.>> subject to
appropriations and a merit review by the
Secretary, operate for an additional term of not
more than 7 years.
``(B) Operational term described.--An operational
term referred to in subparagraph (A)--
``(i) in the case of an existing FORGE site,
is the existing operational term; and
``(ii) in the case of new FORGE sites selected
under paragraph (3), is the initial term under
paragraph (5)(A) or an additional term under
subparagraph (A)(ii) of this paragraph.
``(7) Funding.--
``(A) In general.--Out of funds authorized to be
appropriated under section 623, there shall be made
available to the Secretary to carry out the FORGE
activities under this paragraph--
``(i) $45,000,000 for fiscal year 2021;
``(ii) $55,000,000 for fiscal year 2022;
``(iii) $65,000,000 for fiscal year 2023;
``(iv) $70,000,000 for fiscal year 2024; and
``(v) $70,000,000 for fiscal year 2025.
``(B) Considerations.--In carrying out this
subsection, the Secretary shall consider the balance
between funds dedicated to construction and operations
and research activities to reflect the state of site
development.
``(d) Enhanced Geothermal Systems Demonstrations.--
``(1) <<NOTE: Effective date.>> In general.--Beginning on
the date of enactment of this section, the Secretary, in
collaboration with industry partners, institutions of higher
education, and the national laboratories, shall support an
initiative for demonstration of enhanced geothermal systems for
power production or direct use.
``(2) Projects.--
``(A) <<NOTE: Determination.>> In general.--Under
the initiative described in paragraph (1), 4
demonstration projects shall be carried out in locations
that are potentially commercially viable for enhanced
geothermal systems development, while also considering
environmental impacts to the maximum extent practicable,
as determined by the Secretary.
``(B) Requirements.--Demonstration projects under
subparagraph (A) shall--
``(i) collectively demonstrate--
``(I) different geologic settings,
such as hot sedimentary aquifers,
layered geologic systems, supercritical
systems, and basement rock systems; and
``(II) a variety of development
techniques, including open hole and
cased hole completions, differing well
orientations, and stimulation and
nonstimulation mechanisms; and
``(ii) to the extent practicable, use existing
sites where subsurface characterization or
geothermal energy integration analysis has been
conducted.
[[Page 134 STAT. 2492]]
``(C) Eastern demonstration.--Not fewer than 1 of
the demonstration projects carried out under
subparagraph (A) shall be located an area east of the
Mississippi River that is suitable for enhanced
geothermal demonstration for power, heat, or a
combination of power and heat.
``(D) Milestone-based demonstration projects.--The
Secretary may carry out demonstration projects under
this subsection as a milestone-based demonstration
project under section 9005 of the Energy Act of 2020.
``(3) Funding.--Out of funds authorized to be appropriated
under section 623, there shall be made available to the
Secretary to carry out the demonstration activities under this
subsection $21,000,000 for each of fiscal years 2021 through
2025.''.
(e) Geothermal Heat Pumps and Direct Use.--
(1) In general.--Title VI of the Energy Independence and
Security Act of 2007 is amended by inserting after section 616
(42 U.S.C. 17195) the following:
``SEC. 616A. <<NOTE: 42 USC 17195a.>> GEOTHERMAL HEAT PUMPS AND
DIRECT USE RESEARCH AND DEVELOPMENT.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the understanding of related earth
sciences, components, processes, and systems used for geothermal
heat pumps and the direct use of geothermal energy; and
``(2) to increase the energy efficiency, lower the cost,
increase the use, and improve and demonstrate the effectiveness
of geothermal heat pumps and the direct use of geothermal
energy.
``(b) Definitions.--In this section:
``(1) Direct use of geothermal energy.--The term `direct use
of geothermal energy' means geothermal systems that use water
directly or through a heat exchanger to provide--
``(A) heating and cooling to buildings, commercial
districts, residential communities, and large municipal,
or industrial projects; or
``(B) heat required for industrial processes,
agriculture, aquaculture, and other facilities.
``(2) Economically distressed area.--The term `economically
distressed area' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).
``(3) Geothermal heat pump.--The term `geothermal heat pump'
means a system that provides heating and cooling by exchanging
heat from shallow geology, groundwater, or surface water using--
``(A) a closed loop system, which transfers heat by
way of buried or immersed pipes that contain a mix of
water and working fluid; or
``(B) an open loop system, which circulates ground
or surface water directly into the building and returns
the water to the same aquifer or surface water source.
``(c) Program.--
``(1) In general.--The Secretary shall support within the
Geothermal Technologies Office a program of research,
development, and demonstration for geothermal heat pumps and the
direct use of geothermal energy.
[[Page 134 STAT. 2493]]
``(2) Areas.--The program under paragraph (1) may include
research, development, demonstration, and commercial application
of--
``(A) geothermal ground loop efficiency
improvements, cost reductions, and improved installation
and operations methods;
``(B) the use of geothermal energy for building-
scale energy storage;
``(C) the use of geothermal energy as a grid
management resource or seasonal energy storage;
``(D) geothermal heat pump efficiency improvements;
``(E) the use of alternative fluids as a heat
exchange medium, such as hot water found in mines and
mine shafts, graywater, or other fluids that may improve
the economics of geothermal heat pumps;
``(F) heating of districts, neighborhoods,
communities, large commercial or public buildings, and
industrial and manufacturing facilities;
``(G) the use of low temperature groundwater for
direct use; and
``(H) system integration of direct use with
geothermal electricity production.
``(3) Environmental impacts.--In carrying out the program,
the Secretary shall identify and mitigate potential
environmental impacts in accordance with section 614(b).
``(d) Financial Assistance.--
``(1) In general.--The Secretary shall carry out the program
established in subsection (c) by making financial assistance
available to State, local, and Tribal governments, institutions
of higher education, nonprofit entities, National Laboratories,
utilities, and for-profit companies.
``(2) <<NOTE: Determination.>> Priority.--In providing
financial assistance under this subsection, the Secretary may
give priority to proposals that apply to large buildings,
commercial districts, and residential communities that are
located in economically distressed areas and areas that the
Secretary determines to have high economic potential for
geothermal district heating based on the report, `Geovision:
Harnessing the Heat Beneath our Feet' published by the
Department in 2019, or a successor report.''.
(2) Conforming amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
amended in the table of contents by inserting after the item
relating to section 616 the following:
``Sec. 616A. Geothermal heat pumps and direct use research and
development.''.
(f) Organization and Administration of Programs.--
(1) In general.--Section 617 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17196) is amended--
(A) by striking the section heading and inserting
``<SUP>organization</SUP> and</SUP> administration</SUP>
of</SUP> programs</SUP>'';
(B) in subsection (b), by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively; and
(C) by adding at the end the following:
``(c) Education and Outreach.--In carrying out the activities
described in this subtitle, the Secretary shall support education and
outreach activities to disseminate information on geothermal
[[Page 134 STAT. 2494]]
energy technologies and the geothermal energy workforce, including
activities at the Frontier Observatory for Research in Geothermal Energy
site or sites.
``(d) Technical Assistance.--In carrying out this subtitle, the
Secretary shall also conduct technical assistance and analysis
activities with eligible entities for the purpose of supporting the
commercial application of advances in geothermal energy systems
development and operations, which may include activities that support
expanding access to advanced geothermal energy technologies for rural,
Tribal, and low-income communities.
``(e) Report.--Every 5 years after the date of enactment of this
subsection, the Secretary shall report to the Committee on Science and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate on advanced concepts and
technologies to maximize the geothermal resource potential of the United
States.
``(f) Progress Reports.--Not later than 1 year after the date of
enactment of this subsection, and every 2 years thereafter, the
Secretary shall submit to the Committee on Science and Technology of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the results of projects undertaken
under this part and other such information the Secretary considers
appropriate.''.
(2) Conforming amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
amended in the table of contents by amending the item related to
section 617 to read as follows:
``Sec. 617. Organization and administration of programs.''.
(g) Advanced Geothermal Computing and Data Science Research and
Development.--
(1) In general.--Section 618 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17197) is amended to read as
follows:
``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE
RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary shall carry out a program of
research and development of advanced computing and data science tools
for geothermal energy.
``(b) Programs.--The program authorized in subsection (a) shall
include the following:
``(1) Advanced computing for geothermal systems
technologies.--Research, development, and demonstration of
technologies to develop advanced data, machine learning,
artificial intelligence, and related computing tools to assist
in locating geothermal resources, to increase the reliability of
site characterization, to increase the rate and efficiency of
drilling, to improve induced seismicity mitigation, and to
support enhanced geothermal systems technologies.
``(2) Geothermal systems reservoir modeling.--Research,
development, and demonstration of models of geothermal reservoir
performance and enhanced geothermal systems reservoir
stimulation technologies and techniques, with an emphasis on
accurately modeling fluid and heat flow, permeability evolution,
geomechanics, geochemistry, seismicity, and
[[Page 134 STAT. 2495]]
operational performance over time, including collaboration with
industry and field validation.
``(c) <<NOTE: Consultation.>> Coordination.--In carrying out these
programs, the Secretary shall ensure coordination and consultation with
the Department of Energy's Office of Science. The Secretary shall
ensure, to the maximum extent practicable, coordination of these
activities with the Department of Energy National Laboratories,
institutes of higher education, and the private sector.''.
(2) Conforming amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
amended in the table of contents by amending the item related to
section 618 to read as follows:
``Sec. 618. Advanced geothermal computing and data science research and
development.''.
(h) Geothermal Workforce Development.--
(1) In general.--Section 619 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17198) is amended to read as
follows:
``SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.
``The Secretary shall support the development of a geothermal energy
workforce through a program that--
``(1) facilitates collaboration between university students
and researchers at the National Laboratories; and
``(2) prioritizes science in areas relevant to the mission
of the Department through the application of geothermal energy
tools and technologies.''.
(2) Conforming amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
amended in the table of contents by amending the item related to
section 619 to read as follows:
``Sec. 619. Geothermal workforce development.''.
(i) Repeals.--
(1) EISA repeal.--Subtitle B of title VI of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191 et
seq.) <<NOTE: 42 USC 17199, 17200.>> is amended by striking
sections 620 and 621.
(2) Conforming amendment.--Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
amended in the table of contents by striking the item related to
section 620 and 621.
(3) Additional repeal.--The Geothermal Energy Research,
Development, and Demonstration Act of 1974 (30 U.S.C. 1101 et
seq.) <<NOTE: 30 USC 1101 and note, 1102, 1121-1126, 1141-
1147, 1161-1164.>> is repealed.
(j) Authorization of Appropriations.--Section 623 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17202) is amended to
read as follows:
``SEC. 623. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out the programs under this subtitle $170,000,000 for each of fiscal
years 2021 through 2025.''.
(k) International Geothermal Energy Development.--Section 624 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17203) is
amended--
(1) by amending subsection (a) to read as follows:
[[Page 134 STAT. 2496]]
``(a) <<NOTE: Coordination.>> In General.--The Secretary of Energy,
in coordination with other appropriate Federal and multilateral agencies
(including the United States Agency for International Development) shall
support collaborative efforts with international partners to promote the
research, development, and demonstration of geothermal technologies used
to develop hydrothermal and enhanced geothermal system resources.''; and
(2) by striking subsection (c).
(l) Reauthorization of High Cost Region Geothermal Energy Grant
Program.--Section 625 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17204) is amended--
(1) in subsection (a)(2), by inserting ``or heat'' after
``electrical power''; and
(2) by amending subsection (e) to read as follows:
``(e) Authorization of Appropriations.--Out of funds authorized
under section 623, there is authorized to be appropriated to carry out
this section $5,000,000 for each of fiscal years 2021 through 2025.''.
(m) Update to Geothermal Resource Assessment.--Section 2501 of the
Energy Policy Act of 1992 (30 U.S.C. 1028) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (d), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Enhanced Geothermal Systems.--In this section,
the term `enhanced geothermal systems' has the meaning given the term in
section 612 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17191).'';
(3) by inserting after subsection (b) (as so redesignated)
the following:
``(c) <<NOTE: Consultation.>> Update to Geothermal Resource
Assessment.--The Secretary of the Interior, acting through the United
States Geological Survey, and in consultation with the Secretary of
Energy, shall update the 2008 United States geothermal resource
assessment carried out by the United States Geological Survey,
including--
``(1) with respect to areas previously identified by the
Department of Energy or the United States Geological Survey as
having significant potential for hydrothermal energy or enhanced
geothermal systems energy, by focusing on--
``(A) improving the resolution of resource potential
at systematic temperatures and depths, including
temperatures and depths appropriate for power generation
and direct use applications;
``(B) quantifying the total potential to coproduce
geothermal energy and minerals;
``(C) incorporating data relevant to underground
thermal energy storage and exchange, such as aquifer and
soil properties; and
``(D) producing high resolution maps, including--
``(i) maps that indicate key subsurface
parameters for electric and direct use resources;
and
``(ii) risk maps for induced seismicity based
on geologic, geographic, and operational
parameters; and
``(2) <<NOTE: Coordination.>> to the maximum extent
practicable, by coordinating with relevant State officials and
institutions of higher education to expand geothermal
assessments, including enhanced geothermal systems assessments,
to include assessments for the
[[Page 134 STAT. 2497]]
Commonwealth of Puerto Rico and the States of Alaska and
Hawaii.''; and
(4) in subsection (d) (as so redesignated), by striking
``necesary'' and inserting ``necessary''.
(n) Modifying the Definition of Renewable Energy to Include Thermal
Energy.--
(o) Modifying the Definition of Renewable Energy to Include Thermal
Energy.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852)
is amended--
(1) in subsection (b)(2), by striking ``generated'' and
inserting ``produced''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For purposes'' and
inserting the following:
``(1) In general.--For purposes''; and
(C) by adding at the end the following:
``(2) Separate calculation.--
``(A) In general.--For purposes of determining
compliance with the requirement of this section, any
energy consumption that is avoided through the use of
geothermal energy shall be considered to be renewable
energy produced.
``(B) Efficiency accounting.--Energy consumption
that is avoided through the use of geothermal energy
that is considered to be renewable energy under this
section shall not be considered energy efficiency for
the purpose of compliance with Federal energy efficiency
goals, targets, and incentives.''.
SEC. 3003. <<NOTE: 42 USC 16237.>> WIND ENERGY RESEARCH AND
DEVELOPMENT.
(a) Definitions.--In this section:
(1) Critical material.--The term ``critical material'' has
the meaning given the term in section 7002 of this Act.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education, including a
minority-serving institution;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or
freely associated state;
(F) a Tribal energy development organization;
(G) an Indian Tribe;
(H) a Tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the
Secretary; and
[[Page 134 STAT. 2498]]
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Institution of higher education.--The term ``institution
of higher education'' means--
(A) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); or
(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))).
(6) Minority serving institution.--The term ``minority-
serving institution'' has the meaning given the term ``eligible
institution'' in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
(8) Native hawaiian community-based organization.--The term
``Native Hawaiian community-based organization'' has the meaning
given the term in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517).
(9) Program.--The term ``program'' means the program
established under subsection (b)(1).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Territory or freely associated state.--The term
``territory or freely associated state'' has the meaning given
the term ``insular area'' in section 1404 of the Food and
Agriculture Act of 1977 (7 U.S.C. 3103).
(12) Tribal energy development organization.--The term
``Tribal energy development organization'' has the meaning given
the term ``tribal energy development organization'' in section
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
(13) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Wind Energy Technology Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a
program to conduct research, development, demonstration,
and commercialization of wind energy technologies in
accordance with this subsection.
(B) Purposes.--The purposes of the program are the
following:
(i) To improve the energy efficiency, cost
effectiveness, reliability, resilience, security,
siting, integration, manufacturability,
installation, decommissioning, and recyclability
of wind energy technologies.
(ii) To optimize the performance and operation
of wind energy components, turbines, and systems,
including through the development of new
materials, hardware, and software.
[[Page 134 STAT. 2499]]
(iii) To optimize the design and adaptability
of wind energy technologies to the broadest
practical range of geographic, atmospheric,
offshore, and other site conditions, including--
(I) at varying hub heights; and
(II) through the use of computer
modeling.
(iv) To support the integration of wind energy
technologies with the electric grid and other
energy technologies and systems.
(v) To reduce the cost, risk, and other
potential negative impacts across the lifespan of
wind energy technologies, including--
(I) manufacturing, siting,
permitting, installation, operations,
maintenance, decommissioning, and
recycling; and
(II) through the development of
solutions to transportation barriers to
wind components.
(vi) To reduce and mitigate potential negative
impacts of wind energy technologies on human
communities, the environment, or commerce.
(vii) To address barriers to the
commercialization and export of wind energy
technologies.
(viii) To support the domestic wind industry,
workforce, and supply chain.
(C) <<NOTE: Deadline. Time periods.>> Targets.--Not
later than 180 days after the date of enactment of this
Act, the Secretary shall establish targets for the
program relating to near-term (up to 2 years), mid-term
(up to 7 years), and long-term (up to 15 years)
challenges to the advancement of wind energy
technologies, including onshore, offshore, distributed,
and off-grid technologies.
(2) Activities.--
(A) Types of activities.--In carrying out the
program, the Secretary shall carry out research,
development, demonstration, and commercialization
activities, including--
(i) awarding grants and awards, on a
competitive, merit-reviewed basis;
(ii) performing precompetitive research and
development;
(iii) establishing or maintaining
demonstration facilities and projects, including
through stewardship of existing facilities such as
the National Wind Test Center;
(iv) providing technical assistance;
(v) entering into contracts and cooperative
agreements;
(vi) providing small business vouchers;
(vii) establishing prize competitions;
(viii) conducting education and outreach
activities;
(ix) conducting professional development
activities; and
(x) conducting analyses, studies, and reports.
(B) Subject areas.--The Secretary shall carry out
research, development, demonstration, and
commercialization activities in the following subject
areas:
(i) Wind power plant siting, performance,
operations, and security.
[[Page 134 STAT. 2500]]
(ii) New materials and designs relating to all
hardware, software, and components of wind energy
technologies, including technologies and
strategies that reduce the use of energy, water,
critical materials, and other commodities that are
determined to be vulnerable to disruption.
(iii) Advanced wind energy manufacturing and
installation technologies and practices, including
materials, processes, such as onsite or near site
manufacturing, and design.
(iv) Offshore wind-specific projects and
plants, including--
(I) fixed and floating substructure
systems, materials, and components;
(II) the operation of offshore
facilities, such as--
(aa) an offshore research
facility to conduct research for
oceanic, biological, geological,
and atmospheric resource
characterization relevant to
offshore wind energy development
in coordination with the ocean
and atmospheric science
communities; and
(bb) an offshore support
structure testing facility to
conduct development,
demonstration, and
commercialization of large-scale
and full-scale offshore wind
energy support structure
components and systems;
(III) the monitoring and analysis of
site and environmental considerations
unique to offshore sites, including
freshwater environments.
(v) Integration of wind energy technologies
with--
(I) the electric grid, including
transmission, distribution, microgrids,
and distributed energy systems; and
(II) other energy technologies,
including--
(aa) other generation
sources;
(bb) demand response
technologies; and
(cc) energy storage
technologies.
(vi) Methods to improve the lifetime,
maintenance, decommissioning, recycling, reuse,
and sustainability of wind energy components and
systems, including technologies and strategies to
reduce the use of energy, water, critical
materials, and other valuable or harmful inputs.
(vii) Wind power forecasting and atmospheric
measurement systems, including for turbines and
plant systems of varying height.
(viii) Integrated wind energy systems, grid-
connected and off-grid, that incorporate diverse--
(I) generation sources;
(II) loads; and
(III) storage technologies.
(ix) Reducing market barriers, including non-
hardware and information-based barriers, to the
adoption of wind energy technologies, such as
impacts on, or challenges relating to--
[[Page 134 STAT. 2501]]
(I) distributed wind technologies,
including the development of best
practices, models, and voluntary
streamlined processes for local siting
and permitting of distributed wind
energy systems to reduce costs;
(II) airspace;
(III) military operations;
(IV) radar;
(V) local communities, with special
consideration given to economically
distressed areas, previously disturbed
lands such as landfills and former
mines, and other areas
disproportionately impacted by
environmental pollution;
(VI) wildlife and wildlife habitats;
and
(VII) <<NOTE: Determination.>> any
other appropriate matter, as determined
by the Secretary.
(x) Technologies or strategies to avoid,
minimize, and offset the potential impacts of wind
energy facilities on bird species, bat species,
marine wildlife, and other sensitive species and
habitats.
(xi) <<NOTE: Coordination.>> Advanced
physics-based and data analysis computational
tools, in coordination with the high-performance
computing programs of the Department, to more
efficiently design, site, permit, manufacture,
install, operate, decommission, and recycle wind
energy systems.
(xii) Technologies for distributed wind,
including micro, small, and medium turbines and
the components of those turbines and their
microgrid applications.
(xiii) Transformational technologies for
harnessing wind energy.
(xiv) <<NOTE: Determination.>> Other research
areas that advance the purposes of the program, as
determined by the Secretary.
(C) Prioritization.--In carrying out activities
under the program, the Secretary shall, to the maximum
extent practicable, give special consideration to--
(i) projects that--
(I) are located in a geographically
diverse range of eligible entities;
(II) support the development or
demonstration of projects--
(aa) in economically
distressed areas and areas
disproportionately impacted by
pollution; and
(bb) that provide the
greatest potential to reduce
energy costs, as well as promote
accessibility and community
implementation of demonstrated
technologies;
(III) can be replicated in a variety
of regions and climates;
(IV) include business
commercialization plans that have the
potential for--
(aa) domestic manufacturing
and production of wind energy
technologies; or
(bb) exports of wind energy
technologies; and
[[Page 134 STAT. 2502]]
(V) are carried out in collaboration
with Tribal energy development
organizations, Indian Tribes, Tribal
organizations, Native Hawaiian
community-based organizations, minority-
serving institutions, or territories or
freely associated States; and
(ii) with regards to professional development,
activities that expand the number of individuals
from underrepresented groups pursuing and
attaining skills relevant to wind energy.
(D) Coordination.--To the maximum extent
practicable, the Secretary shall coordinate activities
under the program with other relevant programs and
capabilities of the Department and other Federal
research programs.
(E) <<NOTE: Determination.>> Use of funds.--To the
extent that funding is not otherwise available through
other Federal programs or power purchase agreements,
funding awarded for demonstration projects may be used
for additional nontechnology costs, as determined to be
appropriate by the Secretary, such as engineering or
feasibility studies.
(F) <<NOTE: Time period.>> Solicitation.--Not less
than once every two years, the Secretary shall conduct a
national solicitation for applications for demonstration
projects under this section.
(G) Report.--
(i) In general.--Not later than 180 days after
the date of the enactment of this Act, the
Secretary shall submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and
Natural Resources of the Senate a report on the
potential for, and technical viability of,
airborne wind energy systems to provide a
significant source of energy in the United States.
(ii) <<NOTE: Summary. Time period. Effective
date.>> Contents.--The report under paragraph (1)
shall include a summary of research, development,
demonstration, and commercialization needs,
including an estimate of Federal funding
requirements, to further examine and validate the
technical and economic viability of airborne wind
energy concepts over the 10-year period beginning
on the date of the enactment of this Act.
(3) Wind technician training grant program.--The Secretary
may award grants, on a competitive basis, to eligible entities
to purchase large pieces of wind component equipment, such as
nacelles, towers, and blades, for use in training wind
technician students in onshore or offshore wind applications.
(4) Wind energy technology recycling research, development,
and demonstration program.--
(A) In general.--In addition to the program
activities described in paragraph (2), in carrying out
the program, the Secretary shall award financial
assistance to eligible entities for research,
development, and demonstration, and commercialization
projects to create innovative and practical approaches
to increase the reuse and recycling of wind energy
technologies, including--
(i) by increasing the efficiency and cost
effectiveness of the recovery of raw materials
from wind energy technology components and
systems, including enabling technologies such as
inverters;
[[Page 134 STAT. 2503]]
(ii) by minimizing potential environmental
impacts from the recovery and disposal processes;
(iii) by advancing technologies and processes
for the disassembly and recycling of wind energy
devices;
(iv) by developing alternative materials,
designs, manufacturing processes, and other
aspects of wind energy technologies and the
disassembly and resource recovery process that
enable efficient, cost effective, and
environmentally responsible disassembly of, and
resource recovery from, wind energy technologies;
and
(v) strategies to increase consumer acceptance
of, and participation in, the recycling of wind
energy technologies.
(B) <<NOTE: Public information.>> Dissemination of
results.--The Secretary shall make available to the
public and the relevant committees of Congress the
results of the projects carried out through financial
assistance awarded under subparagraph (A), including--
(i) development of best practices or training
materials for use in the wind energy technology
manufacturing, design, installation,
decommissioning, or recycling industries;
(ii) dissemination at industry conferences;
(iii) <<NOTE: Coordination.>> coordination
with information dissemination programs relating
to recycling of electronic devices in general;
(iv) demonstration projects; and
(v) educational materials.
(C) Priority.--In carrying out the activities
authorized under this subsection, the Secretary shall
give special consideration to projects that recover
critical materials.
(D) Sensitive information.--In carrying out the
activities authorized under this subsection, the
Secretary shall ensure proper security controls are in
place to protect proprietary or sensitive information,
as appropriate.
(5) Wind energy technology materials physical property
database.--
(A) <<NOTE: Deadline.>> In general.--Not later than
September 1, 2022, the Secretary shall establish a
comprehensive physical property database of materials
for use in wind energy technologies, which shall
identify the type, quantity, country of origin, source,
significant uses, projected availability, and physical
properties of materials used in wind energy
technologies.
(B) Coordination.--In establishing the database
described in subparagraph (A), the Secretary shall
coordinate and, to the extent practicable, avoid
duplication with--
(i) other Department activities, including
those carried out by the Office of Science;
(ii) the Director of the National Institute of
Standards and Technology;
(iii) the Administrator of the Environmental
Protection Agency;
(iv) the Secretary of the Interior; and
(v) relevant industry stakeholders, as
determined by the Secretary.
(6) Wind energy program strategic vision.--
[[Page 134 STAT. 2504]]
(A) <<NOTE: Deadline. Time period. Assessments.>>
In general.--Not later than September 1, 2022, and every
6 years thereafter, the Secretary shall submit to
Congress a report on the strategic vision, progress,
goals, and targets of the program, including assessments
of wind energy markets and manufacturing.
(B) <<NOTE: Coordination.>> Preparation.--The
Secretary shall coordinate the preparation of the report
under subparagraph (A) with--
(i) existing peer review processes;
(ii) studies conducted by the National
Laboratories; and
(iii) the multiyear program planning required
under section 994 of the Energy Policy Act of 2005
(42 U.S.C. 16358).
(7) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out the program
$125,000,000 for each of fiscal years 2021 through 2025.
SEC. 3004. <<NOTE: 42 US 16238.>> SOLAR ENERGY RESEARCH AND
DEVELOPMENT.
(a) Definitions.--In this section:
(1) Critical material.--The term ``critical material'' has
the meaning given the term in section 7002 of this Act.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education, including a
minority-serving institution;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or
freely associated state;
(F) a Tribal energy development organization;
(G) an Indian Tribe;
(H) a Tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the
Secretary; and
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(6) Minority-serving institution.--The term ``minority-
serving institution'' has the meaning given the term ``eligible
institution'' in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
[[Page 134 STAT. 2505]]
(8) Native hawaiian community-based organization.--The term
``Native Hawaiian community-based organization'' has the meaning
given the term in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517).
(9) Photovoltaic device.--The term ``photovoltaic device''
means--
(A) a device that converts light directly into
electricity through a solid-state, semiconductor
process;
(B) the photovoltaic cells of a device described in
subparagraph (A); and
(C) the electronic and electrical components of a
device described in subparagraph (A).
(10) Program.--The term ``program'' means the program
established under subsection (b)(1)(A).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) Solar energy.--The term ``solar energy'' means--
(A) thermal or electric energy derived from
radiation from the Sun; or
(B) energy resulting from a chemical reaction caused
by radiation recently originated in the Sun.
(13) Territory or freely associated state.--The term
``territory or freely associated state'' has the meaning given
the term ``insular area'' in section 1404 of the Food and
Agriculture Act of 1977 (7 U.S.C. 3103).
(14) Tribal energy development organization.--The term
``Tribal energy development organization'' has the meaning given
the term ``tribal energy development organization'' in section
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
(15) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Solar Energy Technology Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a
program to conduct research, development, demonstration,
and commercialization of solar energy technologies in
accordance with this subsection.
(B) Purposes.--The purposes of the program are the
following:
(i) To improve the energy efficiency, cost
effectiveness, reliability, resilience, security,
siting, integration, manufacturability,
installation, decommissioning, and recyclability
of solar energy technologies.
(ii) To optimize the performance and operation
of solar energy components, cells, and systems,
and enabling technologies, including through the
development of new materials, hardware, and
software.
(iii) To optimize the design and adaptability
of solar energy systems to the broadest practical
range of geographic and atmospheric conditions.
(iv) To support the integration of solar
energy technologies with the electric grid and
complementary energy technologies.
[[Page 134 STAT. 2506]]
(v) To create and improve the conversion of
solar energy to other useful forms of energy or
other products.
(vi) To reduce the cost, risk, and other
potential negative impacts across the lifespan of
solar energy technologies, including
manufacturing, siting, permitting, installation,
operations, maintenance, decommissioning, and
recycling.
(vii) To reduce and mitigate potential life
cycle negative impacts of solar energy
technologies on human communities, wildlife, and
wildlife habitats.
(viii) To address barriers to the
commercialization and export of solar energy
technologies.
(ix) To support the domestic solar industry,
workforce, and supply chain.
(C) <<NOTE: Deadline. Time periods.>> Targets.--Not
later than 180 days after the date of enactment of this
Act, the Secretary shall establish targets for the
program to address near-term (up to 2 years), mid-term
(up to 7 years), and long-term (up to 15 years)
challenges to the advancement of all types of solar
energy systems.
(2) Activities.--
(A) Types of activities.--In carrying out the
program, the Secretary shall carry out research,
development, demonstration, and commercialization
activities, including--
(i) awarding grants and awards, on a
competitive, merit-reviewed basis;
(ii) performing precompetitive research and
development;
(iii) establishing or maintaining
demonstration facilities and projects, including
through stewardship of existing facilities;
(iv) providing technical assistance;
(v) entering into contracts and cooperative
agreements;
(vi) providing small business vouchers;
(vii) establishing prize competitions;
(viii) conducting education and outreach
activities;
(ix) conducting workforce development
activities; and
(x) conducting analyses, studies, and reports.
(B) Subject areas.--The Secretary shall carry out
research, development, demonstration, and
commercialization activities in the following subject
areas:
(i) Advanced solar energy technologies of
varying scale and power production, including--
(I) new materials, components,
designs, and systems, including
perovskites, cadmium telluride, and
organic materials;
(II) advanced photovoltaic and thin-
film devices;
(III) concentrated solar power;
(IV) solar heating and cooling; and
(V) enabling technologies for solar
energy systems, including hardware and
software.
(ii) Solar energy technology siting,
performance, installation, operations, resilience,
and security.
[[Page 134 STAT. 2507]]
(iii) Integration of solar energy technologies
with--
(I) the electric grid, including
transmission, distribution, microgrids,
and distributed energy systems;
(II) other energy technologies,
including--
(aa) other generation
sources;
(bb) demand response
technologies; and
(cc) energy storage
technologies; and
(III) other applications, such as in
the agriculture, transportation,
buildings, industrial, and fuels
sectors.
(iv) Advanced solar energy manufacturing
technologies and practices, including materials,
processes, and design.
(v) Methods to improve the lifetime,
maintenance, decommissioning, recycling, reuse,
and sustainability of solar energy components and
systems, including technologies and strategies
that reduce the use of energy, water, critical
materials, and other commodities that are
determined to be vulnerable to disruption.
(vi) Solar energy forecasting, modeling, and
atmospheric measurement systems, including for
small-scale, large-scale, and aggregated systems.
(vii) Integrated solar energy systems that
incorporate diverse--
(I) generation sources;
(II) loads; and
(III) storage technologies.
(viii) Reducing market barriers, including
nonhardware and information-based barriers, to the
adoption of solar energy technologies, including
impacts on, or challenges relating to--
(I) distributed and community solar
technologies, including the development
of best practices, models, and voluntary
streamlined processes for local siting
and permitting of distributed solar
energy systems to reduce costs;
(II) local communities, with special
consideration given to economically
distressed areas, previously disturbed
lands such as landfills and former
mines, and other areas
disproportionately impacted by
environmental pollution;
(III) wildlife and wildlife
habitats; and
(IV) <<NOTE: Determination.>> any
other appropriate matter, as determined
by the Secretary.
(ix) Transformational technologies for
harnessing solar energy.
(x) <<NOTE: Determination.>> Other research
areas that advance the purposes of the program, as
determined by the Secretary.
(C) Prioritization.--In carrying out activities
under the program, the Secretary shall, to the maximum
extent practicable, give priority to projects that--
(i) are located in a geographically diverse
range of eligible entities;
(ii) support the development or demonstration
of projects--
[[Page 134 STAT. 2508]]
(I) in economically distressed areas
and areas disproportionately impacted by
pollution; or
(II) that provide the greatest
potential to reduce energy costs, as
well as promote accessibility and
community implementation of demonstrated
technologies;
(iii) can be replicated in a variety of
regions and climates;
(iv) include business commercialization plans
that have the potential for--
(I) domestic manufacturing and
production of solar energy technologies;
or
(II) exports of solar energy
technologies;
(v) are carried out in collaboration with
Tribal energy development organizations, Indian
Tribes, Tribal organizations, Native Hawaiian
community-based organizations, minority-serving
institutions, or territories or freely associated
States; and
(vi) with regards to workforce development,
activities that expand the number of individuals
from underrepresented groups pursuing and
attaining skills relevant to solar energy.
(D) Coordination.--To the maximum extent
practicable, the Secretary shall coordinate activities
under the program with other relevant programs and
capabilities of the Department and other Federal
research programs.
(E) Use of funds.--To the extent that funding is not
otherwise available through other Federal programs or
power purchase agreements, funding awarded for
demonstration projects may be used for additional
nontechnology costs, as determined to be appropriate by
the Secretary, such as engineering or feasibility
studies.
(F) <<NOTE: Deadline.>> Solicitation.--Not less
than once every two years, the Secretary shall conduct a
national solicitation for applications for demonstration
projects under this section.
(3) Advanced solar energy manufacturing initiative.--
(A) Grants.--In addition to the program activities
described in paragraph (2), in carrying out the program,
the Secretary shall award financial assistance to
eligible entities for research, development,
demonstration, and commercialization projects to advance
new solar energy manufacturing technologies and
techniques.
(B) Priority.--In awarding grants under subparagraph
(A), to the extent practicable, the Secretary shall give
priority to solar energy manufacturing projects that--
(i) increase efficiency and cost effectiveness
in--
(I) the manufacturing process; and
(II) the use of resources, such as
energy, water, and critical materials;
(ii) support domestic supply chains for
materials and components;
(iii) identify and incorporate nonhazardous
alternative materials for components and devices;
(iv) operate in partnership with Tribal energy
development organizations, Indian Tribes, Tribal
organizations, Native Hawaiian community-based
[[Page 134 STAT. 2509]]
organizations, minority-serving institutions, or
territories or freely associated states; or
(v) are located in economically distressed
areas.
(C) <<NOTE: Deadline. Time period. Public
information.>> Evaluation.--Not later than 3 years
after the date of enactment of this Act, and every 4
years thereafter, the Secretary shall conduct, and make
available to the public and the relevant committees of
Congress, an independent review of the progress of the
grants awarded under subparagraph (A).
(4) Solar energy technology recycling research, development,
and demonstration program.--
(A) In general.--In addition to the program
activities described in paragraph (2), in carrying out
the program, the Secretary shall award financial
assistance to eligible entities for research,
development, demonstration, and commercialization
projects to create innovative and practical approaches
to increase the reuse and recycling of solar energy
technologies, including--
(i) by increasing the efficiency and cost
effectiveness of the recovery of raw materials
from solar energy technology components and
systems, including enabling technologies such as
inverters;
(ii) by minimizing potential environmental
impacts from the recovery and disposal processes;
(iii) by advancing technologies and processes
for the disassembly and recycling of solar energy
devices;
(iv) by developing alternative materials,
designs, manufacturing processes, and other
aspects of solar energy technologies and the
disassembly and resource recovery process that
enable efficient, cost effective, and
environmentally responsible disassembly of, and
resource recovery from, solar energy technologies;
and
(v) strategies to increase consumer acceptance
of, and participation in, the recycling of
photovoltaic devices.
(B) <<NOTE: Public information.>> Dissemination of
results.--The Secretary shall make available to the
public and the relevant committees of Congress the
results of the projects carried out through financial
assistance awarded under subparagraph (A), including--
(i) development of best practices or training
materials for use in the photovoltaics
manufacturing, design, installation, refurbishing,
disposal, or recycling industries;
(ii) dissemination at industry conferences;
(iii) coordination with information
dissemination programs relating to recycling of
electronic devices in general;
(iv) demonstration projects; and
(v) educational materials.
(C) Priority.--In carrying out the activities
authorized under this subsection, the Secretary shall
give special consideration to projects that recover
critical materials.
(D) Sensitive information.--In carrying out the
activities authorized under this subsection, the
Secretary shall ensure proper security controls are in
place to protect proprietary or sensitive information,
as appropriate.
[[Page 134 STAT. 2510]]
(5) Solar energy technology materials physical property
database.--
(A) <<NOTE: Deadline.>> In general.--Not later than
September 1, 2022, the Secretary shall establish a
comprehensive physical property database of materials
for use in solar energy technologies, which shall
identify the type, quantity, country of origin, source,
significant uses, projected availability, and physical
properties of materials used in solar energy
technologies.
(B) Coordination.--In establishing the database
described in subparagraph (A), the Secretary shall
coordinate with--
(i) other Department activities, including
those carried out by the Office of Science;
(ii) the Director of the National Institute of
Standards and Technology;
(iii) the Administrator of the Environmental
Protection Agency;
(iv) the Secretary of the Interior; and
(v) <<NOTE: Determination.>> relevant
industry stakeholders, as determined by the
Secretary.
(6) Solar energy technology program strategic vision.--
(A) <<NOTE: Deadline. Time period.>> In general.--
Not later than September 1, 2022, and every 6 years
thereafter, the Secretary shall submit to Congress a
report on the strategic vision, progress, goals, and
targets of the program, including assessments of solar
energy markets and manufacturing.
(B) <<NOTE: Study.>> Inclusion.--As a part of the
report described in subparagraph (A), the Secretary
shall include a study that examines the viable market
opportunities available for solar energy technology
manufacturing in the United States, including--
(i) a description of--
(I) the ability to competitively
manufacture solar technology in the
United States, including the manufacture
of--
(aa) new and advanced
materials, such as cells made
with new, high efficiency
materials;
(bb) solar module equipment
and enabling technologies,
including smart inverters,
sensors, and tracking equipment;
and
(cc) innovative solar module
designs and applications,
including those that can
directly integrate with new and
existing buildings and other
infrastructure; and
(II) opportunities and barriers
within the United States and
international solar energy technology
market;
(ii) <<NOTE: Recommenda- tions.>> policy
recommendations for enhancing solar energy
technology manufacturing in the United States;
(iii) <<NOTE: Time period. Plan.>> a 10-year
target and plan to enhance the competitiveness of
solar energy technology manufacturing in the
United States; and
(iv) <<NOTE: Determination.>> any other
research areas as determined by the Secretary.
[[Page 134 STAT. 2511]]
(C) <<NOTE: Coordination.>> Preparation.--The
Secretary shall coordinate the preparation of the report
under subparagraph (A) with--
(i) existing peer review processes;
(ii) studies conducted by the National
Laboratories; and
(iii) the multiyear program planning required
under section 994 of the Energy Policy Act of 2005
(42 U.S.C. 16358).
(7) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out the program
$300,000,000 for each of fiscal years 2021 through 2025.
SEC. 3005. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
IMPROVEMENTS.
(a) Hydroelectric Production Incentives.--Section 242 of the Energy
Policy Act of 2005 (42 U.S.C. 15881) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) <<NOTE: Definition.>> Qualified hydroelectric
facility.--The term `qualified hydroelectric facility' means a
turbine or other generating device owned or solely operated by a
non-Federal entity--
``(A) that generates hydroelectric energy for sale;
and
``(B)(i) that is added to an existing dam or
conduit; or
``(ii)(I) that has a generating capacity of not more
than 20 megawatts;
``(II) for which the non-Federal entity has received
a construction authorization from the Federal Energy
Regulatory Commission, if applicable; and
``(III) that is constructed in an area in which
there is inadequate electric service, as determined by
the Secretary, including by taking into consideration--
``(aa) access to the electric grid;
``(bb) the frequency of electric outages; or
``(cc) the affordability of electricity.'';
(2) in subsection (c), by striking ``10'' and inserting
``22'';
(3) in subsection (e)(2), by striking ``section
29(d)(2)(B)'' and inserting ``section 45K(d)(2)(B)'';
(4) in subsection (f), by striking ``20'' and inserting
``32''; and
(5) in subsection (g), by striking ``each of the fiscal
years 2006 through 2015'' and inserting ``each of fiscal years
2021 through 2036''.
(b) Hydroelectric Efficiency Improvement.--Section 243(c) of the
Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking
``each of the fiscal years 2006 through 2015'' and inserting ``each of
fiscal years 2021 through 2036''.
SEC. 3006. CONFORMING AMENDMENTS.
(a) Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989.--
(1) National goals and multi-year funding.--Section 4 of the
Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989 (42 U.S.C. 12003) is amended--
(A) in the section heading, by striking ``<SUP>wind,</SUP>
photovoltaics,</SUP> and</SUP> solar</SUP>
thermal</SUP>'' and inserting ``<SUP>alcohol</SUP> from</SUP>
biomass</SUP> and</SUP> other</SUP> technology</SUP>'';
(B) in subsection (a)--
[[Page 134 STAT. 2512]]
(i) in the matter preceding paragraph (1), by
striking ``wind, photovoltaics, and solar thermal
energy'' and inserting ``alcohol from biomass and
other energy technology'';
(ii) by striking paragraphs (1) through (3);
(iii) by redesignating paragraphs (4) and (5)
as paragraphs (1) and (2), respectively; and
(iv) in paragraph (2) (as so redesignated), by
striking ``Ocean'' and inserting ``Marine''; and
(C) in subsection (c)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the Wind Energy
Research Program, the Photovoltaic
Energy Systems Program, the Solar
Thermal Energy Systems Program,''; and
(II) by striking ``Ocean'' and
inserting ``Marine'';
(ii) in paragraph (1)--
(I) by striking subparagraph (A);
and
(II) by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and
(B), respectively; and
(iii) in paragraph (2)--
(I) by striking subparagraph (A);
and
(II) by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and
(B), respectively.
(2) Reports.--Section 9(c) of the Renewable Energy and
Energy Efficiency Technology Competitiveness Act of 1989 (42
U.S.C. 12006(c)) is amended by striking ``ocean,'' and inserting
``marine,''.
(b) Energy Policy Act of 2005.--The Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.) is amended--
(1) Assessment of renewable energy resources.--Section
201(a) of the Energy Policy Act of 2005 (42 U.S.C. 15851(a)) is
amended by striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine''.
(2) Federal purchase requirement.--Section 203(b)(2) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)) is amended--
(A) by inserting ``marine energy (as defined in
section 632 of the Energy Independence and Security Act
of 2007), or'' before ``electric energy''; and
(B) by striking ``ocean (including tidal, wave,
current, and thermal),''.
(3) Renewable energy.--Section 931 of the Energy Policy Act
of 2005 (42 U.S.C. 16231) is amended--
(A) in subsection (a)(2)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C)
through (E) as subparagraphs (A) through (C),
respectively; and
(iii) in subparagraph (C)(i) (as so
redesignated), by striking ``ocean energy,
including wave energy'' and inserting ``marine
energy (as defined in section 632 of the Energy
Independence and Security Act of 2007)'';
(B) by striking subsection (d); and
(C) by redesignating subsections (e) through (g) as
subsections (d) through (f), respectively.
[[Page 134 STAT. 2513]]
(c) Energy Policy Act of 1992.--Section 1212 of the Energy Policy
Act of 1992 (42 U.S.C. 13317) is amended--
(1) in subsection (a)(4)(A)(i), by striking ``ocean
(including tidal, wave, current, and thermal)'' and inserting
``marine energy (as defined in section 632 of the Energy
Independence and Security Act of 2007)'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine energy (as defined in section
632 of the Energy Independence and Security Act of 2007)''; and
(3) in subsection (e)(1), in the first sentence, by striking
``ocean (including tidal, wave, current, and thermal)'' and
inserting ``marine energy (as defined in section 632 of the
Energy Independence and Security Act of 2007)''.
(d) Federal Nonnuclear Energy Research and Development Act of
1974.--Section 6(b)(3) of the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5905(b)(3)) is amended--
(1) by striking subparagraph (L); and
(2) by redesignating subparagraphs (M) through (S) as
subparagraphs (L) through (R), respectively.
(e) Solar Energy Research, Development, and Demonstration Act of
1974.--
(1) Repeal.--The Solar Energy Research, Development, and
Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) <<NOTE: 42
USC 6601 note, 5551-5566.>> is repealed.
(2) <<NOTE: 42 USC 5551 note.>> Savings provision.--The
repeal of the Solar Energy Research, Development, and
Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) under
paragraph (1) shall not affect the authority of the Secretary of
Energy to conduct research and development on solar energy.
(f) Solar Photovoltaic Energy Research, Development, and
Demonstration Act of 1978.--The Solar Photovoltaic Energy Research,
Development, and Demonstration Act of 1978 (42 U.S.C. 5581 et
seq.) <<NOTE: 42 USC 5501 note, 5581-5594.>> is repealed.
(g) Energy Independence and Security Act of 2007.--
(1) Repeals.--Sections 606 and 607 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17174, 17175)
are repealed.
(2) Conforming amendment.--The table of contents in section
1(b) of the Energy Independence and Security Act of 2007 (Public
Law 110-140; 121 Stat. 1495) is amended by striking the items
relating to sections 606 and 607.
Subtitle B--Natural Resources Provisions
SEC. 3101. <<NOTE: 43 USC 3001.>> DEFINITIONS.
In this subtitle:
(1) Covered land.--The term ``covered land'' means land that
is--
(A) Federal lands administered by the Secretary
concerned; and
(B) not excluded from the development of geothermal,
solar, or wind energy under--
(i) a land use plan; or
[[Page 134 STAT. 2514]]
(ii) other Federal law.
(2) Federal land.--The term ``Federal land'' means--
(A) public land as defined by section 103 of the
Federal Land Policy Management Act of 1976 (43 U.S.C.
1702); or
(B) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(3) Land use plan.--The term ``land use plan'' means--
(A) for public land, a land use plan established
under the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
(B) for National Forest System land, a land
management plan approved, amended, or revised under
section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(4) Eligible project.--The term ``eligible project'' means a
project carried out on covered land that uses wind, solar, or
geothermal energy to generate energy.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3102. <<NOTE: 43 USC 3002.>> PROGRAM TO IMPROVE ELIGIBLE
PROJECT PERMIT COORDINATION.
(a) <<NOTE: Determination.>> Establishment.--The Secretary shall
establish a national Renewable Energy Coordination Office and State,
district, or field offices, as appropriate, with responsibility to
establish and implement a program to improve Federal permit coordination
with respect to eligible projects on covered land and such other
activities as the Secretary determines necessary. In carrying out the
program, the Secretary may temporarily assign qualified staff to
Renewable Energy Coordination Offices to expedite the permitting of
eligible projects.
(b) Memorandum of Understanding.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary
shall enter into a memorandum of understanding for purposes of
this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Secretary of Defense.
(2) State and tribal participation.--The Secretary may
request the Governor of any interested State or any Tribal
leader of any interested Indian Tribe (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) to be a signatory to the memorandum of
understanding under paragraph (1).
(c) Designation of Qualified Staff.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date on which the memorandum of understanding under
subsection (b) is executed, all Federal signatories, as
appropriate, shall identify for each of the Bureau of Land
Management Renewable Energy Coordination Offices one or more
employees who have expertise in the regulatory issues relating
to the office in which the employee is employed, including, as
applicable, particular expertise in--
[[Page 134 STAT. 2515]]
(A) <<NOTE: Consultation.>> consultation regarding,
and preparation of, biological opinions under section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) <<NOTE: Analyses.>> the preparation of analyses
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(G) implementation of the requirements of section
306108 of title 54, United States Code (formerly known
as section 106 of the National Historic Preservation
Act);
(H) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a);
(I) developing geothermal resources under the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
(J) the Act of June 8, 1940 (16 U.S.C. 668 et seq.,
popularly known as the Bald and Golden Eagle Protection
Act); and
(K) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United
States Code (previously known as the National Park
Service Organic Act).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) be responsible for addressing all issues
relating to the jurisdiction of the home office or
agency of the employee; and
(B) participate as part of the team of personnel
working on proposed energy projects, planning,
monitoring, inspection, enforcement, and environmental
analyses.
(d) Additional Personnel.--The Secretary may assign such additional
personnel for the Bureau of Land Management Renewable Energy
Coordination Offices as are necessary to ensure the effective
implementation of any programs administered by the offices in accordance
with the multiple use mandate of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Transfer of Funds.--To facilitate the coordination and
processing of eligible project permits on Federal land under the
Renewable Energy Coordination Offices, the Secretary may authorize the
expenditure or transfer of any funds that are necessary to--
(1) the United States Fish and Wildlife Service;
(2) the Bureau of Indian Affairs;
(3) the Forest Service;
(4) the Corps of Engineers;
(5) the National Park Service;
(6) the Environmental Protection Agency; or
(7) the Department of Defense.
(f) Report to Congress.--
(1) <<NOTE: Time period.>> In general.--Not later than
February 1 of the first fiscal year beginning after the date of
the enactment of this Act, and each February 1 thereafter, the
Secretary shall submit
[[Page 134 STAT. 2516]]
to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of Representatives a
report describing the progress made under the program
established under subsection (a) during the preceding year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to
leasing, permitting, siting, or production.
SEC. 3103. <<NOTE: 43 USC 3003.>> INCREASING ECONOMIC CERTAINTY.
(a) Considerations.--The Secretary may consider acreage rental
rates, capacity fees, and other recurring annual fees in total when
evaluating existing rates paid for the use of Federal land by eligible
projects.
(b) Reductions in Base Rental Rates.--The Secretary may reduce
acreage rental rates and capacity fees, or both, for existing and new
wind and solar authorizations if the Secretary determines--
(1) that the existing rates--
(A) exceed fair market value;
(B) impose economic hardships;
(C) limit commercial interest in a competitive lease
sale or right-of-way grant; or
(D) are not competitively priced compared to other
available land; or
(2) that a reduced rental rate or capacity fee is necessary
to promote the greatest use of wind and solar energy resources.
SEC. 3104. <<NOTE: 43 USC 3004.>> NATIONAL GOAL FOR RENEWABLE
ENERGY PRODUCTION ON FEDERAL LAND.
(a) <<NOTE: Deadline. Consultation.>> In General.--Not later than
September 1, 2022, the Secretary shall, in consultation with the
Secretary of Agriculture and other heads of relevant Federal agencies,
establish national goals for renewable energy production on Federal
land.
(b) <<NOTE: Deadline.>> Minimum Production Goal.--The Secretary
shall seek to issue permits that, in total, authorize production of not
less than 25 gigawatts of electricity from wind, solar, and geothermal
energy projects by not later than 2025, through management of public
lands and administration of Federal laws.
SEC. 3105. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON
OIL AND GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b))
is amended by adding at the end the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for noncompetitive
leasing under subsection (c) by the holder of the oil and gas
lease--
[[Page 134 STAT. 2517]]
``(A) on a determination that geothermal energy will
be produced from a well producing or capable of
producing oil and gas; and
``(B) to provide for the coproduction of geothermal
energy with oil and gas.''.
SEC. 3106. <<NOTE: 43 USC 3005.>> SAVINGS CLAUSE.
Notwithstanding any other provision of this subtitle, the Secretary
of the Interior and the Secretary of Agriculture shall continue to
manage public lands under the principles of multiple use and sustained
yield in accordance with the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively,
including for due consideration of mineral and nonrenewable energy-
related projects and other nonrenewable energy uses, for the purposes of
land use planning, permit processing, and conducting environmental
reviews.
Subtitle C--Energy Storage
SEC. 3201. <<NOTE: 42 USC 17232.>> BETTER ENERGY STORAGE
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Energy storage system.--The term ``energy storage
system'' means any system, equipment, facility, or technology
that--
(A) is capable of absorbing or converting energy,
storing the energy for a period of time, and dispatching
the energy; and
(B)(i) uses mechanical, electrochemical, thermal,
electrolysis, or other processes to convert and store
electric energy that was generated at an earlier time
for use at a later time;
(ii) uses mechanical, electrochemical, biochemical,
or thermal processes to convert and store energy
generated from mechanical processes that would otherwise
be wasted, for delivery at a later time; or
(iii) stores energy in an electric, thermal, or
gaseous state for direct use for heating or cooling at a
later time in a manner that avoids the need to use
electricity or other fuel sources at that later time,
such as a grid-enabled water heater.
(2) Program.--The term ``program'' means the Energy Storage
System Research, Development, and Deployment Program established
under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Energy Storage System Research, Development, and Deployment
Program.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall establish a program, to be known as the Energy Storage
System Research, Development, and Deployment Program.
(2) Initial program objectives.--The program shall focus on
research, development, and deployment of--
(A) energy storage systems, components, and
materials designed to further the development of
technologies--
[[Page 134 STAT. 2518]]
(i) for large-scale commercial deployment;
(ii) for deployment at cost targets
established by the Secretary;
(iii) for hourly and subhourly durations
required to provide reliability services to the
grid;
(iv) for daily durations, which have the
capacity to discharge energy for a minimum of 6
hours;
(v) for weekly or monthly durations, which
have the capacity to discharge energy for 10 to
100 hours, at a minimum; and
(vi) for seasonal durations, which have the
capability to address seasonal variations in
supply and demand;
(B) distributed energy storage technologies and
applications, including building-grid integration;
(C) long-term cost, performance, and demonstration
targets for different types of energy storage systems
and for use in a variety of regions, including rural
areas;
(D) transportation energy storage technologies and
applications, including vehicle-grid integration;
(E) cost-effective systems and methods for--
(i) the sustainable and secure sourcing,
reclamation, recycling, and disposal of energy
storage systems, including critical minerals; and
(ii) the reuse and repurposing of energy
storage system technologies;
(F) advanced control methods for energy storage
systems;
(G) pumped hydroelectric energy storage systems to
advance--
(i) adoption of innovative technologies,
including--
(I) systems with adjustable-speed
and other new pumping and generating
equipment designs;
(II) modular systems;
(III) closed-loop systems, including
mines and quarries; and
(IV) <<NOTE: Determination.>> other
innovative equipment and materials as
determined by the Secretary; and
(ii) reductions of civil works costs and
construction times for hydropower and pumped
storage systems, including comprehensive data and
systems analysis of hydropower and pumped storage
construction technologies and processes in order
to identify areas for whole-system efficiency
gains;
(H) models and tools to demonstrate the costs and
benefits of energy storage to--
(i) power and water supply systems;
(ii) electric generation portfolio
optimization; and
(iii) expanded deployment of other renewable
energy technologies, including in integrated
energy storage systems;
(I) energy storage use cases from individual and
combination technology applications, including value
from various-use cases and energy storage services; and
(J) advanced manufacturing technologies that have
the potential to improve United States competitiveness
in
[[Page 134 STAT. 2519]]
energy storage manufacturing or reduce United States
dependence on critical materials.
(3) <<NOTE: Coordination.>> Testing and validation.--In
coordination with 1 or more National Laboratories, the Secretary
shall support the development, standardized testing, and
validation of energy storage systems under the program,
including test-bed and field trials, by developing testing and
evaluation methodologies for--
(A) storage technologies, controls, and power
electronics for energy storage systems under a variety
of operating conditions;
(B) standardized and grid performance testing for
energy storage systems, materials, and technologies
during each stage of development;
(C) reliability, safety, degradation, and durability
testing under standard and evolving duty cycles; and
(D) accelerated life testing protocols to predict
estimated lifetime metrics with accuracy.
(4) Periodic evaluation of program objectives.--Not less
frequently than once every calendar year, the Secretary shall
evaluate and, if necessary, update the program objectives to
ensure that the program continues to advance energy storage
systems toward widespread commercial deployment by lowering the
costs and increasing the duration of energy storage resources.
(5) Energy storage strategic plan.--
(A) <<NOTE: Time period.>> In general.--The
Secretary shall develop a 10-year strategic plan for the
program, and update the plan, in accordance with this
paragraph.
(B) Contents.--The strategic plan developed under
subparagraph (A) shall--
(i) <<NOTE: Coordination.>> be coordinated
with and integrated across other relevant offices
in the Department;
(ii) to the extent practicable, include
metrics that can be used to evaluate storage
technologies;
(iii) identify Department programs that--
(I) support the research and
development activities described in
paragraph (2) and the demonstration
projects under subsection (c); and
(II)(aa) do not support the
activities or projects described in
subclause (I); but
(bb) are important to the
development of energy storage systems
and the mission of the Department, as
determined by the Secretary;
(iv) include expected timelines for--
(I) the accomplishment of relevant
objectives under current programs of the
Department relating to energy storage
systems; and
(II) the commencement of any new
initiatives within the Department
relating to energy storage systems to
accomplish those objectives; and
(v) incorporate relevant activities described
in the Grid Modernization Initiative Multi-Year
Program Plan.
(C) <<NOTE: Deadline.>> Submission to congress.--
Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources
[[Page 134 STAT. 2520]]
of the Senate and the Committees on Energy and Commerce
and Science, Space, and Technology of the House of
Representatives the strategic plan developed under
subparagraph (A).
(D) Updates to plan.--The Secretary--
(i) <<NOTE: Deadline. Review.>> shall
annually review the strategic plan developed under
subparagraph (A); and
(ii) may periodically revise the strategic
plan as appropriate.
(6) Leveraging of resources.--The program may be led by a
specific office of the Department, but shall be cross-cutting in
nature, so that in carrying out activities under the program,
the Secretary (or a designee of the Secretary charged with
leading the program) shall leverage existing Federal resources,
including, at a minimum, the expertise and resources of--
(A) the Office of Electricity;
(B) the Office of Energy Efficiency and Renewable
Energy, including the Water Power Technologies Office;
and
(C) the Office of Science, including--
(i) the Basic Energy Sciences Program;
(ii) the Advanced Scientific Computing
Research Program;
(iii) the Biological and Environmental
Research Program; and
(D) the Electricity Storage Research Initiative
established under section 975 of the Energy Policy Act
of 2005 (42 U.S.C. 16315).
(7) Protecting privacy and security.--In carrying out this
subsection, the Secretary shall identify, incorporate, and
follow best practices for protecting the privacy of individuals
and businesses and the respective sensitive data of the
individuals and businesses, including by managing privacy risk
and implementing the Fair Information Practice Principles of the
Federal Trade Commission for the collection, use, disclosure,
and retention of individual electric consumer information in
accordance with the Office of Management and Budget Circular A-
130 (or successor circulars).
(c) Energy Storage Demonstration Projects; Pilot Grant Program.--
(1) <<NOTE: Deadline. Contracts.>> Demonstration
projects.--Not later than September 30, 2023, the Secretary
shall, to the maximum extent practicable, enter into agreements
to carry out 3 energy storage system demonstration projects,
including at least 1 energy storage system demonstration project
designed to further the development of technologies described in
clause (v) or (vi) of subsection (b)(2)(A).
(2) Energy storage pilot grant program.--
(A) Definition of eligible entity.--In this
paragraph, the term ``eligible entity'' means--
(i) a State energy office (as defined in
section 124(a) of the Energy Policy Act of 2005
(42 U.S.C. 15821(a)));
(ii) an Indian Tribe (as defined in section 4
of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103);
[[Page 134 STAT. 2521]]
(iii) a Tribal organization (as defined in
section 3765 of title 38, United States Code);
(iv) an institution of higher education (as
defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001));
(v) an electric utility, including--
(I) an electric cooperative;
(II) a political subdivision of a
State, such as a municipally owned
electric utility, or any agency,
authority, corporation, or
instrumentality of a State political
subdivision; and
(III) an investor-owned utility; and
(vi) a private energy storage company.
(B) Establishment.--The Secretary shall establish a
competitive grant program under which the Secretary
shall award grants to eligible entities to carry out
demonstration projects for pilot energy storage systems.
(C) Selection requirements.--In selecting eligible
entities to receive a grant under subparagraph (B), the
Secretary shall, to the maximum extent practicable--
(i) ensure regional diversity among eligible
entities awarded grants, including ensuring
participation of eligible entities that are rural
States and States with high energy costs;
(ii) ensure that grants are awarded for
demonstration projects that--
(I) expand on the existing
technology demonstration programs of the
Department;
(II) are designed to achieve 1 or
more of the objectives described in
subparagraph (D); and
(III) inject or withdraw energy from
the bulk power system, electric
distribution system, building energy
system, or microgrid (grid-connected or
islanded mode) where the project is
located;
(iii) give consideration to proposals from
eligible entities for securing energy storage
through competitive procurement or contract for
service; and
(iv) prioritize projects that leverage
matching funds from non-Federal sources.
(D) Objectives.--Each demonstration project carried
out by a grant awarded under subparagraph (B) shall have
1 or more of the following objectives:
(i) To improve the security of critical
infrastructure and emergency response systems.
(ii) To improve the reliability of
transmission and distribution systems,
particularly in rural areas, including high-energy
cost rural areas.
(iii) To optimize transmission or distribution
system operation and power quality to defer or
avoid costs of replacing or upgrading electric
grid infrastructure, including transformers and
substations.
(iv) To supply energy at peak periods of
demand on the electric grid or during periods of
significant variation of electric grid supply.
(v) To reduce peak loads of homes and
businesses.
[[Page 134 STAT. 2522]]
(vi) To improve and advance power conversion
systems.
(vii) To provide ancillary services for grid
stability and management.
(viii) To integrate renewable energy resource
production.
(ix) To increase the feasibility of microgrids
(grid-connected or islanded mode).
(x) To enable the use of stored energy in
forms other than electricity to support the
natural gas system and other industrial processes.
(xi) To integrate fast charging of electric
vehicles.
(xii) To improve energy efficiency.
(3) <<NOTE: Public information.>> Reports.--Not less
frequently than once every 3 years for the duration of the
programs under paragraphs (1) and (2), the Secretary shall
submit to Congress and make publicly available a report
describing the performance of those programs.
(4) No project ownership interest.--The Federal Government
shall not hold any equity or other ownership interest in any
energy storage system that is part of a project under this
subsection unless the holding is agreed to by each participant
of the project.
(d) Long-duration Demonstration Initiative and Joint Program.--
(1) Definitions.--In this subsection:
(A) Initiative.--The term ``Initiative'' means the
demonstration initiative established under paragraph
(2).
(B) Joint program.--The term ``Joint Program'' means
the joint program established under paragraph (4).
(2) <<NOTE: Deadline.>> Establishment of initiative.--Not
later than 180 days after the date of enactment of this Act, the
Secretary shall establish a demonstration initiative composed of
demonstration projects focused on the development of long-
duration energy storage technologies.
(3) Selection of projects.--To the maximum extent
practicable, in selecting demonstration projects to participate
in the Initiative, the Secretary shall--
(A) ensure a range of technology types;
(B) ensure regional diversity among projects; and
(C) consider bulk power level, distribution power
level, behind-the-meter, microgrid (gridconnected or
islanded mode), and off-grid applications.
(4) Joint program.--
(A) <<NOTE: Consultation.>> Establishment.--As part
of the Initiative, the Secretary, in consultation with
the Secretary of Defense, shall establish within the
Department a joint program to carry out projects--
(i) to demonstrate promising long-duration
energy storage technologies at different scales;
and
(ii) to help new, innovative long-duration
energy storage technologies become commercially
viable.
(B) <<NOTE: Deadline.>> Memorandum of
understanding.--Not later than 200 days after the date
of enactment of this Act, the Secretary shall enter into
a memorandum of understanding with the Secretary of
Defense to administer the Joint Program.
[[Page 134 STAT. 2523]]
(C) Infrastructure.--In carrying out the Joint
Program, the Secretary and the Secretary of Defense
shall--
(i) use existing test-bed infrastructure at--
(I) Department facilities; and
(II) Department of Defense
installations; and
(ii) develop new infrastructure for identified
projects, if appropriate.
(D) Goals and metrics.--The Secretary and the
Secretary of Defense shall develop goals and metrics for
technological progress under the Joint Program
consistent with energy resilience and energy security
policies.
(E) Selection of projects.--
(i) In general.--To the maximum extent
practicable, in selecting projects to participate
in the Joint Program, the Secretary and the
Secretary of Defense shall--
(I) ensure that projects are carried
out under conditions that represent a
variety of environments with different
physical conditions and market
constraints; and
(II) ensure an appropriate balance
of--
(aa) larger, higher-cost
projects; and
(bb) smaller, lower-cost
projects.
(ii) Priority.--In carrying out the Joint
Program, the Secretary and the Secretary of
Defense shall give priority to demonstration
projects that--
(I) <<NOTE: Public information.>>
make available to the public project
information that will accelerate
deployment of long-duration energy
storage technologies; and
(II) will be carried out in the
field.
(e) Critical Material Recycling and Reuse Research, Development, and
Demonstration Program.--The United States Energy Storage Competitiveness
Act of 2007 (42 U.S.C. 17231) is amended by adding at the end the
following:
``(q) Critical Material Recycling and Reuse Research, Development,
and Demonstration Program.--
``(1) Definitions.--In this subsection:
``(A) Critical material.--The term `critical
material' has the meaning given the term in 7002 of the
Energy Act of 2020.
``(B) Critical material recycling.--The term
`critical material recycling' means the separation and
recovery of critical materials embedded within an energy
storage system through physical or chemical means for
the purpose of reuse of those critical materials in
other technologies.
``(2) <<NOTE: Deadline.>> Establishment.--Not later than
180 days after the date of enactment of this subsection, the
Secretary shall establish a research, development, and
demonstration program for critical material recycling and reuse
of energy storage systems containing critical materials.
``(3) Research, development, and demonstration.--In carrying
out the program established under paragraph (1), the Secretary
shall conduct--
``(A) research, development, and demonstration
activities for--
[[Page 134 STAT. 2524]]
``(i) technologies, process improvements, and
design optimizations that facilitate and promote
critical material recycling of energy storage
systems, including separation and sorting of
component materials of such systems, and
extraction, recovery, and reuse of critical
materials from such systems;
``(ii) technologies and methods that mitigate
emissions and environmental impacts that arise
from critical material recycling, including
disposal of toxic reagents and byproducts related
to critical material recycling processes;
``(iii) technologies to enable extraction,
recovery, and reuse of energy storage systems from
electric vehicles and critical material recycling
from such vehicles; and
``(iv) technologies and methods to enable the
safe transport, storage, and disposal of energy
storage systems containing critical materials,
including waste materials and components recovered
during the critical material recycling process;
and
``(B) research on nontechnical barriers to improve
the collection and critical material recycling of energy
storage systems, including strategies to improve
consumer education of, acceptance of, and participation
in, the critical material recycling of energy storage
systems.
``(4) Report to congress.--Not later than 2 years after the
date of enactment of this subsection, and every 3 years
thereafter, the Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report summarizing
the activities, findings, and progress of the program.''.
(f) Coordination.--To the maximum extent practicable, the Secretary
shall coordinate the activities under this section (including activities
conducted pursuant to the amendments made by this section) among the
offices and employees of the Department, other Federal agencies, and
other relevant entities--
(1) to ensure appropriate collaboration;
(2) to avoid unnecessary duplication of those activities;
and
(3) to increase domestic manufacturing and production of
energy storage systems, such as those within the Department and
within the National Institute of Standards and Technology.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to carry out subsection (b), $100,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended;
(2) to carry out subsection (c), $71,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended; and
(3) to carry out subsection (d), $30,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.
[[Page 134 STAT. 2525]]
SEC. 3202. <<NOTE: 42 USC 17233.>> ENERGY STORAGE TECHNOLOGY AND
MICROGRID ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a rural electric cooperative;
(B) an agency, authority, or instrumentality of a
State or political subdivision of a State that sells or
otherwise uses electrical energy to provide electric
services for customers; or
(C) a nonprofit organization working with at least 6
entities described in subparagraph (A) or (B).
(2) Energy storage technology.--The term ``energy storage
technology'' includes grid-enabled water heaters, building
heating or cooling systems, electric vehicles, the production of
hydrogen for transportation or industrial use, or other
technologies that store energy.
(3) Microgrid.--The term ``microgrid'' means a localized
grid that operates autonomously regardless of whether the grid
can operate in connection with another grid.
(4) Renewable energy source.--The term ``renewable energy
source'' has the meaning given the term in section 609(a) of the
Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c(a)).
(5) Rural electric cooperative.--The term ``rural electric
cooperative'' means an electric cooperative (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) that sells
electric energy to persons in rural areas.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall establish a
program under which the Secretary shall--
(1) provide grants to eligible entities under subsection
(d);
(2) provide technical assistance to eligible entities under
subsection (e); and
(3) disseminate information to eligible entities on--
(A) the activities described in subsections (d)(1)
and (e); and
(B) potential and existing energy storage technology
and microgrid projects.
(c) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with an eligible entity to carry out subsection
(b).
(d) Grants.--
(1) In general.--The Secretary may award grants to eligible
entities for identifying, evaluating, designing, and
demonstrating energy storage technology and microgrid projects
that utilize energy from renewable energy sources.
(2) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Use of grant.--An eligible entity that receives a grant
under paragraph (1)--
(A) shall use the grant--
[[Page 134 STAT. 2526]]
(i) to conduct feasibility studies to assess
the potential for implementation or improvement of
energy storage technology or microgrid projects;
(ii) <<NOTE: Analysis.>> to analyze and
implement strategies to overcome barriers to
energy storage technology or microgrid project
implementation, including financial, contracting,
siting, and permitting barriers;
(iii) to conduct detailed engineering of
energy storage technology or microgrid projects;
(iv) <<NOTE: Cost analysis.>> to perform a
cost-benefit analysis with respect to an energy
storage technology or microgrid project;
(v) <<NOTE: Plans.>> to plan for both the
short- and long-term inclusion of energy storage
technology or microgrid projects into the future
development plans of the eligible entity; or
(vi) to purchase and install necessary
equipment, materials, and supplies for
demonstration of emerging technologies; and
(B) may use the grant to obtain technical assistance
from experts in carrying out the activities described in
subparagraph (A).
(4) Condition.--As a condition of receiving a grant under
paragraph (1), an eligible entity shall--
(A) <<NOTE: Coordination. Determination.>>
implement a public awareness campaign, in coordination
with the Secretary, about the project implemented under
the grant in the community in which the eligible entity
is located, which campaign shall include providing
projected environmental benefits achieved under the
project, where to find more information about the
program established under this section, and any other
information the Secretary determines necessary;
(B) <<NOTE: Public information.>> submit to the
Secretary, and make available to the public, a report
that describes--
(i) any energy cost savings and environmental
benefits achieved under the project; and
(ii) the results of the project, including
quantitative assessments to the extent
practicable, associated with each activity
described in paragraph (3)(A); and
(C) create and disseminate tools and resources that
will benefit other rural electric cooperatives, which
may include cost calculators, guidebooks, handbooks,
templates, and training courses.
(5) Cost-share.--Activities under this subsection shall be
subject to the cost-sharing requirements of section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352).
(e) Technical Assistance.--
(1) In general.--In carrying out the program established
under subsection (b), the Secretary may provide eligible
entities with technical assistance relating to--
(A) identifying opportunities for energy storage
technology and microgrid projects;
(B) understanding the technical and economic
characteristics of energy storage technology or
microgrid projects;
(C) understanding financing alternatives;
(D) permitting and siting issues;
[[Page 134 STAT. 2527]]
(E) obtaining case studies of similar and successful
energy storage technology or microgrid projects;
(F) <<NOTE: Review. Assessment.>> reviewing and
obtaining computer software for assessment, design, and
operation and maintenance of energy storage technology
or microgrid systems; and
(G) understanding and utilizing the reliability and
resiliency benefits of energy storage technology and
microgrid projects.
(2) <<NOTE: Determination.>> External contracts.--In
carrying out paragraph (1), the Secretary may enter into
contracts with third-party experts, including engineering,
finance, and insurance experts, to provide technical assistance
to eligible entities relating to the activities described in
such paragraph, or other relevant activities, as determined by
the Secretary.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $15,000,000 for each of fiscal years 2021
through 2025.
(2) Administrative costs.--Not more than 5 percent of the
amount appropriated under paragraph (1) for each fiscal year
shall be used for administrative expenses.
TITLE IV--CARBON MANAGEMENT
SEC. 4001. FOSSIL ENERGY.
Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C. 16291(a))
is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and indenting
appropriately;
(2) in subparagraph (F) (as so redesignated), by inserting
``, including technology development to reduce emissions of
carbon dioxide and associated emissions of heavy metals within
coal combustion residues and gas streams resulting from fossil
fuel use and production'' before the period at the end;
(3) by striking subparagraph (G) (as so redesignated) and
inserting the following:
``(G) Increasing the export of fossil energy-related
equipment, technology, including emissions control
technologies, and services from the United States.
``(H) Decreasing the cost of emissions control
technologies for fossil energy production, generation,
and delivery.
``(I) Significantly lowering greenhouse gas
emissions for all fossil fuel production, generation,
delivery, and utilization technologies.
``(J) Developing carbon removal and utilization
technologies, products, and methods that result in net
reductions in greenhouse gas emissions, including direct
air capture and storage, and carbon use and reuse for
commercial application.
``(K) Improving the conversion, use, and storage of
carbon oxides produced from fossil fuels.
``(L) Reducing water use, improving water reuse, and
minimizing surface and subsurface environmental impact
[[Page 134 STAT. 2528]]
in the development of unconventional domestic oil and
natural gas resources.'';
(4) by striking the subsection designation and all that
follows through ``The Secretary'' in the first sentence of the
matter preceding subparagraph (A) (as so redesignated) and
inserting the following:
``(a) Establishment.--
``(1) In general.--The Secretary'';
(5) in paragraph (1) (as so designated), in the second
sentence of the matter preceding subparagraph (A) (as so
redesignated), by striking ``Such programs'' and inserting the
following:
``(2) Objectives.--The programs described in paragraph (1)
shall''; and
(6) by adding at the end the following:
``(3) Priority.--In carrying out the objectives described in
subparagraphs (F) through (K) of paragraph (2), the Secretary
shall prioritize activities and strategies that have the
potential to significantly reduce emissions for each technology
relevant to the applicable objective and the international
commitments of the United States.''.
SEC. 4002. ESTABLISHMENT OF CARBON CAPTURE TECHNOLOGY PROGRAM.
(a) In General.--The Energy Policy Act of 2005 is amended by
striking section 962 (42 U.S.C. 16292) and inserting the following:
``SEC. 962. <<NOTE: 42 USC 16292.>> CARBON CAPTURE TECHNOLOGY
PROGRAM.
``(a) Definitions.--In this section:
``(1) Large-scale pilot project.--The term `large-scale
pilot project' means a pilot project that--
``(A) represents the scale of technology development
beyond laboratory development and bench scale testing,
but not yet advanced to the point of being tested under
real operational conditions at commercial scale;
``(B) represents the scale of technology necessary
to gain the operational data needed to understand the
technical and performance risks of the technology before
the application of that technology at commercial scale
or in commercial-scale demonstration; and
``(C) is large enough--
``(i) to validate scaling factors; and
``(ii) to demonstrate the interaction between
major components so that control philosophies for
a new process can be developed and enable the
technology to advance from large-scale pilot
project application to commercial-scale
demonstration or application.
``(2) Natural gas.--The term `natural gas' means any fuel
consisting in whole or in part of--
``(A) natural gas;
``(B) liquid petroleum gas;
``(C) synthetic gas derived from petroleum or
natural gas liquids;
``(D) any mixture of natural gas and synthetic gas;
or
``(E) biomethane.
``(3) Natural gas electric generation facility.--
[[Page 134 STAT. 2529]]
``(A) In general.--The term `natural gas electric
generation facility' means a facility that generates
electric energy using natural gas as the fuel.
``(B) Inclusions.--The term `natural gas electric
generation facility' includes without limitation a new
or existing--
``(i) simple cycle plant;
``(ii) combined cycle plant;
``(iii) combined heat and power plant; or
``(iv) steam methane reformer that produces
hydrogen from natural gas for use in the
production of electric energy.
``(4) Program.--The term `program' means the program
established under subsection (b)(1).
``(5) Transformational technology.--
``(A) In general.--The term `transformational
technology' means a technology that represents a
significant change in the methods used to convert energy
that will enable a step change in performance,
efficiency, cost of electricity, and reduction of
emissions as compared to the technology in existence on
the date of enactment of the Energy Act of 2020.
``(B) Inclusions.--The term `transformational
technology' includes a broad range of potential
technology improvements, including--
``(i) thermodynamic improvements in energy
conversion and heat transfer, including--
``(I) advanced combustion systems,
including oxygen combustion systems and
chemical looping; and
``(II) the replacement of steam
cycles with supercritical carbon dioxide
cycles;
``(ii) improvements in steam or carbon dioxide
turbine technology;
``(iii) improvements in carbon capture,
utilization, and storage systems technology;
``(iv) improvements in small-scale and modular
coal-fired technologies with reduced carbon output
or carbon capture that can support incremental
power generation capacity additions;
``(v) fuel cell technologies for low-cost,
high-efficiency modular power systems;
``(vi) advanced gasification systems;
``(vii) thermal cycling technologies; and
``(viii) any other technology the Secretary
recognizes as transformational technology.
``(b) Carbon Capture Technology Program.--
``(1) In general.--The Secretary shall establish a carbon
capture technology program for the development of
transformational technologies that will significantly improve
the efficiency, effectiveness, costs, emissions reductions, and
environmental performance of coal and natural gas use, including
in manufacturing and industrial facilities.
``(2) Requirements.--The program shall include--
``(A) a research and development program;
``(B) large-scale pilot projects;
[[Page 134 STAT. 2530]]
``(C) demonstration projects, in accordance with
paragraph (4); and
``(D) a front-end engineering and design program.
``(3) <<NOTE: Consultation.>> Program goals and
objectives.--In consultation with the interested entities
described in paragraph (6)(C), the Secretary shall develop goals
and objectives for the program to be applied to the
transformational technologies developed within the program,
taking into consideration the following:
``(A) Increasing the performance of coal electric
generation facilities and natural gas electric
generation facilities, including by--
``(i) ensuring reliable, low-cost power from
new and existing coal electric generation
facilities and natural gas electric generation
facilities;
``(ii) achieving high conversion efficiencies;
``(iii) addressing emissions of carbon dioxide
and other air pollutants;
``(iv) developing small-scale and modular
technologies to support incremental capacity
additions and load following generation, in
addition to large-scale generation technologies;
``(v) supporting dispatchable operations for
new and existing applications of coal and natural
gas generation; and
``(vi) accelerating the development of
technologies that have transformational energy
conversion characteristics.
``(B) Using carbon capture, utilization, and
sequestration technologies to decrease the carbon
dioxide emissions, and the environmental impact from
carbon dioxide emissions, from new and existing coal
electric generation facilities and natural gas electric
generation facilities, including by--
``(i) accelerating the development,
deployment, and commercialization of technologies
to capture and sequester carbon dioxide emissions
from new and existing coal electric generation
facilities and natural gas electric generation
facilities;
``(ii) supporting sites for safe geological
storage of large volumes of anthropogenic sources
of carbon dioxide and the development of the
infrastructure needed to support a carbon dioxide
utilization and storage industry;
``(iii) improving the conversion, utilization,
and storage of carbon dioxide produced from fossil
fuels and other anthropogenic sources of carbon
dioxide;
``(iv) lowering greenhouse gas emissions for
all fossil fuel production, generation, delivery,
and use, to the maximum extent practicable;
``(v) developing carbon utilization
technologies, products, and methods, including
carbon use and reuse for commercial application;
``(vi) developing net-negative carbon dioxide
emissions technologies; and
``(vii) developing technologies for the
capture of carbon dioxide produced during the
production of hydrogen from natural gas.
[[Page 134 STAT. 2531]]
``(C) Decreasing the non-carbon dioxide relevant
environmental impacts of coal and natural gas
production, including by--
``(i) further reducing non-carbon dioxide air
emissions; and
``(ii) reducing the use, and managing the
discharge, of water in power plant operations.
``(D) Accelerating the development of technologies
to significantly decrease emissions from manufacturing
and industrial facilities, including--
``(i) nontraditional fuel manufacturing
facilities, including ethanol or other biofuel
production plants or hydrogen production plants;
and
``(ii) energy-intensive manufacturing
facilities that produce carbon dioxide as a
byproduct of operations.
``(E) <<NOTE: Contracts.>> Entering into
cooperative agreements to carry out and expedite
demonstration projects (including pilot projects) to
demonstrate the technical and commercial viability of
technologies to reduce carbon dioxide emissions released
from coal electric generation facilities and natural gas
electric generation facilities for commercial
deployment.
``(F) Identifying any barriers to the commercial
deployment of any technologies under development for the
capture of carbon dioxide produced by coal electric
generation facilities and natural gas electric
generation facilities.
``(4) <<NOTE: Contracts.>> Demonstration projects.--
``(A) In general.--In carrying out the program, the
Secretary shall establish a demonstration program under
which the Secretary, through a competitive, merit-
reviewed process, shall enter into cooperative
agreements by not later than September 30, 2025, for
demonstration projects to demonstrate the construction
and operation of 6 facilities to capture carbon dioxide
from coal electric generation facilities, natural gas
electric generation facilities, and industrial
facilities.
``(B) Technical assistance.--The Secretary, to the
maximum extent practicable, shall provide technical
assistance to any eligible entity seeking to enter into
a cooperative agreement described in subparagraph (A)
for the purpose of obtaining any necessary permits and
licenses to demonstrate qualifying technologies.
``(C) Eligible entities.--The Secretary may enter
into cooperative agreements under subparagraph (A) with
industry stakeholders, including any industry
stakeholder operating in partnership with the National
Laboratories, institutions of higher education,
multiinstitutional collaborations, and other appropriate
entities.
``(D) Commercial-scale demonstration projects.--
``(i) In general.--In carrying out the
program, the Secretary shall establish a carbon
capture technology commercialization program to
demonstrate substantial improvements in the
efficiency, effectiveness, cost, and environmental
performance of carbon capture technologies for
power, industrial, and other commercial
applications.
``(ii) Requirement.--The program established
under clause (i) shall include funding for
commercial-
[[Page 134 STAT. 2532]]
scale carbon capture technology demonstrations of
projects supported by the Department, including
projects in addition to the projects described in
subparagraph (A), including funding for not more
than 2 projects to demonstrate substantial
improvements in a particular technology type
beyond the first of a kind demonstration and to
account for considerations described in
subparagraph (G).
``(E) Requirement.--Of the demonstration projects
carried out under subparagraph (A)--
``(i) 2 shall be designed to capture carbon
dioxide from a natural gas electric generation
facility;
``(ii) 2 shall be designed to capture carbon
dioxide from a coal electric generation facility;
and
``(iii) 2 shall be designed to capture carbon
dioxide from an industrial facility not purposed
for electric generation.
``(F) Goals.--Each demonstration project under the
demonstration program under subparagraph (A)--
``(i) shall be designed to further the
development, deployment, and commercialization of
technologies to capture and sequester carbon
dioxide emissions from new and existing coal
electric generation facilities, natural gas
electric generation facilities, and industrial
facilities;
``(ii) shall be financed in part by the
private sector; and
``(iii) if necessary, shall secure agreements
for the offtake of carbon dioxide emissions
captured by qualifying technologies during the
project.
``(G) Applications.--
``(i) In general.--To be eligible to enter
into an agreement with the Secretary for a
demonstration project under subparagraphs (A) and
(D), an entity shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(ii) Review of applications.--In reviewing
applications submitted under clause (i), the
Secretary, to the maximum extent practicable,
shall--
``(I) ensure a broad geographic
distribution of project sites;
``(II) ensure that a broad selection
of electric generation facilities are
represented;
``(III) ensure that a broad
selection of technologies are
represented; and
``(IV) leverage existing public-
private partnerships and Federal
resources.
``(H) GAO study and report.--
``(i) Study and report.--
``(I) In general.--Not later than 1
year after the date of enactment of the
Energy Act of 2020, the Comptroller
General of the United States shall
conduct, and submit to the Committee on
Energy and Natural Resources of the
Senate and the Committee on Science,
Space, and Technology of the House of
Representatives a report on the results
[[Page 134 STAT. 2533]]
of, a study of the successes, failures,
practices, and improvements of the
Department in carrying out demonstration
projects under this paragraph.
``(II) Considerations.--In
conducting the study under subclause
(I), the Comptroller General of the
United States shall consider--
``(aa) applicant and
contractor qualifications;
``(bb) project management
practices at the Department;
``(cc) economic or market
changes and other factors
impacting project viability;
``(dd) completion of third-
party agreements, including
power purchase agreements and
carbon dioxide offtake
agreements;
``(ee) regulatory
challenges; and
``(ff) construction
challenges.
``(ii) Recommendations.--The Secretary shall--
``(I) <<NOTE: Determination.>>
consider any relevant recommendations,
as determined by the Secretary, provided
in the report required under clause
(i)(I); and
``(II) adopt such recommendations as
the Secretary considers appropriate.
``(I) Report.--
``(i) In general.--Not later than 180 days
after the date on which the Secretary solicits
applications under subparagraph (G), and annually
thereafter, the Secretary shall submit to the
appropriate committees of jurisdiction of the
Senate and the House of Representatives a report
that includes a detailed description of how the
applications under the demonstration program
established under subparagraph (A) were or will be
solicited and how the applications were or will be
evaluated, including--
``(I) <<NOTE: List.>> a list of any
activities carried out by the Secretary
to solicit or evaluate the applications;
and
``(II) a process for ensuring that
any projects carried out under a
cooperative agreement entered into under
subparagraph (A) are designed to result
in the development or demonstration of
qualifying technologies.
``(ii) Inclusions.--The Secretary shall
include--
``(I) <<NOTE: List.>> in the first
report required under clause (i), a
detailed list of technical milestones
for the development and demonstration of
each qualifying technology pursued under
the demonstration program established
under subparagraph (A);
``(II) in each subsequent report
required under clause (i), a description
of the progress made towards achieving
the technical milestones described in
subclause (I) during the applicable
period covered by the report; and
``(III) in each report required
under clause (i)--
``(aa) an estimate of the
cost of licensing, permitting,
constructing, and operating each
[[Page 134 STAT. 2534]]
carbon capture facility expected
to be constructed under the
demonstration program
established under subparagraph
(A);
``(bb) a schedule for the
planned construction and
operation of each demonstration
or pilot project under the
demonstration program; and
``(cc) an estimate of any
financial assistance,
compensation, or incentives
proposed to be paid by the host
State, Indian Tribe, or local
government with respect to each
facility described in item (aa).
``(5) Intraagency coordination for carbon capture,
utilization, and sequestration activities.--The carbon capture,
utilization, and sequestration activities described in paragraph
(3)(B) shall be carried out by the Assistant Secretary for
Fossil Energy, in coordination with the heads of other relevant
offices of the Department and the National Laboratories.
``(6) Consultations required.--In carrying out the program,
the Secretary shall--
``(A) undertake international collaborations, taking
into consideration the recommendations of the National
Coal Council and the National Petroleum Council;
``(B) use existing authorities to encourage
international cooperation; and
``(C) consult with interested entities, including--
``(i) coal and natural gas producers;
``(ii) industries that use coal and natural
gas;
``(iii) organizations that promote coal,
advanced coal, and natural gas technologies;
``(iv) environmental organizations;
``(v) organizations representing workers; and
``(vi) organizations representing consumers.
``(c) Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Energy Act of 2020, the Secretary shall
submit to Congress a report describing the program goals and
objectives adopted under subsection (b)(3).
``(2) Update.--Not less frequently than once every 2 years
after the initial report is submitted under paragraph (1), the
Secretary shall submit to Congress a report describing the
progress made towards achieving the program goals and objectives
adopted under subsection (b)(3).
``(d) Funding.--
``(1) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section,
to remain available until expended--
``(A) for activities under the research and
development program component described in subsection
(b)(2)(A)--
``(i) $230,000,000 for each of fiscal years
2021 and 2022; and
``(ii) $150,000,000 for each of fiscal years
2023 through 2025;
``(B) subject to paragraph (2), for activities under
the large-scale pilot projects program component
described in subsection (b)(2)(B)--
[[Page 134 STAT. 2535]]
``(i) $225,000,000 for each of fiscal years
2021 and 2022;
``(ii) $200,000,000 for each of fiscal years
2023 and 2024; and
``(iii) $150,000,000 for fiscal year 2025;
``(C) for activities under the demonstration
projects program component described in subsection
(b)(2)(C)--
``(i) $500,000,000 for each of fiscal years
2021 though 2024; and
``(ii) $600,000,000 for fiscal year 2025; and
``(D) for activities under the front-end engineering
and design program described in subsection (b)(2)(D),
$50,000,000 for each of fiscal years 2021 through 2024.
``(2) Cost sharing for large-scale pilot projects.--
Activities under subsection (b)(2)(B) shall be subject to the
cost-sharing requirements of section 988(b).
``(e) <<NOTE: Grants.>> Carbon Capture Test Centers.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 2
years after the date of enactment of the Energy Act of 2020, the
Secretary shall award grants to 1 or more entities for the
operation of 1 or more test centers (referred to in this
subsection as a `Center') to provide distinct testing
capabilities for innovative carbon capture technologies.
``(2) Purpose.--Each Center shall--
``(A) advance research, development, demonstration,
and commercial application of carbon capture
technologies;
``(B) support large-scale pilot projects and
demonstration projects and test carbon capture
technologies; and
``(C) develop front-end engineering design and
economic analysis.
``(3) Selection.--
``(A) In general.--The Secretary shall select
entities to receive grants under this subsection
according to such criteria as the Secretary may develop.
``(B) Competitive basis.--The Secretary shall select
entities to receive grants under this subsection on a
competitive basis.
``(C) Priority criteria.--In selecting entities to
receive grants under this subsection, the Secretary
shall prioritize consideration of applicants that--
``(i) have access to existing or planned
research facilities for carbon capture
technologies;
``(ii) are institutions of higher education
with established expertise in engineering for
carbon capture technologies, or partnerships with
such institutions of higher education; or
``(iii) have access to existing research and
test facilities for bulk materials design and
testing, component design and testing, or
professional engineering design.
``(D) Existing centers.--In selecting entities to
receive grants under this subsection, the Secretary
shall prioritize carbon capture test centers in
existence on the date of enactment of the Energy Act of
2020.
``(4) Formula for awarding grants.--The Secretary may
develop a formula for awarding grants under this subsection.
``(5) Schedule.--
[[Page 134 STAT. 2536]]
``(A) In general.--Each grant awarded under this
subsection shall be for a term of not more than 5 years,
subject to the availability of appropriations.
``(B) <<NOTE: Time period.>> Renewal.--The
Secretary may renew a grant for 1 or more additional 5-
year terms, subject to a competitive merit review and
the availability of appropriations.
``(6) <<NOTE: Determination.>> Termination.--To the extent
otherwise authorized by law, the Secretary may eliminate, and
terminate grant funding under this subsection for, a Center
during any 5-year term described in paragraph (5) if the
Secretary determines that the Center is underperforming.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2021 through 2025.''.
(b) Technical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
striking the item relating to section 962 and inserting the following:
``Sec. 962. Carbon capture technology program.''.
SEC. 4003. CARBON STORAGE VALIDATION AND TESTING.
(a) In General.--Section 963 of the Energy Policy Act of 2005 (42
U.S.C. 16293) is amended--
(1) by striking subsection (d) and inserting the following:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $200,000,000 for fiscal year 2021;
``(2) $200,000,000 for fiscal year 2022;
``(3) $150,000,000 for fiscal year 2023;
``(4) $150,000,000 for fiscal year 2024; and
``(5) $100,000,000 for fiscal year 2025.'';
(2) in subsection (c)--
(A) by striking paragraphs (5) and (6) and inserting
the following:
``(f) Cost Sharing.--Activities carried out under this section shall
be subject to the cost-sharing requirements of section 988.''; and
(B) by redesignating paragraph (4) as subsection (e)
and indenting appropriately;
(3) in subsection (e) (as so redesignated)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(B) by striking ``subsection'' each place it appears
and inserting ``section''; and
(4) by striking the section designation and heading and all
that follows through the end of subsection (c)(3) and inserting
the following:
``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.
``(a) Definitions.--In this section:
``(1) Large-scale carbon sequestration.--The term `large-
scale carbon sequestration' means a scale that--
``(A) demonstrates the ability to inject into
geologic formations and sequester carbon dioxide; and
[[Page 134 STAT. 2537]]
``(B) has a goal of sequestering not less than 50
million metric tons of carbon dioxide over a 10-year
period.
``(2) Program.--The term `program' means the program
established under subsection (b)(1).
``(b) Carbon Storage Program.--
``(1) In general.--The Secretary shall establish a program
of research, development, and demonstration for carbon storage.
``(2) Program activities.--Activities under the program
shall include--
``(A) <<NOTE: Coordination.>> in coordination with
relevant Federal agencies, developing and maintaining
mapping tools and resources that assess the capacity of
geologic storage formation in the United States;
``(B) developing monitoring tools, modeling of
geologic formations, and analyses--
``(i) to predict carbon dioxide containment;
and
``(ii) to account for sequestered carbon
dioxide in geologic storage sites;
``(C) researching--
``(i) potential environmental, safety, and
health impacts in the event of a leak into the
atmosphere or to an aquifer; and
``(ii) any corresponding mitigation actions or
responses to limit harmful consequences of such a
leak;
``(D) <<NOTE: Valuation.>> evaluating the
interactions of carbon dioxide with formation solids and
fluids, including the propensity of injections to induce
seismic activity;
``(E) <<NOTE: Assessment.>> assessing and ensuring
the safety of operations relating to geologic
sequestration of carbon dioxide;
``(F) <<NOTE: Determination.>> determining the fate
of carbon dioxide concurrent with and following
injection into geologic formations;
``(G) supporting cost and business model assessments
to examine the economic viability of technologies and
systems developed under the program; and
``(H) providing information to the Environmental
Protection Agency, States, local governments, Tribal
governments, and other appropriate entities, to ensure
the protection of human health and the environment.
``(3) Geologic settings.--In carrying out research
activities under this subsection, the Secretary shall consider a
variety of candidate onshore and offshore geologic settings,
including--
``(A) operating oil and gas fields;
``(B) depleted oil and gas fields;
``(C) residual oil zones;
``(D) unconventional reservoirs and rock types;
``(E) unmineable coal seams;
``(F) saline formations in both sedimentary and
basaltic geologies;
``(G) geologic systems that may be used as
engineered reservoirs to extract economical quantities
of brine from geothermal resources of low permeability
or porosity; and
``(H) geologic systems containing in situ carbon
dioxide mineralization formations.
``(c) Large-scale Carbon Sequestration Demonstration Program.--
``(1) In general.--The Secretary shall establish a
demonstration program under which the Secretary shall provide
[[Page 134 STAT. 2538]]
funding for demonstration projects to collect and validate
information on the cost and feasibility of commercial deployment
of large-scale carbon sequestration technologies.
``(2) Existing regional carbon sequestration partnerships.--
In carrying out paragraph (1), the Secretary may provide
additional funding to regional carbon sequestration partnerships
that are carrying out or have completed a large-scale carbon
sequestration demonstration project under this section (as in
effect on the day before the date of enactment of the Energy Act
of 2020) for additional work on that project.
``(3) Demonstration components.--Each demonstration project
carried out under this subsection shall include longitudinal
tests involving carbon dioxide injection and monitoring,
mitigation, and verification operations.
``(4) Clearinghouse.--The National Energy Technology
Laboratory shall act as a clearinghouse of shared information
and resources for--
``(A) existing or completed demonstration projects
receiving additional funding under paragraph (2); and
``(B) any new demonstration projects funded under
this subsection.
``(5) Report.--Not later than 1 year after the date of
enactment of the Energy Act of 2020, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Science, Space, and Technology of the House
of Representatives a report that--
``(A) <<NOTE: Assessments.>> assesses the progress
of all regional carbon sequestration partnerships
carrying out a demonstration project under this
subsection;
``(B) identifies the remaining challenges in
achieving large-scale carbon sequestration that is
reliable and safe for the environment and public health;
and
``(C) creates a roadmap for carbon storage research
and development activities of the Department through
2025, with the goal of reducing economic and policy
barriers to commercial carbon sequestration.
``(d) Integrated Storage.--
``(1) In general.--The Secretary may transition large-scale
carbon sequestration demonstration projects under subsection (c)
into integrated commercial storage complexes.
``(2) Goals and objectives.--The goals and objectives of the
Secretary in seeking to transition large-scale carbon
sequestration demonstration projects into integrated commercial
storage complexes under paragraph (1) shall be--
``(A) to identify geologic storage sites that are
able to accept large volumes of carbon dioxide
acceptable for commercial contracts;
``(B) to understand the technical and commercial
viability of carbon dioxide geologic storage sites; and
``(C) to carry out any other activities necessary to
transition the large-scale carbon sequestration
demonstration projects under subsection (c) into
integrated commercial storage complexes.''.
(b) Technical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600;
[[Page 134 STAT. 2539]]
121 Stat. 1708) is amended by striking the item relating to section 963
and inserting the following:
``Sec. 963. Carbon storage validation and testing.''.
(c) Conforming Amendments.--
(1) Section 703(a)(3) of the Department of Energy Carbon
Capture and Sequestration Research, Development, and
Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, in
the first sentence of the matter preceding subparagraph (A),
by--
(A) striking ``section 963(c)(3)'' and inserting
``section 963(c)''; and
(B) striking ``16293(c)(3)'' and inserting
``16293(c)''.
(2) Section 704 of the Department of Energy Carbon Capture
and Sequestration Research, Development, and Demonstration Act
of 2007 (42 U.S.C. 17252) is amended, in the first sentence,
by--
(A) striking ``section 963(c)(3)'' and inserting
``section 963(c)''; and
(B) striking ``16293(c)(3)'' and inserting
``16293(c)''.
SEC. 4004. CARBON UTILIZATION PROGRAM.
(a) Carbon Utilization Program.--
(1) In general.--Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at
the end the following:
``SEC. 969A. <<NOTE: 42 USC 16298a.>> CARBON UTILIZATION PROGRAM.
``(a) <<NOTE: Assessment.>> In General.--The Secretary shall
establish a program of research, development, and demonstration for
carbon utilization--
``(1) to assess and monitor--
``(A) potential changes in lifecycle carbon dioxide
and other greenhouse gas emissions; and
``(B) other environmental safety indicators of new
technologies, practices, processes, or methods used in
enhanced hydrocarbon recovery as part of the activities
authorized under section 963;
``(2) to identify and assess novel uses for carbon,
including the conversion of carbon and carbon oxides for
commercial and industrial products and other products with
potential market value;
``(3) to identify and assess carbon capture technologies for
industrial systems; and
``(4) to identify and assess alternative uses for raw coal
and processed coal products in all phases that result in no
significant emissions of carbon dioxide or other pollutants,
including products derived from carbon engineering, carbon
fiber, and coal conversion methods.
``(b) Demonstration Programs for the Purpose of Commercialization.--
``(1) <<NOTE: Deadline. Time period.>> In general.--Not
later than 180 days after the date of enactment of the Energy
Act of 2020, as part of the program established under subsection
(a), the Secretary shall establish a 2-year demonstration
program in each of the 2 major coal-producing regions of the
United States for the purpose of
[[Page 134 STAT. 2540]]
partnering with private institutions in coal mining regions to
accelerate the commercial deployment of coal-carbon products.
``(2) Cost sharing.--Activities under paragraph (1) shall be
subject to the cost-sharing requirements of section 988.
``(c) Carbon Utilization Research Center.--
``(1) In general.--In carrying out the program under
subsection (a), the Secretary shall establish and operate a
national Carbon Utilization Research Center (referred to in this
subsection as the `Center'), which shall focus on early stage
research and development activities including--
``(A) post-combustion and pre-combustion capture of
carbon dioxide;
``(B) advanced compression technologies for new and
existing fossil fuel-fired power plants;
``(C) technologies to convert carbon dioxide to
valuable products and commodities; and
``(D) advanced carbon dioxide storage technologies
that consider a range of storage regimes.
``(2) Selection.--The Secretary shall--
``(A) select the Center under this subsection on a
competitive, merit-reviewed basis; and
``(B) consider applications from the National
Laboratories, institutions of higher education,
multiinstitutional collaborations, and other appropriate
entities.
``(3) Existing centers.--In selecting the Center under this
subsection, the Secretary shall prioritize carbon utilization
research centers in existence on the date of enactment of the
Energy Act of 2020.
``(4) Duration.--The Center established under this
subsection shall receive support for a period of not more than 5
years, subject to the availability of appropriations.
``(5) <<NOTE: Time period.>> Renewal.--On the expiration of
any period of support of the Center, the Secretary may renew
support for the Center, on a merit-reviewed basis, for a period
of not more than 5 years.
``(6) Termination.--Consistent with the existing authorities
of the Department, the Secretary may terminate the Center for
cause during the performance period.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $54,000,000 for fiscal year 2021;
``(2) $55,250,000 for fiscal year 2022;
``(3) $56,562,500 for fiscal year 2023;
``(4) $57,940,625 for fiscal year 2024; and
``(5) $59,387,656 for fiscal year 2025.
``(e) Coordination.--The Secretary shall coordinate the activities
authorized in this section with the activities authorized in section 969
as part of one consolidated program at the Department. Nothing in
section 969 shall be construed as limiting the authorities provided in
this section.''.
(2) Technical amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
amended by adding at the end of the items relating to subtitle F
of title IX the following:
``Sec. 969A. Carbon utilization program.''.
(b) Study.--
[[Page 134 STAT. 2541]]
(1) In general.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine under which the National Academies of Sciences,
Engineering, and Medicine shall conduct a study to assess any
barriers and opportunities relating to commercializing carbon,
coal-derived carbon, and carbon dioxide in the United States.
(2) Requirements.--The study under paragraph (1) shall--
(A) analyze challenges to commercializing carbon
dioxide, including--
(i) expanding carbon dioxide pipeline
capacity;
(ii) mitigating environmental impacts;
(iii) access to capital;
(iv) geographic barriers; and
(v) regional economic challenges and
opportunities;
(B) identify potential markets, industries, or
sectors that may benefit from greater access to
commercial carbon dioxide;
(C) <<NOTE: Determination.>> determine the
feasibility of, and opportunities for, the
commercialization of coal-derived carbon products,
including for--
(i) commercial purposes;
(ii) industrial purposes;
(iii) defense and military purposes;
(iv) agricultural purposes, including soil
amendments and fertilizers;
(v) medical and pharmaceutical applications;
(vi) construction and building applications;
(vii) energy applications; and
(viii) production of critical minerals;
(D) <<NOTE: Assessment.>> assess--
(i) the state of infrastructure as of the date
of the study; and
(ii) any necessary updates to infrastructure
to allow for the integration of safe and reliable
carbon dioxide transportation, use, and storage;
(E) describe the economic, climate, and
environmental impacts of any well-integrated national
carbon dioxide pipeline system, including suggestions
for policies that could--
(i) improve the economic impact of the system;
and
(ii) mitigate impacts of the system;
(F) <<NOTE: Assessment.>> assess the global status
and progress of chemical and biological carbon
utilization technologies in practice as of the date of
the study that utilize anthropogenic carbon, including
carbon dioxide, carbon monoxide, methane, and biogas,
from power generation, biofuels production, and other
industrial processes;
(G) identify emerging technologies and approaches
for carbon utilization that show promise for scale-up,
demonstration, deployment, and commercialization;
(H) <<NOTE: Analysis.>> analyze the factors
associated with making carbon utilization technologies
viable at a commercial scale, including carbon waste
stream availability, economics, market capacity, energy,
and lifecycle requirements;
[[Page 134 STAT. 2542]]
(I)(i) <<NOTE: Assessment.>> assess the major
technical challenges associated with increasing the
commercial viability of carbon reuse technologies; and
(ii) identify the research and development questions
that will address the challenges described in clause
(i);
(J)(i) <<NOTE: Assessment.>> assess research
efforts being carried out as of the date of the study,
including basic, applied, engineering, and computational
research efforts, that are addressing the challenges
described in subparagraph (I)(i); and
(ii) identify gaps in the research efforts under
clause (i);
(K) develop a comprehensive research agenda that
addresses long- and short-term research needs and
opportunities for technologies that may be important to
minimizing net greenhouse gas emissions from the use of
coal and natural gas; and
(L)(i) identify appropriate Federal agencies with
capabilities to support small business entities; and
(ii) <<NOTE: Determination.>> determine what
assistance the Federal agencies identified under clause
(i) could provide to small business entities to further
the development and commercial deployment of carbon
dioxide-based products.
(3) Deadline.--Not later than 180 days after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit to the Secretary a report
describing the results of the study under paragraph (1).
SEC. 4005. HIGH EFFICIENCY TURBINES.
(a) In General.--Subtitle F of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
``SEC. <<NOTE: 42 USC 16298b.>> 969B. HIGH EFFICIENCY TURBINES.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Fossil Energy (referred to in this section as the
`Secretary'), shall establish a multiyear, multiphase program (referred
to in this section as the `program') of research, development, and
technology demonstration to improve the efficiency of gas turbines used
in power generation systems and aviation.
``(b) Program Elements.--The program shall--
``(1) support first-of-a-kind engineering and detailed gas
turbine design for small-scale and utility-scale electric power
generation, including--
``(A) high temperature materials, including
superalloys, coatings, and ceramics;
``(B) improved heat transfer capability;
``(C) manufacturing technology required to construct
complex 3-dimensional geometry parts with improved
aerodynamic capability;
``(D) combustion technology to produce higher firing
temperature while lowering nitrogen oxide and carbon
monoxide emissions per unit of output;
``(E) advanced controls and systems integration;
``(F) advanced high performance compressor
technology; and
``(G) validation facilities for the testing of
components and subsystems;
[[Page 134 STAT. 2543]]
``(2) include technology demonstration through component
testing, subscale testing, and full-scale testing in existing
fleets;
``(3) include field demonstrations of the developed
technology elements to demonstrate technical and economic
feasibility;
``(4) <<NOTE: Assessment.>> assess overall combined cycle
and simple cycle system performance;
``(5) increase fuel flexibility by enabling gas turbines to
operate with high proportions of, or pure, hydrogen or other
renewable gas fuels;
``(6) enhance foundational knowledge needed for low-emission
combustion systems that can work in high-pressure, high-
temperature environments required for high-efficiency cycles;
``(7) increase operational flexibility by reducing turbine
start-up times and improving the ability to accommodate flexible
power demand; and
``(8) <<NOTE: Determination.>> include any other elements
necessary to achieve the goals described in subsection (c), as
determined by the Secretary, in consultation with private
industry.
``(c) Program Goals.--
``(1) In general.--The goals of the program shall be--
``(A) in phase I, to develop a conceptual design of,
and to develop and demonstrate the technology required
for--
``(i) advanced high efficiency gas turbines to
achieve, on a lower heating value basis--
``(I) a combined cycle efficiency of
not less than 65 percent; or
``(II) a simple cycle efficiency of
not less than 47 percent; and
``(ii) aviation gas turbines to achieve a 25
percent reduction in fuel burn by improving fuel
efficiency to existing best-in-class turbo-fan
engines; and
``(B) in phase II, to develop a conceptual design of
advanced high efficiency gas turbines that can achieve,
on a lower heating value basis--
``(i) a combined cycle efficiency of not less
than 67 percent; or
``(ii) a simple cycle efficiency of not less
than 50 percent.
``(2) <<NOTE: Consultation.>> Additional goals.--If a goal
described in paragraph (1) has been achieved, the Secretary, in
consultation with private industry and the National Academy of
Sciences, may develop additional goals or phases for advanced
gas turbine research and development.
``(d) Financial Assistance.--
``(1) In general.--The Secretary may provide financial
assistance, including grants, to carry out the program.
``(2) <<NOTE: Deadline.>> Proposals.--Not later than 180
days after the date of enactment of the Energy Act of 2020, the
Secretary shall solicit proposals from industry, small
businesses, universities, and other appropriate parties for
conducting activities under this section.
``(3) Considerations.--In selecting proposed projects to
receive financial assistance under this subsection, the
Secretary shall give special consideration to the extent to
which the proposed project will--
[[Page 134 STAT. 2544]]
``(A) stimulate the creation or increased retention
of jobs in the United States; and
``(B) promote and enhance technology leadership in
the United States.
``(4) Competitive awards.--The Secretary shall provide
financial assistance under this subsection on a competitive
basis, with an emphasis on technical merit.
``(5) Cost sharing.--Financial assistance provided under
this subsection shall be subject to the cost sharing
requirements of section 988.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2021 through 2025.''.
(b) Technical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further amended
by adding at the end of the items relating to subtitle F of title IX the
following:
``Sec. 969B. High efficiency gas turbines.''.
SEC. 4006. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.
(a) In General.--Subtitle F of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
``SEC. 969C. <<NOTE: 42 USC 16298c.>> NATIONAL ENERGY TECHNOLOGY
LABORATORY REFORMS.
``(a) Special Hiring Authority for Scientific, Engineering, and
Project Management Personnel.--
``(1) In general.--The Director of the National Energy
Technology Laboratory (referred to in this section as the
`Director') may--
``(A) <<NOTE: Appointments.>> make appointments to
positions in the National Energy Technology Laboratory
to assist in meeting a specific project or research
need, without regard to civil service laws, of
individuals who--
``(i) have an advanced scientific or
engineering background; or
``(ii) have a business background and can
assist in specific technology-to-market needs;
``(B) fix the basic pay of any employee appointed
under subparagraph (A) at a rate not to exceed level II
of the Executive Schedule under section 5313 of title 5,
United States Code; and
``(C) pay any employee appointed under subparagraph
(A) payments in addition to the basic pay fixed under
subparagraph (B), subject to the condition that the
total amount of additional payments paid to an employee
under this subparagraph for any 12-month period shall
not exceed the least of--
``(i) $25,000;
``(ii) the amount equal to 25 percent of the
annual rate of basic pay of that employee; and
``(iii) the amount of the limitation that is
applicable for a calendar year under section
5307(a)(1) of title 5, United States Code.
``(2) Limitations.--
[[Page 134 STAT. 2545]]
``(A) In general.--The term of any employee
appointed under paragraph (1)(A) shall not exceed 3
years.
``(B) Full-time employees.--Not more than 10 full-
time employees appointed under paragraph (1)(A) may be
employed at the National Energy Technology Laboratory at
any given time.
``(b) Laboratory-directed Research and Development.--
``(1) <<NOTE: Effective date.>> In general.--Beginning in
fiscal year 2021, the National Energy Technology Laboratory
shall be eligible for laboratory-directed research and
development funding.
``(2) Authorization of funding.--
``(A) In general.--Each fiscal year, of funds made
available to the National Energy Technology Laboratory,
the Secretary may deposit an amount, not to exceed the
rate made available to the National Laboratories for
laboratory-directed research and development, in a
special fund account.
``(B) Use.--Amounts in the account under
subparagraph (A) shall only be available for laboratory-
directed research and development.
``(C) Requirements.--The account under subparagraph
(A)--
``(i) shall be administered by the Secretary;
``(ii) shall be available without fiscal year
limitation; and
``(iii) shall not be subject to appropriation.
``(3) Requirement.--The Director shall carry out laboratory-
directed research and development activities at the National
Energy Technology Laboratory consistent with Department of
Energy Order 413.2C, dated August 2, 2018 (or a successor
order).
``(4) Annual report on use of authority.--Annually, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on the use
of the authority provided under this subsection during the
preceding fiscal year.
``(c) Laboratory Operations.--The Secretary shall delegate human
resources operations of the National Energy Technology Laboratory to the
Director to assist in carrying out this section.
``(d) <<NOTE: Deadline.>> Review.--Not later than 2 years after the
date of enactment of the Energy Act of 2020, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report assessing the management and research
activities of the National Energy Technology Laboratory, which shall
include--
``(1) <<NOTE: Assessment.>> an assessment of the quality of
science and research at the National Energy Technology
Laboratory, relative to similar work at other National
Laboratories;
``(2) <<NOTE: Review.>> a review of the effectiveness of
authorities provided in subsections (a) and (b); and
``(3) <<NOTE: Recommenda- tions.>> recommendations for
policy changes within the Department and legislative changes to
provide the National Energy Technology Laboratory with the
necessary tools and resources to advance the research mission of
the National Energy Technology Laboratory.''.
[[Page 134 STAT. 2546]]
(b) Technical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further amended
by adding at the end of the items relating to subtitle F of title IX the
following:
``Sec. 969C. National energy technology laboratory reforms.''.
SEC. 4007. STUDY ON BLUE HYDROGEN TECHNOLOGY.
(a) Study.--The Secretary of Energy shall conduct a study to examine
opportunities for research and development in integrating blue hydrogen
technology in the industrial power sector and how that could enhance the
deployment and adoption of carbon capture and storage.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report that
describes the results of the study under subsection (a).
SEC. 4008. <<NOTE: 42 USC 10310.>> PRODUCED WATER RESEARCH AND
DEVELOPMENT.
(a) Establishment.--As soon as possible after the date of enactment
of this Act, the Secretary of Energy (in this section referred to as the
``Secretary'') shall establish a research and development program on
produced water to develop--
(1) new technologies and practices to reduce the
environmental impact; and
(2) opportunities for reprocessing of produced water at
natural gas or oil development sites.
(b) Prioritization.--In carrying out the program established under
subsection (a), the Secretary shall give priority to projects that
develop and bring to market--
(1) effective systems for on-site management or repurposing
of produced water; and
(2) new technologies or approaches to reduce the
environmental impact of produced water on local water sources
and the environment.
(c) Conduct of Program.--In carrying out the program established
under subsection (a), the Secretary shall carry out science-based
research and development activities to pursue--
(1) improved efficiency, technologies, and techniques for
produced water recycling stations; and
(2) alternative approaches to treating, reusing, storing, or
decontaminating produced water.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2021 through 2025.
TITLE V--CARBON REMOVAL
SEC. 5001. CARBON REMOVAL.
(a) In General.--Subtitle F of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
the following:
[[Page 134 STAT. 2547]]
``SEC. 969D. <<NOTE: 42 USC 16298d.>> CARBON REMOVAL.
``(a) <<NOTE: Coordination.>> Establishment.--The Secretary, in
coordination with the heads of appropriate Federal agencies, including
the Secretary of Agriculture, shall establish a research, development,
and demonstration program (referred to in this section as the `program')
to test, validate, or improve technologies and strategies to remove
carbon dioxide from the atmosphere on a large scale.
``(b) Intraagency Coordination.--The Secretary shall ensure that the
program includes the coordinated participation of the Office of Fossil
Energy, the Office of Science, and the Office of Energy Efficiency and
Renewable Energy.
``(c) Program Activities.--The program may include research,
development, and demonstration activities relating to--
``(1) direct air capture and storage technologies;
``(2) bioenergy with carbon capture and sequestration;
``(3) enhanced geological weathering;
``(4) agricultural practices;
``(5) forest management and afforestation; and
``(6) planned or managed carbon sinks, including natural and
artificial.
``(d) Requirements.--In developing and identifying carbon removal
technologies and strategies under the program, the Secretary shall
consider--
``(1) land use changes, including impacts on natural and
managed ecosystems;
``(2) ocean acidification;
``(3) net greenhouse gas emissions;
``(4) commercial viability;
``(5) potential for near-term impact;
``(6) potential for carbon reductions on a gigaton scale;
and
``(7) economic cobenefits.
``(e) Air Capture Prize Competitions.--
``(1) Definitions.--In this subsection:
``(A) Dilute media.--The term `dilute media' means
media in which the concentration of carbon dioxide is
less than 1 percent by volume.
``(B) Prize competition.--The term `prize
competition' means the competitive technology prize
competition established under paragraph (2).
``(C) Qualified carbon dioxide.--
``(i) In general.--The term `qualified carbon
dioxide' means any carbon dioxide that--
``(I) is captured directly from the
ambient air; and
``(II) is measured at the source of
capture and verified at the point of
disposal, injection, or utilization.
``(ii) Inclusion.--The term `qualified carbon
dioxide' includes the initial deposit of captured
carbon dioxide used as a tertiary injectant.
``(iii) Exclusion.--The term `qualified carbon
dioxide' does not include carbon dioxide that is
recaptured, recycled, and reinjected as part of
the enhanced oil and natural gas recovery process.
``(D) Qualified direct air capture facility.--
[[Page 134 STAT. 2548]]
``(i) In general.--The term `qualified direct
air capture facility' means any facility that--
``(I) uses carbon capture equipment
to capture carbon dioxide directly from
the ambient air; and
``(II) captures more than 50,000
metric tons of qualified carbon dioxide
annually.
``(ii) Exclusion.--The term `qualified direct
air capture facility' does not include any
facility that captures carbon dioxide--
``(I) that is deliberately released
from naturally occurring subsurface
springs; or
``(II) using natural photosynthesis.
``(2) <<NOTE: Deadline. Consultation.>> Establishment.--Not
later than 2 years after the date of enactment of the Energy Act
of 2020, the Secretary, in consultation with the Administrator
of the Environmental Protection Agency, shall establish as part
of the program a competitive technology prize competition to
award prizes for--
``(A) precommercial carbon dioxide capture from
dilute media; and
``(B) commercial applications of direct air capture
technologies.
``(3) Requirements.--In carrying out this subsection, the
Secretary, in accordance with section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719), shall
develop requirements for--
``(A) the prize competition process; and
``(B) monitoring and verification procedures for
projects selected to receive a prize under the prize
competition.
``(4) Eligible projects.--
``(A) Precommercial air capture projects.--With
respect to projects described in paragraph (2)(A), to be
eligible to be awarded a prize under the prize
competition, a project shall--
``(i) meet minimum performance standards set
by the Secretary;
``(ii) meet minimum levels set by the
Secretary for the capture of carbon dioxide from
dilute media; and
``(iii) demonstrate in the application of the
project for a prize--
``(I) a design for a promising
carbon capture technology that will--
``(aa) be operated on a
demonstration scale; and
``(bb) have the potential to
achieve significant reduction in
the level of carbon dioxide in
the atmosphere;
``(II) a successful bench-scale
demonstration of a carbon capture
technology; or
``(III) an operational carbon
capture technology on a commercial
scale.
``(B) Commercial direct air capture projects.--
``(i) In general.--With respect to projects
described in paragraph (2)(B), the Secretary shall
award prizes under the prize competition to
qualified direct air capture facilities for metric
tons of qualified
[[Page 134 STAT. 2549]]
carbon dioxide captured and verified at the point
of disposal, injection, or utilization.
``(ii) Amount of award.--The amount of the
award per metric ton under clause (i)--
``(I) shall be equal for each
qualified direct air capture facility
selected for a prize under the prize
competition; and
``(II) <<NOTE: Determination.>>
shall be determined by the Secretary and
in any case shall not exceed--
``(aa) $180 for qualified
carbon dioxide captured and
stored in saline storage
formations;
``(bb) a lesser amount, as
determined by the Secretary, for
qualified carbon dioxide
captured and stored in
conjunction with enhanced oil
recovery operations; or
``(cc) a lesser amount, as
determined by the Secretary, for
qualified carbon dioxide
captured and utilized in any
activity consistent with section
45Q(f)(5) of the Internal
Revenue Code of 1986.
``(iii) Requirement.--The Secretary shall make
awards under this subparagraph until appropriated
funds are expended.
``(f) Direct Air Capture Test Center.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 2
years after the date of enactment of the Energy Act of 2020, the
Secretary shall award grants to 1 or more entities for the
operation of 1 or more test centers (referred to in this
subsection as a `Center') to provide distinct testing
capabilities for innovative direct air capture and storage
technologies.
``(2) Purpose.--Each Center shall--
``(A) advance research, development, demonstration,
and commercial application of direct air capture and
storage technologies;
``(B) support large-scale pilot and demonstration
projects and test direct air capture and storage
technologies; and
``(C) develop front-end engineering design and
economic analysis.
``(3) Selection.--
``(A) In general.--The Secretary shall select
entities to receive grants under this subsection
according to such criteria as the Secretary may develop.
``(B) Competitive basis.--The Secretary shall select
entities to receive grants under this subsection on a
competitive basis.
``(C) Priority criteria.--In selecting entities to
receive grants under this subsection, the Secretary
shall prioritize consideration of applicants that--
``(i) have access to existing or planned
research facilities for direct air capture and
storage technologies;
``(ii) are institutions of higher education
with established expertise in engineering for
direct air capture and storage technologies, or
partnerships with such institutions of higher
education; or
[[Page 134 STAT. 2550]]
``(iii) have access to existing research and
test facilities for bulk materials design and
testing, component design and testing, or
professional engineering design.
``(4) Formula for awarding grants.--The Secretary may
develop a formula for awarding grants under this subsection.
``(5) Schedule.--
``(A) In general.--Each grant awarded under this
subsection shall be for a term of not more than 5 years,
subject to the availability of appropriations.
``(B) Renewal.--The Secretary may renew a grant for
1 or more additional 5-year terms, subject to a
competitive merit review and the availability of
appropriations.
``(6) <<NOTE: Time period. Determination.>> Termination.--
To the extent otherwise authorized by law, the Secretary may
eliminate, and terminate grant funding under this subsection
for, a Center during any 5-year term described in paragraph (5)
if the Secretary determines that the Center is underperforming.
``(g) Pilot and Demonstration Projects.--In supporting the
technology development activities under this section, the Secretary is
encouraged to support carbon removal pilot and demonstration projects,
including--
``(1) pilot projects that test direct air capture systems
capable of capturing 10 to 100 tonnes of carbon oxides per year
to provide data for demonstration-scale projects; and
``(2) direct air capture demonstration projects capable of
capturing greater than 1,000 tonnes of carbon oxides per year.
``(h) Intraagency Collaboration.--In carrying out the program, the
Secretary shall encourage and promote collaborations among relevant
offices and agencies within the Department.
``(i) Accounting.--The Secretary shall collaborate with the
Administrator of the Environmental Protection Agency and the heads of
other relevant Federal agencies to develop and improve accounting
frameworks and tools to accurately measure carbon removal and
sequestration methods and technologies.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $175,000,000 for fiscal year 2021, of which--
``(A) $15,000,000 shall be used to carry out
subsection (e)(2)(A), to remain available until
expended; and
``(B) $100,000,000 shall be used to carry out
subsection (e)(2)(B), to remain available until
expended;
``(2) $63,500,000 for fiscal year 2022;
``(3) $66,150,000 for fiscal year 2023;
``(4) $69,458,000 for fiscal year 2024; and
``(5) $72,930,000 for fiscal year 2025.''.
(b) Technical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further amended
by adding at the end of the items relating to subtitle F of title IX the
following:
``Sec. 969D. Carbon removal.''.
SEC. 5002. <<NOTE: 42 USC 16298e.>> CARBON DIOXIDE REMOVAL TASK
FORCE AND REPORT.
(a) Definition of Carbon Dioxide Removal.--In this section, the term
``carbon dioxide removal'' means the capture of carbon
[[Page 134 STAT. 2551]]
dioxide directly from ambient air or, in dissolved form, from seawater,
combined with the sequestration of that carbon dioxide, including
through--
(1) direct air capture and sequestration;
(2) enhanced carbon mineralization;
(3) bioenergy with carbon capture and sequestration;
(4) forest restoration;
(5) soil carbon management; and
(6) direct ocean capture.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy (in this section referred to as the
``Secretary''), in consultation with the heads of any other relevant
Federal agencies, shall prepare a report that--
(1) <<NOTE: Estimate.>> estimates the magnitude of excess
carbon dioxide in the atmosphere that will need to be removed by
2050 to achieve net-zero emissions and stabilize the climate;
(2) <<NOTE: Inventory.>> inventories current and emerging
approaches of carbon dioxide removal and evaluates the
advantages and disadvantages of each of the approaches; and
(3) <<NOTE: Recommenda- tions.>> identifies recommendations
for legislation, funding, rules, revisions to rules, financing
mechanisms, or other policy tools that the Federal Government
can use to sufficiently advance the deployment of carbon dioxide
removal projects in order to meet, in the aggregate, the
magnitude of needed removals estimated under paragraph (1),
including policy tools, such as--
(A) grants;
(B) loans or loan guarantees;
(C) public-private partnerships;
(D) direct procurement;
(E) incentives, including subsidized Federal
financing mechanisms available to project developers;
(F) advance market commitments;
(G) regulations; and
(H) any other policy mechanism determined by the
Secretary to be beneficial for advancing carbon dioxide
removal methods and the deployment of carbon dioxide
removal projects.
(c) Submission; Publication.--The Secretary shall--
(1) submit the report prepared under subsection (b) to the
Committee on Energy and Natural Resources of the Senate and the
Committees on Energy and Commerce and Science, Space, and
Technology of the House of Representatives; and
(2) <<NOTE: Public information.>> as soon as practicable
after completion of the report, make the report publicly
available.
(d) Evaluation; Revision.--
(1) <<NOTE: Deadline. Time period.>> In general.--Not later
than 2 years after the date on which the Secretary publishes the
report under subsection (c)(2), and every 2 years thereafter,
the Secretary shall evaluate the findings and recommendations of
the report, or the most recent updated report submitted under
paragraph (2)(B), as applicable, taking into consideration any
issues and recommendations identified by the task force
established under subsection (e)(1).
(2) Revision.--After completing each evaluation under
paragraph (1), the Secretary shall--
(A) revise the report as necessary; and
[[Page 134 STAT. 2552]]
(B) if the Secretary revises the report under
subparagraph (A), submit and publish the updated report
in accordance with subsection (c).
(e) Task Force.--
(1) <<NOTE: Deadline.>> Establishment and duties.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall establish a task force--
(A) to identify barriers to advancement of carbon
dioxide removal methods and the deployment of carbon
dioxide removal projects;
(B) to inventory existing or potential Federal
legislation, rules, revisions to rules, financing
mechanisms, or other policy tools that are capable of
advancing carbon dioxide removal methods and the
deployment of carbon dioxide removal projects;
(C) to assist in preparing the report described in
subsection (b) and any updates to the report under
subsection (d); and
(D) to advise the Secretary on matters pertaining to
carbon dioxide removal.
(2) Members and selection.--The Secretary shall--
(A) develop criteria for the selection of members to
the task force established under paragraph (1); and
(B) select members for the task force in accordance
with the criteria developed under subparagraph (A).
(3) Meetings.--The task force shall meet not less frequently
than once each year.
(4) <<NOTE: Deadline.>> Evaluation.--Not later than 7 years
after the date of enactment of this Act, the Secretary shall--
(A) reevaluate the need for the task force
established under paragraph (1); and
(B) <<NOTE: Recommenda- tion.>> submit to Congress
a recommendation as to whether the task force should
continue.
TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES
SEC. 6001. <<NOTE: 42 USC 17113 note.>> PURPOSE.
The purpose of this title and the amendments made by this title is
to encourage the development and evaluation of innovative technologies
aimed at increasing--
(1) the technological and economic competitiveness of
industry and manufacturing in the United States; and
(2) the emissions reduction of nonpower industrial sectors.
SEC. 6002. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
EFFICIENT TECHNOLOGIES FOR INDUSTRY.
Section 6(a) of the American Energy Manufacturing Technical
Corrections Act (42 U.S.C. 6351(a)) is amended--
(1) by striking ``Industrial Technologies Program'' each
place it appears and inserting ``Advanced Manufacturing
Office''; and
(2) in the matter preceding paragraph (1), by striking
``Office of Energy'' and all that follows through ``Office of
Science'' and inserting ``Department of Energy''.
[[Page 134 STAT. 2553]]
SEC. 6003. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
PROGRAM.
(a) In General.--Subtitle D of title IV of the Energy Independence
and Security Act of 2007 is amended by adding at the end the following:
``SEC. 454. <<NOTE: 42 USC 17113.>> INDUSTRIAL EMISSIONS
REDUCTION TECHNOLOGY DEVELOPMENT
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a scientist or other individual with knowledge
and expertise in emissions reduction;
``(B) an institution of higher education;
``(C) a nongovernmental organization;
``(D) a National Laboratory;
``(E) a private entity; and
``(F) a partnership or consortium of 2 or more
entities described in subparagraphs (B) through (E).
``(3) Emissions reduction.--
``(A) In general.--The term `emissions reduction'
means the reduction, to the maximum extent practicable,
of net nonwater greenhouse gas emissions to the
atmosphere by energy services and industrial processes.
``(B) Exclusion.--The term `emissions reduction'
does not include the elimination of carbon embodied in
the principal products of industrial manufacturing.
``(4) Program.--The term `program' means the program
established under subsection (b)(1).
``(5) Critical material or mineral.--The term `critical
material or mineral' means a material or mineral that serves an
essential function in the manufacturing of a product and has a
high risk of a supply disruption, such that a shortage of such a
material or mineral would have significant consequences for
United States economic or national security.
``(b) Industrial Emissions Reduction Technology Development
Program.--
``(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 1 year after the date of enactment of the Energy Act
of 2020, the Secretary, in consultation with the Director, the
heads of relevant Federal agencies, National Laboratories,
industry, and institutions of higher education, shall establish
a crosscutting industrial emissions reduction technology
development program of research, development, demonstration, and
commercial application to advance innovative technologies that--
``(A) increase the technological and economic
competitiveness of industry and manufacturing in the
United States;
``(B) increase the viability and competitiveness of
United States industrial technology exports; and
``(C) achieve emissions reduction in nonpower
industrial sectors.
``(2) Coordination.--In carrying out the program, the
Secretary shall--
``(A) coordinate with each relevant office in the
Department and any other Federal agency;
[[Page 134 STAT. 2554]]
``(B) coordinate and collaborate with the Industrial
Technology Innovation Advisory Committee established
under section 456; and
``(C) coordinate and seek to avoid duplication with
the energy-intensive industries program established
under section 452.
``(3) Leverage of existing resources.--In carrying out the
program, the Secretary shall leverage, to the maximum extent
practicable--
``(A) existing resources and programs of the
Department and other relevant Federal agencies; and
``(B) public-private partnerships.
``(c) Focus Areas.--The program shall focus on--
``(1) industrial production processes, including
technologies and processes that--
``(A) achieve emissions reduction in high emissions
industrial materials production processes, including
production processes for iron, steel, steel mill
products, aluminum, cement, concrete, glass, pulp,
paper, and industrial ceramics;
``(B) achieve emissions reduction in medium- and
high-temperature heat generation, including--
``(i) through electrification of heating
processes;
``(ii) through renewable heat generation
technology;
``(iii) through combined heat and power; and
``(iv) by switching to alternative fuels,
including hydrogen and nuclear energy;
``(C) achieve emissions reduction in chemical
production processes, including by incorporating, if
appropriate and practicable, principles, practices, and
methodologies of sustainable chemistry and engineering;
``(D) leverage smart manufacturing technologies and
principles, digital manufacturing technologies, and
advanced data analytics to develop advanced technologies
and practices in information, automation, monitoring,
computation, sensing, modeling, and networking to--
``(i) model and simulate manufacturing
production lines;
``(ii) monitor and communicate production line
status;
``(iii) manage and optimize energy
productivity and cost throughout production; and
``(iv) model, simulate, and optimize the
energy efficiency of manufacturing processes;
``(E) leverage the principles of sustainable
manufacturing to minimize the potential negative
environmental impacts of manufacturing while conserving
energy and resources, including--
``(i) by designing products that enable reuse,
refurbishment, remanufacturing, and recycling;
``(ii) by minimizing waste from industrial
processes, including through the reuse of waste as
other resources in other industrial processes for
mutual benefit; and
``(iii) by increasing resource efficiency; and
``(F) increase the energy efficiency of industrial
processes;
[[Page 134 STAT. 2555]]
``(2) alternative materials that produce fewer emissions
during production and result in fewer emissions during use,
including--
``(A) high-performance lightweight materials; and
``(B) substitutions for critical materials and
minerals;
``(3) development of net-zero emissions liquid and gaseous
fuels;
``(4) emissions reduction in shipping, aviation, and long
distance transportation;
``(5) carbon capture technologies for industrial processes;
``(6) other technologies that achieve net-zero emissions in
nonpower industrial sectors, as determined by the Secretary, in
consultation with the Director; and
``(7) high-performance computing to develop advanced
materials and manufacturing processes contributing to the focus
areas described in paragraphs (1) through (6), including--
``(A) modeling, simulation, and optimization of the
design of energy efficient and sustainable products; and
``(B) the use of digital prototyping and additive
manufacturing to enhance product design.
``(8) incorporation of sustainable chemistry and engineering
principles, practices, and methodologies, as the Secretary
determines appropriate; and
``(9) other research or technology areas identified in the
Strategic Plan authorized in section 455.
``(d) Grants, Contracts, Cooperative Agreements, and Demonstration
Projects.--
``(1) Grants.--In carrying out the program, the Secretary
shall award grants on a competitive basis to eligible entities
for projects that the Secretary determines would best achieve
the goals of the program.
``(2) Contracts and cooperative agreements.--In carrying out
the program, the Secretary may enter into contracts and
cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would
further the purposes of the program.
``(3) Demonstration projects.--In supporting technologies
developed under this section, the Secretary shall fund
demonstration projects that test and validate technologies
described in subsection (c).
``(4) Application.--An entity seeking funding or a contract
or agreement under this subsection shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary may require.
``(5) Cost sharing.--In awarding funds under this section,
the Secretary shall require cost sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the demonstration projects
authorized in subsection (d)(3)--
``(1) $20,000,000 for fiscal year 2021;
``(2) $80,000,000 for fiscal year 2022;
``(3) $100,000,000 for fiscal year 2023;
``(4) $150,000,000 for fiscal year 2024; and
``(5) $150,000,000 for fiscal year 2025.
``(f) Coordination.--The Secretary shall carry out the activities
authorized in this section in accordance with section 203 of the
[[Page 134 STAT. 2556]]
Department of Energy Research and Innovation Act (42 U.S.C. 18631).''.
(b) Technical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) is amended by inserting after the item relating to section 453 the
following:
``Sec. 454. Industrial emissions reduction technology development
program.''.
SEC. 6004. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.
(a) In General.--Subtitle D of title IV of the Energy Independence
and Security Act of 2007, as amended by section 6003, is amended by
adding at the end the following:
``SEC. 455. <<NOTE: 42 USC 17114.>> INDUSTRIAL TECHNOLOGY
INNOVATION ADVISORY COMMITTEE.
``(a) Definitions.--In this section:
``(1) Committee.--The term `Committee' means the Industrial
Technology Innovation Advisory Committee established under
subsection (b).
``(2) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy.
``(3) Emissions reduction.--The term `emissions reduction'
has the meaning given the term in section 454(a).
``(4) Program.--The term `program' means the industrial
emissions reduction technology development program established
under section 454(b)(1).
``(b) <<NOTE: Deadline. Consultation.>> Establishment.--Not later
than 180 days after the date of enactment of the Energy Act of 2020, the
Secretary, in consultation with the Director, shall establish an
advisory committee, to be known as the `Industrial Technology Innovation
Advisory Committee'.
``(c) Membership.--
``(1) <<NOTE: Consultation.>> Appointment.--The Committee
shall be comprised of not fewer than 16 members and not more
than 20 members, who shall be appointed by the Secretary, in
consultation with the Director.
``(2) Representation.--Members appointed pursuant to
paragraph (1) shall include--
``(A) not less than 1 representative of each
relevant Federal agency, as determined by the Secretary;
``(B) the Chair of the Secretary of Energy Advisory
Board, if that position is filled;
``(C) not less than 2 representatives of labor
groups;
``(D) not less than 3 representatives of the
research community, which shall include academia and
National Laboratories;
``(E) not less than 2 representatives of
nongovernmental organizations;
``(F) not less than 6 representatives of small- and
large-scale industry, the collective expertise of which
shall cover every focus area described in section
454(c); and
``(F) not less than 1 representative of a State
government; and
``(G) <<NOTE: Coordination. Determination.>> any
other individuals the Secretary, in coordination with
the Director, determines to be necessary to ensure
[[Page 134 STAT. 2557]]
that the Committee is comprised of a diverse group of
representatives of industry, academia, independent
researchers, and public and private entities.
``(3) Chair.--The Secretary shall designate a member of the
Committee to serve as Chair.
``(d) Duties.--
``(1) In general.--The Committee shall--
``(A) in consultation with the Secretary and the
Director, propose missions and goals for the program,
which shall be consistent with the purposes of the
program described in section 454(b)(1); and
``(B) advise the Secretary with respect to the
program--
``(i) by identifying and evaluating any
technologies being developed by the private sector
relating to the focus areas described in section
454(c);
``(ii) by identifying technology gaps in the
private sector or other Federal agencies in those
focus areas, and making recommendations to address
those gaps;
``(iii) by surveying and analyzing factors
that prevent the adoption of emissions reduction
technologies by the private sector; and
``(iv) by recommending technology screening
criteria for technology developed under the
program to encourage adoption of the technology by
the private sector; and
``(C) develop the strategic plan described in
paragraph (2).
``(2) Strategic plan.--
``(A) Purpose.--The purpose of the strategic plan
developed under paragraph (1)(C) is to set forth a plan
for achieving the goals of the program established in
section 454(b)(1), including for the focus areas
described in section 454(c).
``(B) Contents.--The strategic plan developed under
paragraph (1)(C) shall--
``(i) specify near-term and long-term
qualitative and quantitative objectives relating
to each focus area described in section 454(c),
including research, development, demonstration,
and commercial application objectives;
``(ii) leverage existing roadmaps relevant to
the program in section 454(b)(1) and the focus
areas in section 454(c);
``(iii) specify the anticipated timeframe for
achieving the objectives specified under clause
(i);
``(iv) include plans for developing emissions
reduction technologies that are globally cost-
competitive, including, as applicable, in
developing economies;
``(v) identify the appropriate role for
investment by the Federal Government, in
coordination with the private sector, to achieve
the objectives specified under clause (i);
``(vi) identify the public and private costs
of achieving the objectives specified under clause
(i); and
``(vii) estimate the economic and employment
impact in the United States of achieving those
objectives.
[[Page 134 STAT. 2558]]
``(e) Meetings.--
``(1) Frequency.--The Committee shall meet not less
frequently than 2 times per year, at the call of the Chair.
``(2) <<NOTE: Deadline.>> Initial meeting.--Not later than
30 days after the date on which the members are appointed under
subsection (b), the Committee shall hold its first meeting.
``(f) Committee Report.--
``(1) <<NOTE: Time period.>> In general.--Not later than 2
years after the date of enactment of the Energy Act of 2020, and
not less frequently than once every 3 years thereafter, the
Committee shall submit to the Secretary a report on the progress
of achieving the purposes of the program.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) a description of any technology innovation
opportunities identified by the Committee;
``(B) a description of any technology gaps
identified by the Committee under subsection
(d)(1)(B)(ii);
``(C) <<NOTE: Recommenda- tions.>> recommendations
for improving technology screening criteria and
management of the program;
``(D) <<NOTE: Evaluation.>> an evaluation of the
progress of the program and the research, development,
and demonstration activities funded under the program;
``(E) <<NOTE: Recommenda- tion.>> any recommended
changes to the focus areas of the program described in
section 454(c);
``(F) a description of the manner in which the
Committee has carried out the duties described in
subsection (d)(1) and any relevant findings as a result
of carrying out those duties;
``(G) if necessary, an update to the strategic plan
developed by the Committee under subsection (d)(1)(C);
``(H) the progress made in achieving the goals set
out in that strategic plan;
``(I) <<NOTE: Review.>> a review of the management,
coordination, and industry utility of the program;
``(J) <<NOTE: Assessment.>> an assessment of the
extent to which progress has been made under the program
in developing commercial, cost-competitive technologies
in each focus area described in section 454(c); and
``(K) <<NOTE: Assessment.>> an assessment of the
effectiveness of the program in coordinating efforts
within the Department and with other Federal agencies to
achieve the purposes of the program.
``(g) Report to Congress.--Not later than 60 days after receiving a
report from the Committee under subsection (f), the Secretary shall
submit a copy of that report to the Committees on Appropriations and
Science, Space, and Technology of the House of Representatives, the
Committees on Appropriations and Energy and Natural Resources of the
Senate, and any other relevant Committee of Congress.
``(h) Applicability of Federal Advisory Committee Act.--Except as
otherwise provided in this section, the Federal Advisory Committee Act
(5 U.S.C. App.) shall apply to the Committee.''.
(b) Technical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (Public Law 110-
[[Page 134 STAT. 2559]]
140; 121 Stat. 1494) (as amended by section 6003(b)) is amended by
inserting after the item relating to section 454 the following:
``Sec. 455. Industrial Technology Innovation Advisory Committee.''.
SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
EMISSIONS REDUCTION.
(a) In General.--Subtitle D of title IV of the Energy Independence
and Security Act of 2007, as amended by section 6004, is amended by
adding at the end the following:
``SEC. 456. <<NOTE: 42 USC 17115.>> TECHNICAL ASSISTANCE PROGRAM
TO IMPLEMENT INDUSTRIAL EMISSIONS
REDUCTION.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a territory or possession of the United
States;
``(D) a relevant State or local office, including an
energy office;
``(E) a tribal organization (as defined in section
3765 of title 38, United States Code);
``(F) an institution of higher education; and
``(G) a private entity; and
``(H) a trade association or technical society.
``(2) Emissions reduction.--The term `emissions reduction'
has the meaning given the term in section 454(a).
``(3) Program.--The term `program' means the program
established under subsection (b).
``(b) <<NOTE: Deadline.>> Establishment.--Not later than 1 year
after the date of enactment of the Energy Act of 2020, the Secretary
shall establish a program to provide technical assistance to eligible
entities to promote the commercial application of emission reduction
technologies developed through the program established in section
454(b).
``(c) Applications.--
``(1) In general.--An eligible entity desiring technical
assistance under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) <<NOTE: Time period.>> Application process.--The
Secretary shall seek applications for technical assistance under
the program on a periodic basis, but not less frequently than
once every 12 months.
``(3) Factors for consideration.--In selecting eligible
entities for technical assistance under the program, the
Secretary shall, to the maximum extent practicable--
``(A) give priority to--
``(i) activities carried out with technical
assistance under the program that have the
greatest potential for achieving emissions
reduction in nonpower industrial sectors;
``(ii) activities carried out in a State in
which there are active or inactive industrial
facilities that may be used or retrofitted to
carry out activities under the focus areas
described in section 454(c); and
[[Page 134 STAT. 2560]]
``(iii) activities carried out in an
economically distressed area (as described in
section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a))); and
``(B) ensure that--
``(i) there is geographic diversity among the
eligible entities selected; and
``(ii) the activities carried out with
technical assistance under the program reflect a
majority of the focus areas described in section
454(c).''.
(b) Technical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) (as amended by section 6004(b)) is amended by inserting after the
item relating to section 455 the following:
``Sec. 456. Technical assistance program to implement industrial
emissions reduction.''.
SEC. 6006. <<NOTE: 42 USC 17115a.>> DEVELOPMENT OF NATIONAL SMART
MANUFACTURING PLAN.
(a) <<NOTE: Deadline. Consultation.>> In General.--Not later than 3
years after the date of enactment of this Act, the Secretary of Energy
(in this section referred to as the ``Secretary''), in consultation with
the National Academies, shall develop and complete a national plan for
smart manufacturing technology development and deployment to improve the
productivity and energy efficiency of the manufacturing sector of the
United States.
(b) Content.--
(1) In general.--The plan developed under subsection (a)
shall identify areas in which agency actions by the Secretary
and other heads of relevant Federal agencies would--
(A) facilitate quicker development, deployment, and
adoption of smart manufacturing technologies and
processes;
(B) result in greater energy efficiency and lower
environmental impacts for all American manufacturers;
and
(C) enhance competitiveness and strengthen the
manufacturing sectors of the United States.
(2) Inclusions.--Agency actions identified under paragraph
(1) shall include--
(A <<NOTE: Assessment.>> ) an assessment of previous
and current actions of the Department relating to smart
manufacturing;
(B) the establishment of voluntary interconnection
protocols and performance standards;
(C) the use of smart manufacturing to improve energy
efficiency and reduce emissions in supply chains across
multiple companies;
(D) actions to increase cybersecurity in smart
manufacturing infrastructure;
(E) deployment of existing research results;
(F) the leveraging of existing high-performance
computing infrastructure; and
(G) consideration of the impact of smart
manufacturing on existing manufacturing jobs and future
manufacturing jobs.
[[Page 134 STAT. 2561]]
(c) <<NOTE: Deadline. Time period.>> Biennial Revisions.--Not later
than 2 years after the date on which the Secretary completes the plan
under subsection (a), and not less frequently than once every 2 years
thereafter, the Secretary shall revise the plan to account for
advancements in information and communication technology and
manufacturing needs.
(d) Report.--Annually until the completion of the plan under
subsection (a), the Secretary shall submit to Congress a report on the
progress made in developing the plan.
(e) Definition.--In this section, the term ``smart manufacturing''
means advanced technologies in information, automation, monitoring,
computation, sensing, modeling, artificial intelligence, analytics, and
networking that--
(1) digitally--
(A) simulate manufacturing production lines;
(B) operate computer-controlled manufacturing
equipment;
(C) monitor and communicate production line status;
and
(D) manage and optimize energy productivity and cost
throughout production;
(2) model, simulate, and optimize the energy efficiency of a
factory building;
(3) monitor and optimize building energy performance;
(4) model, simulate, and optimize the design of energy
efficient and sustainable products, including the use of digital
prototyping and additive manufacturing to enhance product
design;
(5) connect manufactured products in networks to monitor and
optimize the performance of the networks, including automated
network operations; and
(6) digitally connect the supply chain network.
TITLE VII--CRITICAL MINERALS
SEC. 7001. <<NOTE: 42 USC 13344.>> RARE EARTH ELEMENTS.
(a) Research Program.--
(1) In general.--The Secretary of Energy, acting through the
Assistant Secretary for Fossil Energy (referred to in this
section as the ``Secretary''), shall conduct a program of
research and development--
(A) to develop and assess advanced separation
technologies for the extraction and recovery of rare
earth elements and other critical materials from coal
and coal byproducts; and
(B) to determine if there are, and mitigate, any
potential environmental or public health impacts that
could arise from the recovery of rare earth elements
from coal-based resources.
(2) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out the program
described in paragraph (1)--
(A) $23,000,000 for each of fiscal years 2021 and
2022;
(B) $24,200,000 for fiscal year 2023;
(C) $25,400,000 for fiscal year 2024;
(D) $26,600,000 for fiscal year 2025; and
[[Page 134 STAT. 2562]]
(E) $27,800,000 for fiscal year 2026.
(b) <<NOTE: Evaluation.>> Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committees on Science, Space, and Technology and Energy and Commerce of
the House of Representatives a report evaluating the development of
advanced separation technologies for the extraction and recovery of rare
earth elements and other critical materials from coal and coal
byproducts, including acid mine drainage from coal mines.
(c) <<NOTE: Definition.>> Critical Material.--In this section, the
term ``critical material'' has the meaning given the term in section
7002 of this Act.
SEC. 7002. <<NOTE: 30 USC 1606.>> MINERAL SECURITY.
(a) Definitions.--In this section:
(1) Byproduct.--The term ``byproduct'' means a critical
mineral--
(A) the recovery of which depends on the production
of a host mineral that is not designated as a critical
mineral; and
(B) that exists in sufficient quantities to be
recovered during processing or refining.
(2) Critical material.--The term ``critical material''
means--
(A) any non-fuel mineral, element, substance, or
material that the Secretary of Energy determines--
(i) has a high risk of a supply chain
disruption; and
(ii) serves an essential function in 1 or more
energy technologies, including technologies that
produce, transmit, store, and conserve energy; or
(B) a critical mineral.
(3) Critical mineral.--
(A) In general.--The term ``critical mineral'' means
any mineral, element, substance, or material designated
as critical by the Secretary under subsection (c).
(B) Exclusions.--The term ``critical mineral'' does
not include--
(i) fuel minerals;
(ii) water, ice, or snow;
(iii) common varieties of sand, gravel, stone,
pumice, cinders, and clay.
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
(7) Institution of higher education.--The term ``institution
of higher education'' means--
[[Page 134 STAT. 2563]]
(A) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); or
(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))).
(b) Policy.--
(1) In general.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1602) is amended--
(A) by striking paragraph (3) and inserting the
following:
``(3) establish an analytical and forecasting capability for
identifying critical mineral demand, supply, and other factors
to allow informed actions to be taken to avoid supply shortages,
mitigate price volatility, and prepare for demand growth and
other market shifts;'';
(B) in paragraph (6), by striking ``and'' after the
semicolon at the end; and
(C) by striking paragraph (7) and inserting the
following:
``(7) facilitate the availability, development, and
environmentally responsible production of domestic resources to
meet national material or critical mineral needs;
``(8) avoid duplication of effort, prevent unnecessary
paperwork, and minimize delays in the administration of
applicable laws (including regulations) and the issuance of
permits and authorizations necessary to explore for, develop,
and produce critical minerals and to construct critical mineral
manufacturing facilities in accordance with applicable
environmental and land management laws;
``(9) strengthen--
``(A) educational and research capabilities at not
lower than the secondary school level; and
``(B) workforce training for exploration and
development of critical minerals and critical mineral
manufacturing;
``(10) bolster international cooperation through technology
transfer, information sharing, and other means;
``(11) promote the efficient production, use, and recycling
of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.''.
(2) Conforming amendment.--Section 2(b) of the National
Materials and Minerals Policy, Research and Development Act of
1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used in
this Act, the term'' and inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral' means
any mineral, element, substance, or material designated as
critical by the Secretary under section 7002(c) of the Energy
Act of 2020.
``(2) Materials.--The term''.
(c) Critical Mineral Designations.--
[[Page 134 STAT. 2564]]
(1) <<NOTE: Federal Register, publication.>> Draft
methodology and list.--The Secretary, acting through the
Director of the United States Geological Survey (referred to in
this subsection as the ``Secretary''), shall publish in the
Federal Register for public comment--
(A) a description of the draft methodology used to
identify a draft list of critical minerals;
(B) a draft list of minerals, elements, substances,
and materials that qualify as critical minerals; and
(C) a draft list of critical minerals recovered as
byproducts and their host minerals.
(2) Availability of data.--If available data is insufficient
to provide a quantitative basis for the methodology developed
under this subsection, qualitative evidence may be used to the
extent necessary.
(3) <<NOTE: Deadline. Federal Register, publication.>>
Final methodology and list.--After reviewing public comments on
the draft methodology and the draft lists published under
paragraph (1) and updating the methodology and lists as
appropriate, not later than 45 days after the date on which the
public comment period with respect to the draft methodology and
draft lists closes, the Secretary shall publish in the Federal
Register--
(A) a description of the final methodology for
determining which minerals, elements, substances, and
materials qualify as critical minerals;
(B) the final list of critical minerals; and
(C) the final list of critical minerals recovered as
byproducts and their host minerals.
(4) Designations.--
(A) <<NOTE: List. Determination.>> In general.--For
purposes of carrying out this subsection, the Secretary
shall maintain a list of minerals, elements, substances,
and materials designated as critical, pursuant to the
final methodology published under paragraph (3), that
the Secretary determines--
(i) are essential to the economic or national
security of the United States;
(ii) the supply chain of which is vulnerable
to disruption (including restrictions associated
with foreign political risk, abrupt demand growth,
military conflict, violent unrest, anti-
competitive or protectionist behaviors, and other
risks throughout the supply chain); and
(iii) serve an essential function in the
manufacturing of a product (including energy
technology-, defense-, currency-, agriculture-,
consumer electronics-, and health care-related
applications), the absence of which would have
significant consequences for the economic or
national security of the United States.
(B) Inclusions.--Notwithstanding the criteria under
paragraph (3), the Secretary may designate and include
on the list any mineral, element, substance, or material
determined by another Federal agency to be strategic and
critical to the defense or national security of the
United States.
[[Page 134 STAT. 2565]]
(C) Required consultation.--The Secretary shall
consult with the Secretaries of Defense, Commerce,
Agriculture, and Energy and the United States Trade
Representative in designating minerals, elements,
substances, and materials as critical under this
paragraph.
(5) Subsequent review.--
(A) <<NOTE: Consultation. Time period.>> In
general.--The Secretary, in consultation with the
Secretaries of Defense, Commerce, Agriculture, and
Energy and the United States Trade Representative, shall
review the methodology and list under paragraph (3) and
the designations under paragraph (4) at least every 3
years, or more frequently as the Secretary considers to
be appropriate.
(B) Revisions.--Subject to paragraph (4)(A), the
Secretary may--
(i) revise the methodology described in this
subsection;
(ii) <<NOTE: Determination.>> determine that
minerals, elements, substances, and materials
previously determined to be critical minerals are
no longer critical minerals; and
(iii) designate additional minerals, elements,
substances, or materials as critical minerals.
(6) Notice.--On finalization of the methodology and the list
under paragraph (3), or any revision to the methodology or list
under paragraph (5), the Secretary shall submit to Congress
written notice of the action.
(d) Resource Assessment.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 4 years after the date of enactment of this Act, in
consultation with applicable State (including geological
surveys), local, academic, industry, and other entities, the
Secretary (acting through the Director of the United States
Geological Survey) or a designee of the Secretary, shall
complete a comprehensive national assessment of each critical
mineral that--
(A) identifies and quantifies known critical mineral
resources, using all available public and private
information and datasets, including exploration
histories; and
(B) provides a quantitative and qualitative
assessment of undiscovered critical mineral resources
throughout the United States, including probability
estimates of tonnage and grade, using all available
public and private information and datasets, including
exploration histories.
(2) Supplementary information.--In carrying out this
subsection, the Secretary may carry out surveys and field work
(including drilling, remote sensing, geophysical surveys,
topographical and geological mapping, and geochemical sampling
and analysis) to supplement existing information and datasets
available for determining the existence of critical minerals in
the United States.
(3) Public access.--Subject to applicable law, to the
maximum extent practicable, the Secretary shall make all data
and metadata collected from the comprehensive national
assessment carried out under paragraph (1) publically and
electronically accessible.
(4) Technical assistance.--At the request of the Governor of
a State or the head of an Indian Tribe, the Secretary may
provide technical assistance to State governments and Indian
[[Page 134 STAT. 2566]]
Tribes conducting critical mineral resource assessments on non-
Federal land.
(5) Prioritization.--
(A) In general.--The Secretary may sequence the
completion of resource assessments for each critical
mineral such that critical minerals considered to be
most critical under the methodology established under
subsection (c) are completed first.
(B) <<NOTE: Time period.>> Reporting.--During the
period beginning not later than 1 year after the date of
enactment of this Act and ending on the date of
completion of all of the assessments required under this
subsection, the Secretary shall submit to Congress on an
annual basis an interim report that--
(i) identifies the sequence and schedule for
completion of the assessments if the Secretary
sequences the assessments; or
(ii) describes the progress of the assessments
if the Secretary does not sequence the
assessments.
(6) Updates.--The Secretary may periodically update the
assessments conducted under this subsection based on--
(A) the generation of new information or datasets by
the Federal Government; or
(B) the receipt of new information or datasets from
critical mineral producers, State geological surveys,
academic institutions, trade associations, or other
persons.
(7) Additional surveys.--The Secretary shall complete a
resource assessment for each additional mineral or element
subsequently designated as a critical mineral under subsection
(c)(5)(B) not later than 2 years after the designation of the
mineral or element.
(8) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the status of geological surveying of Federal
land for any mineral commodity--
(A) for which the United States was dependent on a
foreign country for more than 25 percent of the United
States supply, as depicted in the report issued by the
United States Geological Survey entitled ``Mineral
Commodity Summaries 2021''; but
(B) that is not designated as a critical mineral
under subsection (c).
(e) <<NOTE: Assessments.>> Report of Small Business
Administration.--Not later than 1 year and 300 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall submit to the applicable committees of Congress a
report that assesses the performance of Federal agencies with respect
to--
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in
promulgating regulations applicable to the critical minerals
industry; and
(2) <<NOTE: Analysis.>> performing an analysis of the
efficiency of regulations applicable to the critical minerals
industry, including those that are disproportionately burdensome
to small businesses.
(f) Federal Register Process.--
[[Page 134 STAT. 2567]]
(1) <<NOTE: Notice.>> Departmental review.--Absent any
extraordinary circumstance, and except as otherwise required by
law, the Secretary and the Secretary of Agriculture shall ensure
that each Federal Register notice described in paragraph (2)
shall be--
(A) subject to any required reviews within the
Department of the Interior or the Department of
Agriculture; and
(B) <<NOTE: Federal Register,
publication. Deadline.>> published in final form in the
Federal Register not later than 45 days after the date
of initial preparation of the notice.
(2) Preparation.--The preparation of Federal Register
notices required by law associated with the issuance of a
critical mineral exploration or mine permit shall be delegated
to the organizational level within the agency responsible for
issuing the critical mineral exploration or mine permit.
(3) Transmission.--All Federal Register notices regarding
official document availability, announcements of meetings, or
notices of intent to undertake an action shall be originated in,
and transmitted to the Federal Register from, the office in
which, as applicable--
(A) the documents or meetings are held; or
(B) the activity is initiated.
(4) Application of certain provisions.--
(A) In general.--Subsection (f) shall also apply
to--
(i) an exploration project in which the
presence of a byproduct is reasonably expected,
based on known mineral companionality, geologic
formation, mineralogy, or other factors; and
(ii) <<NOTE: Determination.>> a project that
demonstrates that a byproduct is of sufficient
grade that, when combined with the production of a
host mineral, the byproduct is economic to
recover, as determined by the applicable Secretary
in accordance with subparagraph (B), and that the
byproduct will be recovered in commercial
quantities.
(B) Requirement.--In making the determination under
subparagraph (A)(ii), the applicable Secretary shall
consider the cost effectiveness of the byproducts
recovery.
(g) Recycling, Innovation, Efficiency, and Alternatives.--
(1) Establishment.--The Secretary of Energy (referred to in
this subsection as the ``Secretary'') shall conduct a program
(referred to in this subsection as the ``program'') of research,
development, demonstration, and commercialization--
(A) to develop alternatives to critical materials
that do not occur in significant abundance in the United
States;
(B) to promote the efficient production, use, and
recycling of critical materials, with special
consideration for domestic critical materials,
throughout the supply chain;
(C) to ensure the long-term, secure, and sustainable
supply of critical materials; and
(D) to prioritize work in areas that the private
sector by itself is not likely to undertake due to
financial or technical limitations.
(2) Cooperation.--In carrying out the program, the Secretary
shall cooperate with appropriate--
(A) Federal agencies, including the Department of
the Interior;
(B) the National Laboratories;
[[Page 134 STAT. 2568]]
(C) critical material producers, processors, and
manufacturers;
(D) trade associations;
(E) academic institutions (including students and
postdoctoral staff at institutions of higher education);
(F) small businesses;
(G) nongovernmental organizations; and
(H) other relevant entities or individuals.
(3) Energy innovation hub.--In carrying out the program, the
Secretary may use an Energy Innovation Hub authorized under
section 206 of the Department of Energy Research Coordination
Act (42 U.S.C. 18632).
(4) Activities.--Under the program, the Secretary shall
carry out activities that include the identification and
development of--
(A) alternative materials, particularly materials
available in abundance within the United States and not
subject to potential supply restrictions, that lessen
the need for critical materials;
(B) alternative energy technologies or alternative
designs of existing energy technologies, particularly
technologies or designs that use materials that--
(i) occur in abundance in the United States;
and
(ii) are not subject to potential supply
restrictions;
(C) technologies or process improvements that
minimize the use and content, or lead to more efficient
use, of critical materials across the full supply chain;
(D) innovative technologies and practices to
diversify commercially viable and sustainable domestic
sources of critical materials, including technologies
for recovery from waste streams;
(E) technologies, process improvements, or design
optimizations that facilitate the recycling of critical
materials, and options for improving the rates of
collection of products and scrap containing critical
materials from post-consumer, industrial, or other waste
streams;
(F) advanced critical material extraction,
production, separation, alloying, or processing
technologies that decrease the energy consumption,
environmental impact, and costs of those activities,
including--
(i) efficient water and wastewater management
strategies;
(ii) technologies and management strategies to
control the environmental impacts of radionuclides
in ore tailings;
(iii) technologies for separation and
processing; and
(iv) technologies for increasing the recovery
rates of coproducts and byproducts from host metal
ores;
(G) commercial markets, advanced storage methods,
energy applications, and other beneficial uses of
critical materials; and
(H) advanced theoretical, computational, and
experimental tools necessary to support the crosscutting
research and development needs of diverse critical
minerals stakeholders.
(5) Plan.--
[[Page 134 STAT. 2569]]
(A) <<NOTE: Deadline.>> In general.--Not later than
1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a plan to carry out
the program.
(B) Inclusions.--The plan under subparagraph (A)
shall include a description of--
(i) <<NOTE: Time period.>> the research and
development activities to be carried out under the
program during the subsequent 2 years;
(ii) the expected contributions under the
program to the creation of innovative methods and
technologies for the efficient and sustainable
provision of critical materials to the domestic
economy;
(iii) the expected activities under the
program to mitigate the environmental and health
impacts of the extraction, processing,
manufacturing, use, recovery, and recycling of
critical materials; and
(iv) how the program will promote the broadest
possible participation by academic, industrial,
and other contributors and the public.
(6) Coordination and nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities
carried out under this subsection are coordinated with, and do
not duplicate the efforts of, other programs within the Federal
Government, including the work underway by the Critical
Materials Institute and the National Minerals Information
Center.
(7) <<NOTE: Deadline. Determination.>> Standard of
review.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall conduct a review of activities
carried out under the program to determine the achievement of
the technical milestones identified under paragraph
(8)(D)(i)(I).
(8) Critical materials consortium.--
(A) <<NOTE: Deadline.>> In general.--Not later than
1 year after the date of enactment of this Act, the
Secretary shall establish and operate a Critical
Materials Consortium (referred to in this paragraph as
the ``Consortium'') for the purpose of supporting the
program by providing, to the maximum extent practicable,
a centralized entity for multidisciplinary,
collaborative, critical materials research and
development.
(B) <<NOTE: Time period.>> Leadership.--If an
Energy Innovation Hub authorized under section 206 of
the Department of Energy Research Coordination Act (42
U.S.C. 18632) that is focused on critical materials
exists on the date of enactment of this Act, the
Secretary shall leverage the personnel and expertise of
the Energy Innovation Hub to manage the Consortium for
not less than 3 years following the date on which the
Consortium is established.
(C) Membership.--The members of the Consortium shall
be representatives from relevant Federal agencies, the
National Laboratories, the National Minerals Information
Center, institutions of higher education, private sector
entities, multiinstitutional collaborations, and other
appropriate entities.
(D) Responsibilities.--The Consortium shall--
(i) develop and implement a multiyear plan
that--
[[Page 134 STAT. 2570]]
(I) identifies technical goals and
milestones for the program;
(II) utilizes the high performance
computing capabilities of the
Department; and
(III) leverages the expertise of the
National Laboratories and the United
States Geological Survey; and
(ii) <<NOTE: Summary. Evaluation.>> submit an
annual report to the Secretary summarizing the
activities of the Consortium, including an
evaluation of the role of the Consortium in the
achievement of the technical milestones identified
under clause (i)(I).
(E) Sunset; termination.--
(i) In general.--The Secretary may provide
support to the Consortium for a period of not more
than 10 years, subject to the availability of
appropriations.
(ii) <<NOTE: Deadline. Determination.>> Merit
review.--Not later than 5 years after the date on
which the Consortium is established, the Secretary
shall conduct a rigorous merit review to determine
whether the Consortium helped the program achieve
the technical milestones identified under
subparagraph (D)(i)(I).
(iii) Termination.--If the Secretary
determines that the Consortium has not helped the
program achieve the technical milestones
identified under subparagraph (D)(i)(I), the
Secretary may terminate any financial or technical
support that the Department provides to the
Consortium.
(9) <<NOTE: Summary.>> Reports.--Not later than 2 years
after the date of enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report
summarizing the activities, findings, and progress of the
program.
(10) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection--
(A) $125,000,000 for fiscal year 2021;
(B) $105,000,000 for fiscal year 2022;
(C) $100,000,000 for fiscal year 2023;
(D) $135,000,000 for fiscal year 2024; and
(E) $135,000,000 for fiscal year 2025.
(h) Critical Materials Supply Chain Research Facility.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as the ``Secretary'') shall support construction
of a Critical Materials Supply Chain Research Facility (referred
to in this subsection as the ``facility'').
(2) Requirements.--The facility--
(A) shall be used to further enable research,
development, demonstration, and commercialization
activities throughout the supply chain for critical
materials; and
(B) shall provide an integrated, rapidly
reconfigurable research platform.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to fund the design and
construction of the facility, to remain available until
expended--
(A) $10,000,000 for fiscal year 2021;
(B) $30,000,000 for fiscal year 2022; and
[[Page 134 STAT. 2571]]
(C) $35,000,000 for fiscal year 2023.
(i) Critical Materials Research Database and Information Portal.--
(1) <<NOTE: Consultation.>> In general.--In carrying out
the program established under subsection (g)(1), the Secretary
and the Secretary of Energy (referred to in this subsection as
the ``Secretaries''), in consultation with the Director of the
National Science Foundation, shall establish and operate a
Critical Materials Information Portal (referred to in this
subsection as the ``Portal'') to collect, catalogue,
disseminate, and archive information on critical materials.
(2) Cooperation.--In carrying out paragraph (1), the
Secretaries shall leverage the expertise of the National
Minerals Information Center, the Office of Scientific and
Technical Information, and the Critical Materials Consortium
established under subsection (g)(8)(A).
(3) Purpose.--The purpose of the Portal is to support the
development of a web-based platform to provide public access to
a database of computed information on known and predicted
critical materials and related material properties and
computational tools in order--
(A) to accelerate breakthroughs in critical
materials identification and design;
(B) to strengthen the foundation for technologies
that will enable more sustainable recycling,
substitution, use, and recovery and minimize the
environmental impacts of methods for extraction,
processing, and manufacturing of critical materials; and
(C) to drive the development of advanced materials
for applications that span the missions of the
Department of Energy and the Department of the Interior
(referred to in this subsection as the ``Departments'')
in energy, environment, and national security.
(4) Activities.--In carrying out this subsection, the
Secretaries shall--
(A) conduct cooperative research with industry,
academia, and other research institutions to facilitate
the design of novel materials, including critical
materials and substitutes for critical materials;
(B) leverage existing high-performance computing
systems to conduct high throughput calculations and
develop computing and data mining algorithms for the
prediction of material properties, including a focus on
critical materials;
(C) leverage and support research in mineralogy and
mineral chemistry to enhance the understanding,
prediction, and manipulation of critical materials;
(D) assist scientists and engineers in making the
fullest possible use of the relevant data holdings of
the Departments, including the scientific and technical
data generated by the research and development
activities funded under subsection (g);
(E) seek and incorporate other information on
critical materials to enhance the Departments' utility
for program participants and other users; and
(F) <<NOTE: Public information.>> manage and make
available to researchers and the public accessible,
curated, standardized, secure, and
[[Page 134 STAT. 2572]]
privacy-protected data sets from the public and private
sectors for the purposes of critical materials research
and development activities.
(5) Proprietary information.--In carrying out this
subsection, the Secretaries shall ensure, consistent with
section 5(f) of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1604(f)), that--
(A) no person uses the information and data
collected for the Portal for a purpose other than the
development of, or reporting of, aggregate data in a
manner such that the identity of the person or firm who
supplied the information is not discernible and is not
material to the intended uses of the information;
(B) no person discloses any information or data
collected for the Portal unless the information or data
has been transformed into a statistical or aggregate
form that does not allow the identification of the
person or firm who supplied particular information; and
(C) <<NOTE: Procedures. Determination.>> procedures
are established to require the withholding of any
information or data collected for the Portal if at least
1 of the Secretaries determines that the withholding is
necessary to protect proprietary information, including
any trade secrets or other confidential information.
(j) Analysis and Forecasting.--
(1) <<NOTE: Evaluation. Consultation. Publication.>>
Capabilities.--In order to evaluate existing critical mineral
policies and inform future actions that may be taken to avoid
supply shortages, mitigate price volatility, and prepare for
demand growth and other market shifts, the Secretary (acting
through the Director of the United States Geological Survey) or
a designee of the Secretary, in consultation with the Energy
Information Administration, academic institutions, and others in
order to maximize the application of existing competencies
related to developing and maintaining computer-models and
similar analytical tools, shall conduct and publish the results
of an annual report that includes--
(A) as part of the annually published Mineral
Commodity Summaries from the United States Geological
Survey, a comprehensive review of critical mineral
production, consumption, and recycling patterns,
including--
(i) the quantity of each critical mineral
domestically produced during the preceding year;
(ii) the quantity of each critical mineral
domestically consumed during the preceding year;
(iii) market price data or other price data
for each critical mineral;
(iv) <<NOTE: Assessment.>> an assessment of--
(I) critical mineral requirements to
meet the national security, energy,
economic, industrial, technological, and
other needs of the United States during
the preceding year;
(II) the reliance of the United
States on foreign sources to meet those
needs during the preceding year; and
(III) the implications of any supply
shortages, restrictions, or disruptions
during the preceding year;
[[Page 134 STAT. 2573]]
(v) the quantity of each critical mineral
domestically recycled during the preceding year;
(vi) the market penetration during the
preceding year of alternatives to each critical
mineral;
(vii) a discussion of international trends
associated with the discovery, production,
consumption, use, costs of production, prices, and
recycling of each critical mineral as well as the
development of alternatives to critical minerals;
and
(viii) such other data, analyses, and
evaluations as the Secretary finds are necessary
to achieve the purposes of this subsection; and
(B) <<NOTE: Time periods.>> a comprehensive
forecast, entitled the ``Annual Critical Minerals
Outlook'', of projected critical mineral production,
consumption, and recycling patterns, including--
(i) the quantity of each critical mineral
projected to be domestically produced over the
subsequent 1-year, 5-year, and 10-year periods;
(ii) the quantity of each critical mineral
projected to be domestically consumed over the
subsequent 1-year, 5-year, and 10-year periods;
(iii) <<NOTE: Assessment.>> an assessment
of--
(I) critical mineral requirements to
meet projected national security,
energy, economic, industrial,
technological, and other needs of the
United States;
(II) the projected reliance of the
United States on foreign sources to meet
those needs; and
(III) the projected implications of
potential supply shortages,
restrictions, or disruptions;
(iv) the quantity of each critical mineral
projected to be domestically recycled over the
subsequent 1-year, 5-year, and 10-year periods;
(v) the market penetration of alternatives to
each critical mineral projected to take place over
the subsequent 1-year, 5-year, and 10-year
periods;
(vi) a discussion of reasonably foreseeable
international trends associated with the
discovery, production, consumption, use, costs of
production, and recycling of each critical mineral
as well as the development of alternatives to
critical minerals; and
(vii) <<NOTE: Determination.>> such other
projections relating to each critical mineral as
the Secretary determines to be necessary to
achieve the purposes of this subsection.
(2) <<NOTE: Reports.>> Proprietary information.--In
preparing a report described in paragraph (1), the Secretary
shall ensure, consistent with section 5(f) of the National
Materials and Minerals Policy, Research and Development Act of
1980 (30 U.S.C. 1604(f)), that--
(A) no person uses the information and data
collected for the report for a purpose other than the
development of or reporting of aggregate data in a
manner such that the identity of the person or firm who
supplied the information is not discernible and is not
material to the intended uses of the information;
(B) no person discloses any information or data
collected for the report unless the information or data
has
[[Page 134 STAT. 2574]]
been transformed into a statistical or aggregate form
that does not allow the identification of the person or
firm who supplied particular information; and
(C) <<NOTE: Procedures. Determination.>> procedures
are established to require the withholding of any
information or data collected for the report if the
Secretary determines that withholding is necessary to
protect proprietary information, including any trade
secrets or other confidential information.
(k) Education and Workforce.--
(1) <<NOTE: Deadline. Consultation. Analysis.>> Workforce
assessment.--Not later than 1 year and 300 days after the date
of enactment of this Act, the Secretary of Labor (in
consultation with the Secretary, the Director of the National
Science Foundation, institutions of higher education with
substantial expertise in mining, institutions of higher
education with significant expertise in minerals research,
including fundamental research into alternatives, and employers
in the critical minerals sector) shall submit to Congress an
assessment of the domestic availability of technically trained
personnel necessary for critical mineral exploration,
development, assessment, production, manufacturing, recycling,
analysis, forecasting, education, and research, including an
analysis of--
(A) skills that are in the shortest supply as of the
date of the assessment;
(B) skills that are projected to be in short supply
in the future;
(C) the demographics of the critical minerals
industry and how the demographics will evolve under the
influence of factors such as an aging workforce;
(D) the effectiveness of training and education
programs in addressing skills shortages;
(E) opportunities to hire locally for new and
existing critical mineral activities;
(F) the sufficiency of personnel within relevant
areas of the Federal Government for achieving the
policies described in section 3 of the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1602); and
(G) the potential need for new training programs to
have a measurable effect on the supply of trained
workers in the critical minerals industry.
(2) Curriculum study.--
(A) <<NOTE: Contracts. Coordination.>> In
general.--The Secretary and the Secretary of Labor shall
jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of
Engineering under which the Academies shall coordinate
with the National Science Foundation on conducting a
study--
(i) to design an interdisciplinary program on
critical minerals that will support the critical
mineral supply chain and improve the ability of
the United States to increase domestic, critical
mineral exploration, development, production,
manufacturing, research, including fundamental
research into alternatives, and recycling;
[[Page 134 STAT. 2575]]
(ii) to address undergraduate and graduate
education, especially to assist in the development
of graduate level programs of research and
instruction that lead to advanced degrees with an
emphasis on the critical mineral supply chain or
other positions that will increase domestic,
critical mineral exploration, development,
production, manufacturing, research, including
fundamental research into alternatives, and
recycling;
(iii) to develop guidelines for proposals from
institutions of higher education with substantial
capabilities in the required disciplines for
activities to improve the critical mineral supply
chain and advance the capacity of the United
States to increase domestic, critical mineral
exploration, research, development, production,
manufacturing, and recycling; and
(iv) <<NOTE: Evaluation. Recommenda- tions.>>
to outline criteria for evaluating performance and
recommendations for the amount of funding that
will be necessary to establish and carry out the
program described in paragraph (3).
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a description of the results of the study
required under subparagraph (A).
(3) Program.--
(A) Establishment.--The Secretary and the Secretary
of Labor shall jointly conduct a competitive grant
program under which institutions of higher education may
apply for and receive 4-year grants for--
(i) startup costs for newly designated faculty
positions in integrated critical mineral
education, research, innovation, training, and
workforce development programs consistent with
paragraph (2);
(ii) internships, scholarships, and
fellowships for students enrolled in programs
related to critical minerals;
(iii) equipment necessary for integrated
critical mineral innovation, training, and
workforce development programs; and
(iv) research of critical minerals and their
applications, particularly concerning the
manufacture of critical components vital to
national security.
(B) <<NOTE: Time period.>> Renewal.--A grant under
this paragraph shall be renewable for up to 2 additional
3-year terms based on performance criteria outlined
under paragraph (2)(A)(iv).
(l) National Geological and Geophysical Data Preservation Program.--
Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 15908(k)) is
amended by striking `` $30,000,000 for each of fiscal years 2006 through
2010'' and inserting `` $5,000,000 for each of fiscal years 2021 through
2029, to remain available until expended''.
(m) Amendments to the National Materials and Minerals, Policy,
Research and Development Act of 1980.--
(1) Program plan.--Section 5 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1604) is amended--
[[Page 134 STAT. 2576]]
(A) by striking ``date of enactment of this Act''
each place it appears and inserting ``date of enactment
of the Energy Act of 2020'';
(B) in subsection (b)(1), by striking ``Federal
Coordinating Council for Science, Engineering, and
Technology'' and inserting ``National Science and
Technology Council'';
(C) in subsection (c)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the Federal
Emergency'' and all that follows through
``Agency, and''; and
(II) by striking ``appropriate
shall'' and inserting ``appropriate,
shall'';
(ii) by striking paragraphs (1) and (3);
(iii) by redesignating paragraph (2) as
paragraph (1);
(iv) in paragraph (1) (as so redesignated)--
(I) by striking ``within 1 year
after October 21, 1980'' and inserting
``not later than 1 year after the date
of the enactment of the Energy Act of
2020'';
(II) by striking ``which assesses''
and inserting ``that assesses''; and
(III) by striking ``in the case''
and all that follows through
``subsection, and which'' and inserting
``and that''; and
(v) by adding at the end the following:
``(2) <<NOTE: Assessment.>> assess the adequacy and
stability of the supply of materials necessary to maintain
national security, economic well-being, public health, and
industrial production.''; and
(D) in subsection (e), by striking ``Bureau of
Mines'' each place it appears and inserting ``United
States Geological Survey''.
(2) Policy.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1602) is amended, in the matter preceding paragraph (1)--
(A) in the first sentence, by striking ``The
Congress declares that it'' and inserting ``It''; and
(B) in the second sentence, by striking ``The
Congress further declares that implementation'' and
inserting ``Implementation''.
(3) Implementation.--Section 4 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1603) is amended, in the matter preceding paragraph (1)--
(A) by striking ``For the purpose'' and all that
follows through ``declares that the'' and inserting
``The''; and
(B) by striking ``departments and agencies,'' and
inserting ``departments and agencies to implement the
policy described in section 3''.
(n) Administration.--
(1) <<NOTE: Repeal.>> In general.--The National Critical
Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) Conforming amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ``, with
the assistance of the National Critical Materials Council as
[[Page 134 STAT. 2577]]
specified in the National Critical Materials Act of 1984 (30
U.S.C. 1801 et seq.),''.
(3) Savings clauses.--
(A) In general.--Nothing in this section or an
amendment made by this section modifies any requirement
or authority provided by--
(i) the matter under the heading
``<SUP>geological</SUP> survey</SUP>'' of the
first section of the Act of March 3, 1879 (43
U.S.C. 31(a)); or
(ii) the first section of Public Law 87-626
(43 U.S.C. 31(b)).
(B) Effect on department of defense.--Nothing in
this section or an amendment made by this section
affects the authority of the Secretary of Defense with
respect to the work of the Department of Defense on
critical material supplies in furtherance of the
national defense mission of the Department of Defense.
(C) Secretarial order not affected.--This section
shall not apply to any mineral described in Secretarial
Order No. 3324, issued by the Secretary on December 3,
2012, in any area to which the order applies.
(o) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2021 through 2029.
SEC. <<NOTE: 50 USC 3372.>> 7003. MONITORING MINERAL INVESTMENTS
UNDER BELT AND ROAD INITIATIVE OF
PEOPLE'S REPUBLIC OF CHINA.
(a) <<NOTE: Consultation. Assessment.>> Report Required.--Not later
than 1 year after the date of the enactment of this Act, the Director of
National Intelligence (referred to in this section as the ``Director''),
in consultation with the Secretary of the Interior, the Secretary of
Energy, the Secretary of Commerce, the Secretary of State, the Secretary
of Defense, and the United States Trade Representative, shall submit to
the appropriate congressional committees a report on investments in
minerals under the Belt and Road Initiative of the People's Republic of
China that includes an assessment of--
(1) notable past mineral investments;
(2) whether and how such investments have increased the
extent of control of minerals by the People's Republic of China;
(3) any efforts by the People's Republic of China to counter
or interfere with the goals of the Energy Resource Governance
Initiative of the Department of State; and
(4) the strategy of the People's Republic of China with
respect to mineral investments.
(b) <<NOTE: List.>> Monitoring Mechanism.--In conjunction with each
report required by subsection (a), the Director shall submit to the
appropriate congressional committees a list of any minerals with respect
to which--
(1) the People's Republic of China, directly or through the
Belt and Road Initiative--
(A) is increasing its concentration of extraction
and processing;
(B) is acquiring significant mining and processing
facilities;
(C) is maintaining or increasing export
restrictions; or
[[Page 134 STAT. 2578]]
(D) has achieved substantial control of the supply
of minerals used within an industry or related minerals;
(2) there is a significant difference between domestic
prices in the People's Republic of China as compared to prices
on international markets; or
(3) there is a significant increase or volatility in price
as a result of the Belt and Road Initiative of the People's
Republic of China.
(c) Critical Mineral Evaluation.--For any mineral included on the
list required by subsection (b) that is not already designated as
critical by the Secretary of the Interior pursuant to section 7002(c),
the Director shall--
(1) <<NOTE: Determination. Consultation.>> determine, in
consultation with the Secretary of the Interior, the Secretary
of Energy, the Secretary of Commerce, the Secretary of State,
the Secretary of Defense, and the United States Trade
Representative, whether the mineral is strategic and critical to
the defense or national security of the United States; and
(2) <<NOTE: Recommenda- tion.>> make a recommendation to
the Secretary of the Interior regarding the designation of the
mineral under section 7002(c).
(d) Annual Updates.--The Director shall update the report required
by subsection (a) and list required by subsection (b) not less
frequently than annually.
(e) Form.--Each report or list required by this section shall be
submitted in unclassified form but may include a classified annex.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, the Committee on Armed Services,
the Committee on Finance, the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee
on Ways and Means, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
TITLE VIII--GRID MODERNIZATION
SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.
Section 1304 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17384) is amended--
(1) in subsection (a), by inserting ``research, development,
and demonstration'' before ``program'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall establish a smart
grid regional demonstration initiative (referred to in this
subsection as the `Initiative') composed of demonstration
projects focused on cost-effective, advanced technologies for
use in power grid sensing, communications, analysis, power flow
control, visualization, distribution automation, industrial
control systems,
[[Page 134 STAT. 2579]]
dynamic line rating systems, grid redesign, and the integration
of distributed energy resources.''; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``and''
at the end;
(ii) in subparagraph (E), by striking the
period and inserting ``; and''; and
(iii) by inserting at the end the following:
``(F) to encourage the commercial application of
advanced distribution automation technologies that exert
intelligent control over electrical grid functions at
the distribution level to improve system resilience.''.
SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND
CONTROLS.
Title XIII of the Energy Independence and Security Act of 2007 (42
U.S.C. 17381 et seq.) is amended by inserting after section 1304 the
following:
``SEC. 1304A. <<NOTE: 42 USC 17384a.>> SMART GRID MODELING,
VISUALIZATION, ARCHITECTURE, AND
CONTROLS.
``(a) <<NOTE: Deadline.>> In General.--Not later than 180 days
after the enactment of this section, the Secretary shall establish a
program of research, development, demonstration, and commercial
application on electric grid modeling, sensing, visualization,
architecture development, and advanced operation and controls.
``(b) Modeling Research and Development.--The Secretary shall
support development of models of emerging technologies and systems to
facilitate the secure and reliable design, planning, and operation of
the electric grid for use by industry stakeholders. In particular, the
Secretary shall support development of--
``(1) models to analyze and predict the effects of adverse
physical and cyber events on the electric grid;
``(2) coupled models of electrical, physical, and cyber
systems;
``(3) models of existing and emerging technologies being
deployed on the electric grid due to projected changes in the
electric generation mix and loads, for a variety of regional
characteristics; and
``(4) integrated models of the communications, transmission,
distribution, and other interdependent systems for existing,
new, and emerging technologies.
``(c) Situational Awareness Research and Development.--
``(1) In general.--The Secretary shall support development
of computational tools and technologies to improve sensing,
monitoring, and visualization of the electric grid for real-time
situational awareness and decision support tools that enable
improved operation of the power system, including utility, non-
utility, and customer grid-connected assets, for use by industry
partners.
``(2) Data use.--In developing visualization capabilities
under this section, the Secretary shall develop tools for
industry stakeholders to use to analyze data collected from
advanced measurement and monitoring technologies, including data
from phasor measurement units and advanced metering units.
[[Page 134 STAT. 2580]]
``(3) Severe events.--The Secretary shall prioritize
enhancing cyber and physical situational awareness of the
electric grid during adverse manmade and naturally-occurring
events.
``(d) Operation and Controls Research and Development.--
The <<NOTE: Coordination.>> Secretary shall conduct research to develop
improvements to the operation and controls of the electric grid, in
coordination with industry partners. Such activities shall include--
``(1) a training facility or facilities to allow grid
operators to gain operational experience with advanced grid
control concepts and technologies;
``(2) development of cost-effective advanced operation and
control concepts and technologies, such as adaptive islanding,
dynamic line rating systems, power flow controllers, network
topology optimization, smart circuit breakers, intelligent load
shedding, and fault-tolerant control system architectures;
``(3) development of real-time control concepts using
artificial intelligence and machine learning for improved
electric grid resilience; and
``(4) utilization of advanced data analytics including load
forecasting, power flow modeling, equipment failure prediction,
resource optimization, risk analysis, and decision analysis.
``(e) Interoperability Research and Development.--The Secretary
shall conduct research and development on tools and technologies that
improve the interoperability and compatibility of new and emerging
components, technologies, and systems with existing electric grid
infrastructure.
``(f) Underground Transmission and Distribution Lines.--In carrying
out the program under subsection (a), the Secretary shall support
research and development on underground transmission and distribution
lines. This shall include research on--
``(1) methods for lowering the costs of underground
transmission and distribution lines, including through novel
installation techniques and materials considerations;
``(2) techniques to improve the lifespan of underground
transmission and distribution lines;
``(3) wireless sensors to improve safety of underground
transmission and distribution lines and to predict, identify,
detect, and transmit information about degradation and faults;
and
``(4) methods for improving the resilience and reliability
of underground transmission and distribution lines, including
technologies and techniques that can mitigate the impact of
flooding, storm surge, and seasonal climate cycles on
degradation of and damage to underground transmission and
distribution lines.
``(g) Grid Architecture and Scenario Development.--
``(1) In general.--Subject to paragraph (3), the Secretary
shall establish and facilitate a collaborative process to
develop model grid architecture and a set of future scenarios
for the electric grid to examine the impacts of different
combinations of resources (including different quantities of
distributed energy resources and large-scale, central
generation) on the electric grid.
``(2) <<NOTE: Analyses.>> Architecture.--In supporting the
development of model grid architectures, the Secretary shall--
[[Page 134 STAT. 2581]]
``(A) analyze a variety of grid architecture
scenarios that range from minor upgrades to existing
transmission grid infrastructure to scenarios that
involve the replacement of significant portions of
existing transmission grid infrastructure;
``(B) analyze the effects of the increasing
proliferation of renewable and other zero emissions
energy generation sources, increasing use of distributed
resources owned by non-utility entities, and the use of
digital and automated controls not managed by grid
operators;
``(C) include a variety of new and emerging
distribution grid technologies, including distributed
energy resources, electric vehicle charging stations,
distribution automation technologies, energy storage,
and renewable energy sources;
``(D) analyze the effects of local load balancing
and other forms of decentralized control;
``(E) analyze the effects of changes to grid
architectures resulting from modernizing electric grid
systems, including communications, controls, markets,
consumer choice, emergency response, electrification,
and cybersecurity concerns; and
``(F) develop integrated grid architectures that
incorporate system resilience for cyber, physical, and
communications systems.
``(3) Market structure.--The grid architecture and scenarios
developed under paragraph (1) shall, to the extent practicable,
account for differences in market structure, including an
examination of the potential for stranded costs in each type of
market structure.
``(h) Computing Resources and Data Coordination Research and
Development.--In carrying out this section, the Secretary shall--
``(1) leverage existing computing resources at the National
Laboratories; and
``(2) develop voluntary standards for data taxonomies and
communication protocols in coordination with public and private
sector stakeholders.
``(i) Information Sharing.--None of the activities authorized in
this section shall require private entities to share information or data
with the Secretary.
``(j) <<NOTE: Definition.>> Resilience.--In this section, the term
`resilience' means the ability to withstand and reduce the magnitude or
duration of disruptive events, which includes the capability to
anticipate, absorb, adapt to, or rapidly recover from such an event,
including from deliberate attacks, accidents, and naturally occurring
threats or incidents.''.
SEC. 8003. INTEGRATED ENERGY SYSTEMS.
Title XIII of the Energy Independence and Security Act of 2007 (42
U.S.C. 17381 et seq.) is amended by adding after section 1309 the
following:
``SEC. 1310. <<NOTE: 42 USC 17387.>> INTEGRATED ENERGY SYSTEMS.
``(a) <<NOTE: Deadline.>> In General.--Not later than 180 days
after the enactment of this section, the Secretary shall establish a
research, development, and demonstration program to develop cost-
effective integrated energy systems, including--
[[Page 134 STAT. 2582]]
``(1) development of computer modeling to design different
configurations of integrated energy systems and to optimize
system operation;
``(2) research on system integration needed to plan, design,
build, and operate integrated energy systems, including
interconnection requirements with the electric grid;
``(3) development of integrated energy systems for various
applications, including--
``(A) thermal energy generation and storage for
buildings and manufacturing;
``(B) electricity storage coupled with energy
generation;
``(C) desalination;
``(D) production of liquid and gaseous fuels; and
``(E) production of chemicals such as ammonia and
ethylene;
``(4) development of testing facilities for integrated
energy systems; and
``(5) research on incorporation of various technologies for
integrated energy systems, including nuclear energy, renewable
energy, storage, and carbon capture, utilization, and
sequestration technologies.
``(b) Strategic Plan.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 1
year after the date of the enactment of this section, the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a strategic plan that
identifies opportunities, challenges, and standards needed for
the development and commercial application of integrated energy
systems. The strategic plan shall <<NOTE: Analyses.>> include--
``(A) analysis of the potential benefits of
development of integrated electric systems on the
electric grid;
``(B) analysis of the potential contributions of
integrated energy systems to different grid architecture
scenarios;
``(C) research and development goals for various
integrated energy systems, including those identified in
subsection (a);
``(D) <<NOTE: Assessment.>> assessment of policy
and market barriers to the adoption of integrated energy
systems;
``(E) analysis of the technical and economic
feasibility of adoption of different integrated energy
systems; and
``(F) <<NOTE: Time period.>> a 10-year roadmap to
guide the program established under subsection (a).
``(2) <<NOTE: Time period.>> Updates.--Not less than once
every 3 years for the duration of this research program, the
Secretary shall submit an updated version of the strategic plan
to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(c) Program Implementation.--In carrying out the research,
development, demonstration, and commercial application aims of
subsection (a), the Secretary shall--
``(1) <<NOTE: Recommenda- tions.>> implement the
recommendations set forth in the strategic plan in subsection
(b);
``(2) <<NOTE: Coordination.>> coordinate across all
relevant program offices at the Department, including--
[[Page 134 STAT. 2583]]
``(A) the Office of Energy Efficiency and Renewable
Energy;
``(B) the Office of Nuclear Energy; and
``(C) the Office of Fossil Energy;
``(3) leverage existing programs and resources of the
Department; and
``(4) prioritize activities that accelerate the development
of integrated electricity generation, storage, and distribution
systems with net zero greenhouse gas emissions.
``(d) Integrated Energy System Defined.--The term `integrated energy
system' means a system composed of 2 or more co-located or jointly
operated sub-systems of energy generation, energy storage, or other
energy technologies.''.
SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOPMENT.
(a) Integrating Distributed Energy Resources Onto the Electric
Grid.--Section 925(a) of the Energy Policy Act of 2005 (42 U.S.C. 16215)
is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) the development of cost-effective technologies that
enable two-way information and power flow between distributed
energy resources and the electric grid;
``(11) the development of technologies and concepts that
enable interoperability between distributed energy resources and
other behind-the-meter devices and the electric grid;''.
(b) Integrating Renewable Energy Onto the Electric Grid.--Subtitle C
of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16231 et seq.)
is amended by adding at the end the following:
``SEC. 936. <<NOTE: 42 USC 16236.>> RESEARCH AND DEVELOPMENT INTO
INTEGRATING RENEWABLE ENERGY ONTO THE
ELECTRIC GRID.
``(a) <<NOTE: Deadline.>> In General.--Not later than 180 days
after the enactment of this section, the Secretary shall establish a
research, development, and demonstration program on technologies that
enable integration of renewable energy generation sources onto the
electric grid across multiple program offices of the Department. The
program shall include--
``(1) forecasting for predicting generation from variable
renewable energy sources;
``(2) development of cost-effective low-loss, long-distance
transmission lines; and
``(3) development of cost-effective advanced technologies
for variable renewable generation sources to provide grid
services.
``(b) Coordination.--In carrying out this program, the Secretary
shall coordinate across all relevant program offices at the Department
to achieve the goals established in this section, including the Office
of Electricity.
``(c) Adoption of Technologies.--In carrying out this section, the
Secretary shall consider barriers to adoption and commercial application
of technologies that enable integration of renewable energy sources onto
the electric grid, including cost and other economic barriers, and shall
coordinate with relevant entities to reduce these barriers.''.
(c) Integrating Electric Vehicles Onto the Electric Grid.--Subtitle
B of title I of the Energy Independence and Security
[[Page 134 STAT. 2584]]
Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end
the following:
``SEC. 137. <<NOTE: 42 USC 17014.>> RESEARCH AND DEVELOPMENT INTO
INTEGRATING ELECTRIC VEHICLES ONTO THE
ELECTRIC GRID.
``(a) In General.--The Secretary shall establish a research,
development, and demonstration program to advance the integration of
electric vehicles, including plug-in hybrid electric vehicles, onto the
electric grid.
``(b) <<NOTE: Study.>> Vehicles-to-grid Integration Assessment
Report.--Not later than 1 year after the enactment of this section, the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the results of a study
that examines the research, development, and demonstration
opportunities, challenges, and standards needed for integrating electric
vehicles onto the electric grid.
``(1) Report requirements.--The report shall include--
``(A) <<NOTE: Evaluation.>> an evaluation of the
use of electric vehicles to maintain the reliability of
the electric grid, including--
``(i) the use of electric vehicles for demand
response, load shaping, emergency power, and
frequency regulation; and
``(ii) the potential for the reuse of spent
electric vehicle batteries for stationary grid
storage;
``(B) the impact of grid integration on electric
vehicles, including--
``(i) the impact of bi-directional electricity
flow on battery degradation; and
``(ii) the implications of the use of electric
vehicles for grid services on original equipment
manufacturer warranties;
``(C) the impacts to the electric grid of increased
penetration of electric vehicles, including--
``(i) the distribution grid infrastructure
needed to support an increase in charging
capacity;
``(ii) strategies for integrating electric
vehicles onto the distribution grid while limiting
infrastructure upgrades;
``(iii) the changes in electricity demand over
a 24-hour cycle due to electric vehicle charging
behavior;
``(iv) the load increases expected from
electrifying the transportation sector;
``(v) the potential for customer incentives
and other managed charging stations strategies to
shift charging off-peak;
``(vi) the technology needed to achieve bi-
directional power flow on the distribution grid;
and
``(vii) the implementation of smart charging
techniques;
``(D) research on the standards needed to integrate
electric vehicles with the grid, including
communications systems, protocols, and charging
stations, in collaboration with the National Institute
for Standards and Technology;
``(E) the cybersecurity challenges and needs
associated with electrifying the transportation sector;
and
[[Page 134 STAT. 2585]]
``(F) <<NOTE: Assessment.>> an assessment of the
feasibility of adopting technologies developed under the
program established under subsection (a) at Department
facilities.
``(2) <<NOTE: Time period.>> Recommendations.--As part of
the Vehicles-to-Grid Integration Assessment Report, the
Secretary shall develop a 10-year roadmap to guide the research,
development, and demonstration program to integrate electric
vehicles onto the electric grid.
``(3) Consultation.--In developing this report, the
Secretary shall consult with relevant stakeholders, including--
``(A) electric vehicle manufacturers;
``(B) electric utilities;
``(C) public utility commissions;
``(D) vehicle battery manufacturers;
``(E) electric vehicle supply equipment
manufacturers;
``(F) charging infrastructure manufacturers;
``(G) the National Laboratories; and
``(H) other Federal agencies, as the Secretary
determines appropriate.
``(4) <<NOTE: Time period.>> Updates.--The Secretary shall
update the report required under this section every 3 years for
the duration of the program under section (a) and shall submit
the updated report to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
``(c) Program Implementation.--In carrying out the research,
development, demonstration, and commercial application aims of section,
the Secretary shall--
``(1) <<NOTE: Recommenda- tions.>> implement the
recommendations set forth in the report in subsection (b); and
``(2) <<NOTE: Coordination.>> coordinate across all
relevant program offices at the Department to achieve the goals
established in this section, including the Office of
Electricity.
``(d) Testing Capabilities.--The Secretary shall coordinate with the
National Laboratories to develop testing capabilities for the
evaluation, rapid prototyping, and optimization of technologies enabling
integration of electric vehicles onto the electric grid.''.
SEC. 8005. ADVISORY COMMITTEE.
Title XIII of the Energy Independence and Security Act of 2007 (42
U.S.C. 17381 et seq.) is amended by adding after section 1310 (as added
by section 8003 of this Act) the following:
``SEC. 1311. <<NOTE: 42 USC 17388.>> ADVISORY COMMITTEE.
``(a) In General.--Not later than 180 days after the enactment of
this section, the Secretary shall designate an existing advisory
committee to advise the Secretary on the authorization of research,
development, and demonstration projects under sections 1304 and 1304A.
``(b) Responsibility.--The Secretary shall annually solicit from the
advisory committee--
``(1) comments to identify grid modernization technology
needs;
``(2) <<NOTE: Assessment.>> an assessment of the progress
of the research activities on grid modernization; and
``(3) assistance in annually updating grid modernization
technology roadmaps.''.
[[Page 134 STAT. 2586]]
SEC. 8006. <<NOTE: 42 USC 16215 note.>> COORDINATION OF EFFORTS.
In carrying out the amendments made by this title, the Secretary
shall coordinate with relevant entities to the maximum extent
practicable, including--
(1) electric utilities;
(2) private sector entities;
(3) representatives of all sectors of the electric power
industry;
(4) transmission organizations;
(5) transmission owners and operators;
(6) distribution organizations;
(7) distribution asset owners and operators;
(8) State, Tribal, local, and territorial governments and
regulatory authorities;
(9) academic institutions;
(10) the National Laboratories;
(11) other Federal agencies;
(12) nonprofit organizations;
(13) the Federal Energy Regulatory Commission;
(14) the North American Reliability Corporation;
(15) independent system operators; and
(16) programs and program offices at the Department.
SEC. 8007. <<NOTE: 42 USC 17389.>> TECHNOLOGY DEMONSTRATION ON
THE DISTRIBUTION GRID.
(a) In General.--The Secretary shall establish a grant program to
carry out eligible projects related to the modernization of the electric
grid, including the application of technologies to improve
observability, advanced controls, and prediction of system performance
on the distribution system.
(b) Eligible Projects.--To be eligible for a grant under subsection
(a), a project shall--
(1) be designed to improve the performance and efficiency of
the future electric grid, while ensuring the continued provision
of safe, secure, reliable, and affordable power; and
(2) demonstrate--
(A) secure integration and management of two or more
energy resources, including distributed energy
generation, combined heat and power, micro-grids, energy
storage, electric vehicles, energy efficiency, demand
response, and intelligent loads; and
(B) secure integration and interoperability of
communications and information technologies.
SEC. 8008. <<NOTE: 42 USC 17390.>> VOLUNTARY MODEL PATHWAYS.
(a) Establishment of Voluntary Model Pathways.--
(1) <<NOTE: Deadline. Consultation.>> Establishment.--Not
later than 90 days after the date of enactment of this Act, the
Secretary of Energy (in this section referred to as the
``Secretary''), in consultation with the steering committee
established under paragraph (3), shall initiate the development
of voluntary model pathways for modernizing the electric grid
through a collaborative, public-private effort that--
(A) produces illustrative policy pathways
encompassing a diverse range of technologies that can be
adapted for State and regional applications by
regulators and policymakers;
[[Page 134 STAT. 2587]]
(B) facilitates the modernization of the electric
grid and associated communications networks to achieve
the objectives described in paragraph (2);
(C) ensures a reliable, resilient, affordable, safe,
and secure electric grid; and
(D) acknowledges and accounts for different
priorities, electric systems, and rate structures across
States and regions.
(2) Objectives.--The pathways established under paragraph
(1) shall facilitate achievement of as many of the following
objectives as practicable:
(A) Near real-time situational awareness of the
electric system.
(B) Data visualization.
(C) Advanced monitoring and control of the advanced
electric grid.
(D) Enhanced certainty of policies for investment in
the electric grid.
(E) Increased innovation.
(F) Greater consumer empowerment.
(G) Enhanced grid resilience, reliability, and
robustness.
(H) Improved--
(i) integration of distributed energy
resources;
(ii) interoperability of the electric system;
and
(iii) predictive modeling and capacity
forecasting.
(I) Reduced cost of service for consumers.
(J) Diversification of generation sources.
(3) <<NOTE: Deadline.>> Steering committee.--Not later than
90 days after the date of enactment of this Act, the Secretary
shall establish a steering committee to help develop the
pathways under paragraph (1), to be composed of members
appointed by the Secretary, consisting of persons with
appropriate expertise representing a diverse range of interests
in the public, private, and academic sectors, including
representatives of--
(A) the Federal Energy Regulatory Commission;
(B) the National Laboratories;
(C) States;
(D) State regulatory authorities;
(E) transmission organizations;
(F) representatives of all sectors of the electric
power industry;
(G) institutions of higher education;
(H) independent research institutes; and
(I) other entities.
(b) Technical Assistance.--The Secretary may provide technical
assistance to States, Indian Tribes, or units of local government to
adopt or implement one or more elements of the pathways developed under
subsection (a)(1), including on a pilot basis.
SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
PROVIDERS.
(a) <<NOTE: Deadline. Consultation.>> In General.--Not later than 2
years after the date of enactment of this Act, the Secretary of Energy,
in consultation with the steering committee established under section
8008(a)(3), shall submit to the Committee on Energy and Natural
Resources
[[Page 134 STAT. 2588]]
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that includes--
(1) <<NOTE: Evaluation.>> an evaluation of the performance
of the electric grid as of the date of the report; and
(2) a description of the projected range of measurable costs
and benefits associated with the changes evaluated under the
scenarios developed under section 1304A of the Energy
Independence and Security Act of 2007.
(b) Considerations for Development of Metrics.--In developing
metrics for the evaluation and projections under subsection (a), the
Secretary of Energy shall consider--
(1) standard methodologies for calculating improvements or
deteriorations in the performance metrics, such as reliability,
grid efficiency, power quality, consumer satisfaction,
sustainability, and financial incentives;
(2) standard methodologies for calculating potential costs
and measurable benefits value to ratepayers, applying the
performance metrics developed under paragraph (1);
(3) identification of tools, resources, and deployment
models that may enable improved performance through the adoption
of emerging, commercially available or advanced grid
technologies or solutions, including--
(A) multicustomer micro-grids;
(B) distributed energy resources;
(C) energy storage;
(D) electric vehicles;
(E) electric vehicle charging infrastructure;
(F) integrated information and communications
systems;
(G) transactive energy systems; and
(H) advanced demand management systems; and
(4) the role of States and local regulatory authorities in
enabling a robust future electric grid to ensure that--
(A) electric utilities remain financially viable;
(B) electric utilities make the needed investments
that ensure a reliable, secure, and resilient grid; and
(C) costs incurred to transform to an integrated
grid are allocated and recovered responsibly,
efficiently, and equitably.
SEC. 8010. <<NOTE: 42 USC 17391.>> VOLUNTARY STATE, REGIONAL, AND
LOCAL ELECTRICITY DISTRIBUTION PLANNING.
(a) In General.--On the request of a State, regional organization,
or electric utility, the Secretary of Energy shall provide assistance to
States, regional organizations, and electric utilities to facilitate the
development of State, regional, and local electricity distribution plans
by--
(1) <<NOTE: Assessment. Analysis.>> conducting a resource
assessment and analysis of future demand and distribution
requirements; and
(2) developing open source tools for State, regional, and
local planning and operations.
(b) Risk and Security Analysis.--The assessment under subsection
(a)(1) shall include--
(1) <<NOTE: Evaluation.>> the evaluation of the physical
security, cybersecurity, and associated communications needs of
an advanced distribution management system and the integration
of distributed energy resources; and
[[Page 134 STAT. 2589]]
(2) advanced use of grid architecture to analyze risks in an
all-hazards approach that includes communications
infrastructure, control systems architecture, and power systems
architecture.
(c) Designation.--The information collected for the assessment and
analysis under subsection (a)(1)--
(1) shall be considered to be critical electric
infrastructure information under section 215A of the Federal
Power Act (16 U.S.C. 824o-1); and
(2) shall only be released in compliance with regulations
implementing that section.
(d) Technical Assistance.--For the purpose of assisting in the
development of State and regional electricity distribution plans, the
Secretary shall provide technical assistance to--
(1) States;
(2) regional reliability entities; and
(3) other distribution asset owners and operators.
(e) Withdrawal.--A State or any entity that has requested technical
assistance under this section may withdraw the request for technical
assistance at any time, and on such withdrawal, the Secretary shall
terminate all assistance efforts.
(f) Effect.--Nothing in this section authorizes the Secretary to
require any State, regional organization, regional reliability entity,
asset owner, or asset operator to adopt any model, tool, plan, analysis,
or assessment.
SEC. 8011. <<NOTE: 42 USC 17392.>> MICRO-GRID AND INTEGRATED
MICRO-GRID SYSTEMS PROGRAM.
(a) Definitions.--In this section:
(1) Integrated micro-grid system.--The term ``integrated
micro-grid system'' means a micro-grid system that--
(A) comprises generation from both conventional and
renewable energy resources; and
(B) may use grid-scale energy storage.
(2) Isolated community.--The term ``isolated community''
means a community that is powered by a stand-alone electric
generation and distribution system without the economic and
reliability benefits of connection to a regional electric grid.
(3) Micro-grid system.--The term ``micro-grid system'' means
a localized grid that operates autonomously, regardless of
whether the grid can operate in connection with another grid.
(4) Rural electric cooperative.--The term ``rural electric
cooperative'' means an electric cooperative (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) that sells
electric energy to persons in rural areas.
(5) Strategy.--The term ``strategy'' means the strategy
developed pursuant to subsection (b)(2)(B).
(b) Program.--
(1) Establishment.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall establish a program to
promote the development of--
(A) integrated micro-grid systems for isolated
communities; and
(B) micro-grid systems to increase the resilience of
critical infrastructure.
[[Page 134 STAT. 2590]]
(2) Requirements.--The program established under paragraph
(1) shall--
(A) <<NOTE: Assessment.>> develop a feasibility
assessment for--
(i) integrated micro-grid systems in isolated
communities; and
(ii) micro-grid systems to enhance the
resilience of critical infrastructure;
(B) <<NOTE: Implementation strategy.>> develop an
implementation strategy, in accordance with paragraph
(3), to promote the development of integrated micro-grid
systems for isolated communities, particularly for those
communities exposed to extreme weather conditions and
high energy costs, including electricity, space heating
and cooling, and transportation;
(C) <<NOTE: Implementation strategy.>> develop an
implementation strategy to promote the development of
micro-grid systems that increase the resilience of
critical infrastructure; and
(D) carry out cost-shared demonstration projects,
based upon the strategies developed under subparagraph
(B) that include the development of physical and
cybersecurity plans to take appropriate measures to
protect and secure the electric grid.
(3) Requirements for strategy.--In developing the strategy
under paragraph (2)(B), the Secretary shall consider--
(A) opportunities for improving the efficiency of
existing integrated micro-grid systems;
(B) the capacity of the local workforce to operate,
maintain, and repair a integrated micro-grid system as
well as opportunities to improve that capacity;
(C) leveraging existing capacity within local or
regional research organizations, such as organizations
based at institutions of higher education, to support
development of integrated micro-grid systems, including
by testing novel components and systems prior to field
deployment;
(D) the need for basic infrastructure to develop,
deploy, and sustain a integrated micro-grid system;
(E) input of traditional knowledge from local
leaders of isolated communities in the development of a
integrated micro-grid system;
(F) the impact of integrated micro-grid systems on
defense, homeland security, economic development, and
environmental interests;
(G) opportunities to leverage existing interagency
coordination efforts and recommendations for new
interagency coordination efforts to minimize unnecessary
overhead, mobilization, and other project costs; and
(H) any other criteria the Secretary determines
appropriate.
(c) Collaboration.--The program established under subsection (b)(1)
shall be carried out in collaboration with relevant stakeholders,
including, as appropriate--
(1) States;
(2) Indian Tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education; and
(6) private sector entities.
[[Page 134 STAT. 2591]]
(d) <<NOTE: Time period.>> Report.--Not later than 180 days after
the date of enactment of this Act, and annually thereafter until
calendar year 2029, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the efforts to
implement the program established under subsection (b)(1) and the status
of the strategy developed under subsection (b)(2)(B).
(e) Barriers and Benefits to Micro-grid Systems.--
(1) Report.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives
a report on the benefits of, and barriers to, implementing
resilient micro-grid systems that are--
(A)(i) owned or operated by an isolated community,
rural electric cooperative, or municipal government; or
(ii) operated on behalf of a municipal government or
rural electric cooperative; and
(B) designed to maximize the use of--
(i) energy-generation facilities owned or
operated by isolated communities; or
(ii) a municipal or rural electric cooperative
energy-generation facility.
(2) Grants to overcome barriers.--The Secretary shall award
grants of not more than $500,000 to not fewer than 20 municipal
governments, rural electric cooperatives, or isolated
communities, up to a total of $15,000,000, each year to assist
those municipal governments, rural electric cooperatives, and
isolated communities in overcoming the barriers identified in
the report under paragraph (1).
SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF APPROPRIATIONS.
(a) Technical Amendments.--
(1) Energy independence and security act of 2007.--Section
1(b) of the Energy Independence and Security Act of 2007 is
amended in the table of contents--
(A) by inserting the following after the item
related to section 136:
``Sec. 137. Research and development into integrating electric vehicles
onto the electric grid.'';
(B) by inserting the following after the item
related to section 1304:
``Sec. 1304A. Smart grid modeling, visualization, architecture, and
controls.''; and
(C) by inserting the following after the item
related to section 1309:
``Sec. 1310. Integrated energy systems.
``Sec. 1311. Advisory committee.''.
[[Page 134 STAT. 2592]]
(2) Energy policy act of 2005.--Section 1(b) of the Energy
Policy Act of 2005 is amended in the table of contents by
inserting the following after the item related to section 935:
``Sec. 936. Research and development into integrating renewable energy
onto the electric grid.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to carry out section 8006 and the amendments made by
sections 8001, 8002, and 8005 of this title--
(A) $175,000,000 for fiscal year 2021;
(B) $180,000,000 for fiscal year 2022;
(C) $185,000,000 for fiscal year 2023;
(D) $190,000,000 for fiscal year 2024; and
(E) $199,500,000 for fiscal year 2025;
(2) to carry out sections 8007, 8008, 8009, 8010, and 8011
of this title $175,000,000 for each of fiscal years 2021 through
2025;
(3) to carry out section 8003 of this title--
(A) $21,000,000 for fiscal year 2021;
(B) $22,050,000 for fiscal year 2022;
(C) $23,153,000 for fiscal year 2023;
(D) $24,310,000 for fiscal year 2024; and
(E) $25,525,000 for fiscal year 2025; and
(4) to carry out section 8004 of this title--
(A) $52,500,000 for fiscal year 2021;
(B) $55,152,000 for fiscal year 2022;
(C) $57,882,000 for fiscal year 2023;
(D) $60,775,000 for fiscal year 2024; and
(E) $63,814,000 for fiscal year 2025.
SEC. 8013. INDIAN ENERGY.
(a) Definition of Indian Land.--Section 2601(2) of the Energy Policy
Act of 1992 (25 U.S.C. 3501(2)) is amended--
(1) in subparagraph (B)(iii), by striking ``and'';
(2) in subparagraph (C), by striking ``land.'' and inserting
``land;''; and
(3) by adding at the end the following subparagraphs:
``(D) any land located in a census tract in which
the majority of residents are Natives (as defined in
section 3(b) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(b))); and
``(E) any land located in a census tract in which
the majority of residents are persons who are enrolled
members of a federally recognized Tribe or village.''.
(b) Reduction of Cost Share.--Section 2602(b)(5) of the Energy
Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the
end the following subparagraphs:
``(D) The Secretary of Energy may reduce any applicable cost
share required of an Indian tribe, intertribal organization, or
tribal energy development organization in order to receive a
grant under this subsection to not less than 10 percent if the
Indian tribe, intertribal organization, or tribal energy
development organization meets criteria developed by the
Secretary of Energy, including financial need.
[[Page 134 STAT. 2593]]
``(E) Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall not apply to assistance provided under this
subsection.''.
(c) Authorization of Appropriations.--Section 2602(b)(7) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking
`` $20,000,000 for each of fiscal years 2006 through 2016'' and
inserting `` $30,000,000 for each of fiscal years 2021 through 2025''.
SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.
(a) Assessment.--The Secretary of Energy shall conduct an assessment
of the status of access to electricity by households residing in Tribal
communities or on Indian land, and the reliability of electric service
available to households residing in Tribal communities or on Indian
land, as compared to the status of access to and reliability of
electricity within neighboring States or within the State in which
Indian land is located.
(b) <<NOTE: Review. Recommenda- tions.>> Consultation.--The
Secretary of Energy shall consult with Indian Tribes, Tribal
organizations, the North American Electricity Reliability Corporation,
and the Federal Energy Regulatory Commission in the development and
conduct of the assessment under subsection (a). Indian Tribes and Tribal
organizations shall have the opportunity to review and make
recommendations regarding the development of the assessment and the
findings of the assessment, prior to the submission of the report under
subsection (c).
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary of Energy shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on the results of
the assessment conducted under subsection (a), which shall include--
(1) a description of generation, transmission, and
distribution assets available to provide electricity to
households residing in Tribal communities or on Indian land;
(2) <<NOTE: Survey.>> a survey of the retail and wholesale
prices of electricity available to households residing in Tribal
communities or on Indian land;
(3) a description of participation of Tribal members in the
electric utility workforce, including the workforce for
construction and maintenance of renewable energy resources and
distributed energy resources;
(4) the percentage of households residing in Tribal
communities or on Indian land that do not have access to
electricity;
(5) the potential of distributed energy resources to provide
electricity to households residing in Tribal communities or on
Indian land;
(6) the potential for tribally-owned electric utilities or
electric utility assets to participate in or benefit from
regional electricity markets;
(7) a description of the barriers to providing access to
electric service to households residing in Tribal communities or
on Indian land; and
(8) <<NOTE: Recommenda- tions.>> recommendations to improve
access to and reliability of electric service for households
residing in Tribal communities or on Indian land.
(d) Definitions.--In this section:
[[Page 134 STAT. 2594]]
(1) Tribal member.--The term ``Tribal member'' means a
person who is an enrolled member of a federally recognized Tribe
or village.
(2) Tribal community.--The term ``Tribal community'' means a
community in a United States census tract in which the majority
of residents are persons who are enrolled members of a federally
recognized Tribe or village.
SEC. 8015. NET METERING STUDY AND EVALUATION.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 180
days after the date of enactment of this Act, the Secretary of Energy
shall seek to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (referred to in this section as the
``National Academies'') under which the National Academies shall--
(1) study the opportunities and challenges associated with
net metering; and
(2) evaluate the expected medium- and long-term impacts of
net metering.
(b) Elements.--The study and evaluation conducted pursuant to the
agreement entered into under subsection (a) shall address--
(1) developments in net metering, including the emergence of
new technologies;
(2) alternatives to existing metering systems that--
(A) provide for transactions that--
(i) measure electric energy consumption by an
electric consumer at the home or facility of that
electric consumer; and
(ii) are capable of sending electric energy
usage information through a communications network
to an electric utility;
(B) promote equitable distribution of resources and
costs; and
(C) provide incentives for the use of distributed
renewable generation;
(3) net metering planning and operating techniques;
(4) effective architecture for net metering;
(5) successful net metering business models;
(6) consumer and industry incentives for net metering;
(7) the role of renewable resources in the electric grid;
(8) the role of net metering in developing future models for
renewable infrastructure; and
(9) the use of battery storage with net metering.
(c) Report.--
(1) In general.--The agreement entered into under subsection
(a) shall require the National Academies to submit to the
Secretary of Energy, not later than 2 years after entering into
the agreement, a report that describes the results of the study
and evaluation conducted pursuant to the agreement.
(2) <<NOTE: Internet.>> Public availability.--The report
submitted under paragraph (1) shall be made available to the
public through electronic means, including the internet.
[[Page 134 STAT. 2595]]
TITLE IX--DEPARTMENT OF ENERGY INNOVATION
SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended--
(1) by striking subsection (a) and all that follows through
``The Coordinator'' in subsection (b) and inserting the
following:
``(a) Office of Technology Transitions.--
``(1) Establishment.--There is established within the
Department an Office of Technology Transitions (referred to in
this section as the `Office').
``(2) Mission.--The mission of the Office shall be--
``(A) to expand the commercial impact of the
research investments of the Department; and
``(B) to focus on commercializing technologies that
support the missions of the Department, including
reducing greenhouse gas emissions and other pollutants.
``(3) Goals.--
``(A) In general.--In carrying out the mission and
activities of the Office, the Chief Commercialization
Officer appointed under paragraph (4) shall, with
respect to commercialization activities, meet all of the
goals described in subparagraph (B).
``(B) Goals described.--The goals referred to in
subparagraph (A) are the following:
``(i) Reduction of greenhouse gas emissions
and other pollutants.
``(ii) Ensuring economic competitiveness.
``(iii) Enhancement of domestic energy
security and national security.
``(iv) Enhancement of domestic jobs.
``(v) Improvement of energy efficiency.
``(vi) Any other goals to support the transfer
of technology developed by Department-funded
programs to the private sector, as consistent with
missions of the Department.
``(4) Chief commercialization officer.--
``(A) In general.--The Office shall be headed by an
officer, who shall be known as the `Chief
Commercialization Officer', and who shall report
directly to, and be appointed by, the Secretary.
``(B) Principal advisor.--The Chief
Commercialization Officer shall be the principal advisor
to the Secretary on all matters relating to technology
transfer and commercialization.
``(C) Qualifications.--The Chief Commercialization
Officer'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``subsection (d)''
and inserting ``subsection (b)'';
(B) by redesignating paragraphs (1) through (4) as
clauses (i) through (iv), respectively, and indenting
appropriately; and
(C) by striking the subsection designation and
heading and all that follows through ``The Coordinator''
in the
[[Page 134 STAT. 2596]]
matter preceding clause (i) (as so redesignated) and
inserting the following:
``(D) Duties.--The Chief Commercialization
Officer'';
(3) by adding at the end of subsection (a) (as amended by
paragraph (2)(C)) the following:
``(5) Coordination.--In carrying out the mission and
activities of the Office, the Chief Commercialization Officer
shall coordinate with the senior leadership of the Department,
other relevant program offices of the Department, National
Laboratories, the Technology Transfer Working Group established
under subsection (b), the Technology Transfer Policy Board, and
other stakeholders (including private industry).'';
(4) by redesignating subsections (d) through (h) as
subsections (b) through (f), respectively;
(5) in subsection (f) (as so redesignated), by striking
``subsection (e)'' and inserting ``subsection (c)''; and
(6) by adding at the end the following:
``(g) Additional Technology Transfer Programs.--The Secretary may
develop additional programs to--
``(1) support regional energy innovation systems;
``(2) support clean energy incubators;
``(3) provide small business vouchers;
``(4) provide financial and technical assistance for
entrepreneurial fellowships at national laboratories;
``(5) encourage students, energy researchers, and national
laboratory employees to develop entrepreneurial skillsets and
engage in entrepreneurial opportunities;
``(6) support private companies and individuals in
partnering with National Laboratories; and
``(7) further support the mission and goals of the
Office.''.
SEC. 9002. <<NOTE: 42 USC 16391 note.>> LAB PARTNERING SERVICE
PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary of Energy (in this section
referred to as the ``Secretary''), acting through the Chief
Commercialization Officer established in section 1001(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish
a Lab Partnering Service Pilot Program (hereinafter in this
section referred to as the ``pilot program'').
(2) <<NOTE: Website.>> Purposes.--The purposes of the pilot
program are to provide services that encourage and support
partnerships between the National Laboratories and public and
private sector entities, and to improve communication of
research, development, demonstration, and commercial application
projects and opportunities at the National Laboratories to
potential partners through the development of a website and the
provision of services, in collaboration with relevant external
entities, and to identify and develop metrics regarding the
effectiveness of such partnerships.
(3) Activities.--In carrying out this pilot program, the
Secretary shall--
(A) conduct outreach to and engage with relevant
public and private entities;
(B) identify and disseminate best practices for
strengthening connections between the National
Laboratories and public and private sector entities; and
(C) <<NOTE: Website.>> develop a website to
disseminate information on--
[[Page 134 STAT. 2597]]
(i) different partnering mechanisms for
working with the National Laboratories;
(ii) National Laboratory experts and research
areas; and
(iii) National Laboratory facilities and user
facilities.
(b) Metrics.--The Secretary shall support the development of
metrics, including conversion metrics, to determine the effectiveness of
the pilot program in achieving the purposes in subsection (a) and the
number and types of partnerships established between public and private
sector entities and the National Laboratories compared to baseline data.
(c) Coordination.--In carrying out the activities authorized in this
section, the Secretary shall coordinate with the Directors of (and
dedicated technology transfer staff at) the National Laboratories, in
particular for matchmaking services for individual projects, which
should be led by the National Laboratories.
(d) Funding Employee Partnering Activities.--The Secretary shall
delegate to the Directors of each National Laboratory and single-purpose
research facility of the Department the authority to compensate National
Laboratory employees providing services under this section.
(e) Duration.--Subject to the availability of appropriations, the
pilot program established in this section shall operate for not less
than 3 years and may be built off an existing program.
(f) <<NOTE: Deadline.>> Evaluation.--Not later than 6 months after
the completion of this pilot program, the Secretary shall support the
evaluation of the success of the pilot program in achieving the purposes
in subsection (a) and shall submit the evaluation to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate. The assessment
shall include analyses of the performance of the pilot program based on
the metrics developed under subsection (b).
(g) Definition.--In this section, the term ``National Laboratory''
has the meaning given such term in section 2(3) of the Energy Policy Act
of 2005 (42 U.S.C. 15801(3)).
SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND.
Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
16391(e)) is amended to read as follows:
``(e) Technology Commercialization Fund.--
``(1) Establishment.--The Secretary, acting through the
Chief Commercialization Officer established in section 1001(a)
of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
establish a Technology Commercialization Fund (hereafter
referred to as the `Fund'), using nine-tenths of one percent of
the amount of appropriations made available to the Department
for applied energy research, development, demonstration, and
commercial application for each fiscal year, to be used to
provide, in accordance with the cost-sharing requirements under
section 988, funds to private partners, including national
laboratories, to promote promising energy technologies for
commercial purposes.
``(2) Applications.--
[[Page 134 STAT. 2598]]
``(A) <<NOTE: Criteria.>> Considerations.--The
Secretary shall develop criteria for evaluating
applications for funding under this section, which may
include--
``(i) the potential that a proposed technology
will result in a commercially successful product
within a reasonable timeframe; and
``(ii) the relative maturity of a proposed
technology for commercial application.
``(B) Selections.--In awarding funds under this
section, the Secretary may give special consideration to
applications that involve at least one applicant that
has participated in an entrepreneurial or
commercialization training program, such as Energy
Innovation Corps.
``(f) Annual Report.--The Secretary shall include in the annual
report required under section 9007(a) of the Energy Act of 2020--
``(1) description of the projects carried out with awards
from the Fund for that fiscal year;
``(2) each project's cost-share for that fiscal year; and
``(3) each project's partners for that fiscal year.
``(g) Technology Commercialization Fund Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Energy Act of 2020, the Secretary shall submit
to the Committee on Science, Space, and Technology and Committee
on Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and Committee on
Appropriations of the Senate a report on the current and
recommended implementation of the Fund.
``(2) Contents.--The report under subparagraph (A) shall
include--
``(A) <<NOTE: Summary.>> a summary, with supporting
data, of how much Department program offices contribute
to and use the Fund each year, including a list of
current funding restrictions;
``(B) <<NOTE: Recommenda- tions.>> recommendations
on how to improve implementation and administration of
the Fund; and
``(C) <<NOTE: Analysis.>> an analysis on how to
spend funds optimally on technology areas that have the
greatest need and opportunity for commercial
application, rather than spending funds at the
programmatic level or under current funding
restrictions.''.
SEC. 9004. STREAMLINING PRIZE COMPETITIONS.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is
amended by inserting after subsection (d) the following (and
redesignating subsections (f) and (g) as subsections (g) and (h),
respectively):
``(e) Coordination.--In carrying out subsection (a), and for any
prize competitions under section 105 of the America Creating
Opportunities to Meaningfully Promote Excellence in Technology,
Education, and Science Reauthorization Act of 2010, the Secretary
shall--
``(1) issue Department-wide guidance on the design,
development, and implementation of prize competitions;
``(2) collect and disseminate best practices on the design
and administration of prize competitions;
``(3) streamline contracting mechanisms for the
implementation of prize competitions; and
[[Page 134 STAT. 2599]]
``(4) provide training and prize competition design support,
as necessary, to Department staff to develop prize competitions
and challenges.''.
SEC. 9005. <<NOTE: 42 USC 7256c.>> MILESTONE-BASED DEMONSTRATION
PROJECTS.
(a) In General.--Acting under section 646(g) of the Department of
Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding paragraph
(10) of such section, the Secretary of Energy (in this section referred
to as the ``Secretary'') may carry out demonstration projects as a
milestone-based demonstration project that requires particular technical
and financial milestones to be met before a participant is awarded
grants by the Department through a competitive award process.
(b) Requirements.--In carrying out milestone-based demonstration
projects under the authority in paragraph (1), the Secretary shall, for
each relevant project--
(1) <<NOTE: Proposals. Determination. Plans.>> request
proposals from eligible entities, as determined by the
Secretary, including--
(A) a business plan, that may include a plan for
scalable manufacturing and a plan for addressing supply
chain gaps;
(B) a plan for raising private sector investment;
and
(C) <<NOTE: Estimates.>> proposed technical and
financial milestones, including estimated project
timelines and total costs; and
(2) award funding of a predetermined amount to projects that
successfully meet proposed milestones under paragraph (1)(C) or
for expenses deemed reimbursable by the Secretary, in accordance
with terms negotiated for an individual award;
(3) require cost sharing in accordance with section 988 of
the Energy Policy Act of 2005; and
(4) communicate regularly with selected eligible entities
and, if the Secretary deems appropriate, exercise small amounts
of flexibility for technical and financial milestones as
projects mature.
(c) Awards.--For the program established under subsection (a)--
(1) <<NOTE: Review.>> an award recipient shall be
responsible for all costs until milestones are achieved, or
reimbursable expenses are reviewed and verified by the
Department; and
(2) should an awardee not meet the milestones described in
subsection (a), the Secretary or their designee may end the
partnership with an award recipient and use the remaining funds
in the ended agreement for new or existing projects carried out
under this section.
(d) <<NOTE: Consultation.>> Project Management.--In carrying out
projects under this program and assessing the completion of their
milestones in accordance with subsection (b), the Secretary shall
consult with experts that represent diverse perspectives and
professional experiences, including those from the private sector, to
ensure a complete and thorough review.
(e) Report.--In accordance with section 9007(a), the Secretary shall
report annually on any demonstration projects carried out using the
authorities under this section.
SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION.
(a) Subsection 646(g)(10) of the Department of Energy Organization
Act (42 U.S.C. 7256(g)(10)) is amended by striking ``September 30,
2020'' and inserting ``September 30, 2030''.
[[Page 134 STAT. 2600]]
(b) <<NOTE: Applicability. 42 USC 16237 note.>> The provisions of
section 602 of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3212) shall apply with respect to construction, alteration, or
repair work of demonstration projects funded by grants or contracts
authorized under sections 3001, 3003, 3004, 5001, and 8007 and the
amendments made by such sections.
SEC. 9007. <<NOTE: 42 USC 16391a.>> TECHNOLOGY TRANSFER REPORTS
AND EVALUATION.
(a) Annual Report.--As part of the updated technology transfer
execution plan required each year under section 1001(h)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of Energy (in
this section referred to as the ``Secretary'') shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate a report on the progress and implementation of programs
established under sections 9001, 9002, 9003, 9004, and 9005 of this Act.
(b) <<NOTE: Deadline. Time period.>> Evaluation.--Not later than 3
years after the enactment of this Act and every 3 years thereafter the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation on the extent to which
programs established under sections 9001, 9002, 9003, 9004, and 9005 of
this Act are achieving success based on relevant short-term and long-
term metrics.
(c) <<NOTE: Contracts.>> Report on Technology Transfer Gaps.--Not
later than 3 years after the enactment of this Act, the Secretary shall
enter into an agreement with the National Academies of Science,
Engineering, and Medicine to submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on programmatic gaps
that exist to advance the commercial application of technologies
developed at the National Laboratories (as defined in section 2(3) of
the Energy Policy Act of 2005 (42 U.S.C. 15801(3))).
SEC. 9008. <<NOTE: 15 USC 5544.>> VETERANS' HEALTH INITIATIVE.
(a) Purposes.--The purposes of this section are to advance
Department of Energy expertise in artificial intelligence and high-
performance computing in order to improve health outcomes for veteran
populations by--
(1) supporting basic research through the application of
artificial intelligence, high-performance computing, modeling
and simulation, machine learning, and large-scale data analytics
to identify and solve outcome-defined challenges in the health
sciences;
(2) maximizing the impact of the Department of Veterans
Affairs' health and genomics data housed at the National
Laboratories, as well as data from other sources, on science,
innovation, and health care outcomes through the use and
advancement of artificial intelligence and high-performance
computing capabilities of the Department;
(3) promoting collaborative research through the
establishment of partnerships to improve data sharing between
Federal agencies, National Laboratories, institutions of higher
education, and nonprofit institutions;
[[Page 134 STAT. 2601]]
(4) establishing multiple scientific computing user
facilities to house and provision available data to foster
transformational outcomes; and
(5) driving the development of technology to improve
artificial intelligence, high-performance computing, and
networking relevant to mission applications of the Department,
including modeling, simulation, machine learning, and advanced
data analytics.
(b) Veterans Health Research and Development.--
(1) In general.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall establish and carry out
a research program in artificial intelligence and high-
performance computing, focused on the development of tools to
solve large-scale data analytics and management challenges
associated with veteran's healthcare, and to support the efforts
of the Department of Veterans Affairs to identify potential
health risks and challenges utilizing data on long-term
healthcare, health risks, and genomic data collected from
veteran populations. The Secretary shall carry out this program
through a competitive, merit-reviewed process, and consider
applications from National Laboratories, institutions of higher
education, multi-institutional collaborations, and other
appropriate entities.
(2) Program components.--In carrying out the program
established under paragraph (1), the Secretary may--
(A) conduct basic research in modeling and
simulation, machine learning, large-scale data
analytics, and predictive analysis in order to develop
novel or optimized algorithms for prediction of disease
treatment and recovery;
(B) develop methods to accommodate large data sets
with variable quality and scale, and to provide insight
and models for complex systems;
(C) develop new approaches and maximize the use of
algorithms developed through artificial intelligence,
machine learning, data analytics, natural language
processing, modeling and simulation, and develop new
algorithms suitable for high-performance computing
systems and large biomedical data sets;
(D) advance existing and construct new data enclaves
capable of securely storing data sets provided by the
Department of Veterans Affairs, Department of Defense,
and other sources; and
(E) promote collaboration and data sharing between
National Laboratories, research entities, and user
facilities of the Department by providing the necessary
access and secure data transfer capabilities.
(3) Coordination.--In carrying out the program established
under paragraph (1), the Secretary is authorized--
(A) <<NOTE: Memorandum.>> to enter into memoranda
of understanding in order to carry out reimbursable
agreements with the Department of Veterans Affairs and
other entities in order to maximize the effectiveness of
Department research and development to improve veterans'
healthcare;
(B) <<NOTE: Consultation.>> to consult with the
Department of Veterans Affairs and other Federal
agencies as appropriate; and
(C) to ensure that data storage meets all privacy
and security requirements established by the Department
of
[[Page 134 STAT. 2602]]
Veterans Affairs, and that access to data is provided in
accordance with relevant Department of Veterans Affairs
data access policies, including informed consent.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources and the Committee on
Veterans' Affairs of the Senate, and the Committee on Science,
Space, and Technology and the Committee on Veterans' Affairs of
the House of Representatives, a report detailing the
effectiveness of--
(A) the interagency coordination between each
Federal agency involved in the research program carried
out under this subsection;
(B) collaborative research achievements of the
program; and
(C) potential opportunities to expand the technical
capabilities of the Department.
(5) Funding.--There is authorized to be appropriated to the
Secretary of Veterans Affairs to carry out this subsection
$27,000,000 for fiscal year 2021.
(c) Interagency Collaboration.--
(1) In general.--The Secretary is authorized to carry out
research, development, and demonstration activities to develop
tools to apply to big data that enable Federal agencies,
institutions of higher education, nonprofit research
organizations, and industry to better leverage the capabilities
of the Department to solve complex, big data challenges. The
Secretary shall carry out these activities through a
competitive, merit-reviewed process, and consider applications
from National Laboratories, institutions of higher education,
multi-institutional collaborations, and other appropriate
entities.
(2) Activities.--In carrying out the research, development,
and demonstration activities authorized under paragraph (1), the
Secretary may--
(A) utilize all available mechanisms to prevent
duplication and coordinate research efforts across the
Department;
(B) establish multiple user facilities to serve as
data enclaves capable of securely storing data sets
created by Federal agencies, institutions of higher
education, nonprofit organizations, or industry at
National Laboratories; and
(C) promote collaboration and data sharing between
National Laboratories, research entities, and user
facilities of the Department by providing the necessary
access and secure data transfer capabilities.
(3) <<NOTE: Evaluation.>> Report.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report evaluating the
effectiveness of the activities authorized under paragraph (1).
(4) Funding.--There are authorized to be appropriated to the
Secretary to carry out this subsection $15,000,000 for each of
fiscal years 2021 through 2025.
(d) Definition.--In this section, the term ``National Laboratory''
has the meaning given such term in section 2(3) of the Energy Policy Act
of 2005 (42 U.S.C. 15801(3)).
[[Page 134 STAT. 2603]]
SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND DEVELOPMENT.
There are authorized to be appropriated to carry out research,
development, demonstration, and commercial application activities within
the Department of Energy's Offices of Hydrogen and Fuel Cell
Technologies, Vehicle Technologies, and Bioenergy Technologies--
(1) $830,000,000 for fiscal year 2021;
(2) $855,000,000 for fiscal year 2022; and
(3) $880,000,000 for fiscal year 2023.
SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM.
(a) Terms and Conditions.--Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--Except as provided in paragraph (2), the
cost of a guarantee shall be paid by the Secretary using an
appropriation made for the cost of the guarantee, subject to the
availability of such an appropriation.
``(2) Insufficient appropriations.--If sufficient
appropriated funds to pay the cost of a guarantee are not
available, then the guarantee shall not be made unless--
``(A) the Secretary has received from the borrower a
payment in full for the cost of the guarantee and
deposited the payment into the Treasury; or
``(B) a combination of one or more appropriations
and one or more payments from the borrower under this
subsection has been made that is sufficient to cover the
cost of the guarantee.'';
(2) in subsection (d)(3), by striking ``is not subordinate''
and inserting ``, including any reorganization, restructuring,
or termination thereof, shall not at any time be subordinate'';
(3) in subsection (h)--
(A) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Fee. Determination.>> In general.--The
Secretary shall charge, and collect on or after the date of the
financial close of an obligation, a fee for a guarantee in an
amount that the Secretary determines is sufficient to cover
applicable administrative expenses (including any costs
associated with third-party consultants engaged by the
Secretary).''; and
(B) by adding at the following:
``(3) Reduction in fee amount.--Notwithstanding paragraph
(1) and subject to the availability of appropriations, the
Secretary may reduce the amount of a fee for a guarantee under
this subsection.''; and
(4) by adding at the end the following:
``(l) <<NOTE: Consultation.>> Restructuring of Loan Guarantees.--
The Secretary shall consult with the Secretary of the Treasury regarding
any restructuring of the terms or conditions of a guarantee issued
pursuant to this title, including with respect to any deviations from
the financial terms of the guarantee.
``(m) <<NOTE: Deadlines.>> Written Analysis.--
``(1) Requirement.--The Secretary may not make a guarantee
under this title until the Secretary of the Treasury has
transmitted to the Secretary, and the Secretary has taken
[[Page 134 STAT. 2604]]
into consideration, a written analysis of the financial terms
and conditions of the proposed guarantee.
``(2) Transmission.--Not later than 30 days after receiving
information on a proposed guarantee from the Secretary, the
Secretary of the Treasury shall transmit the written analysis of
the financial terms and conditions of the proposed guarantee
required under paragraph (1) to the Secretary.
``(3) Explanation.--If the Secretary makes a guarantee the
financial terms and conditions of which are not consistent with
the written analysis required under this subsection, not later
than 30 days after making such guarantee, the Secretary shall
submit to the Committee on Energy and Commerce and the Committee
on Science, Space, and Technology of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate, a written explanation of any material
inconsistencies.
``(n) <<NOTE: Deadlines.>> Application Status.--
``(1) Request.--If the Secretary does not make a final
decision on an application for a guarantee under this title by
the date that is 180 days after receipt of the application by
the Secretary, the applicant may request, on or after that date
and not more than once every 60 days thereafter until a final
decision is made, that the Secretary provide to the applicant a
response described in paragraph (2).
``(2) Response.--Not later than 10 days after receiving a
request from an applicant under paragraph (1), the Secretary
shall provide to the applicant a response that includes--
``(A) a description of the current status of review
of the application;
``(B) <<NOTE: Summary. Lists.>> a summary of any
factors that are delaying a final decision on the
application, a list of what items are required in order
to reach a final decision, citations to authorities
stating the reasons why such items are required, and a
list of actions the applicant can take to expedite the
process; and
``(C) <<NOTE: Estimate.>> an estimate of when a
final decision on the application will be made.
``(o) Outreach.--In carrying out this title, the Secretary shall--
``(1) provide assistance with the completion of applications
for a guarantee under this title;
``(2) conduct outreach, including through conferences and
online programs, to disseminate information to potential
applicants;
``(3) conduct outreach to encourage participation of
supporting finance institutions and private lenders in eligible
projects.
``(p) Coordination.--In carrying out this title, the Secretary shall
coordinate activities under this title with activities of other relevant
offices with the Department.
``(q) <<NOTE: Time period.>> Report.--Not later than 2 years after
the date of the enactment of this subsection and every 3 years
thereafter, the Secretary shall submit to Congress a report on the
status of applications for, and projects receiving, guarantees under
this title, including--
``(1) <<NOTE: List.>> a list of such projects, including
the guarantee amount, construction status, and financing
partners of each such project;
[[Page 134 STAT. 2605]]
``(2) the status of each such project's loan repayment,
including interest paid and future repayment projections;
``(3) <<NOTE: Estimate.>> an estimate of the air pollutant
or greenhouse gas emissions avoided or reduced from each such
project;
``(4) <<NOTE: Data.>> data regarding the number of direct
and indirect jobs retained, restored, or created by such
projects;
``(5) identification of--
``(A) technologies deployed by projects that have
received guarantees that have subsequently been deployed
commercially without guarantees; and
``(B) novel technologies that have been deployed by
such projects and deployed in the commercial energy
market;
``(6) <<NOTE: Time period.>> the number of new projects
projected to receive a guarantee under this title during the
next 2 years and the aggregate guarantee amount;
``(7) the number of outreach engagements conducted with
potential applicants;
``(8) the number of applications received and currently
pending for each open solicitation; and
``(9) any other metrics the Secretary finds appropriate.''.
(b) Project Eligibility Expansion.--Section 1703 of the Energy
Policy Act of 2005 (42 U.S.C. 16513) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, utilize''
after ``reduce''; and
(B) in paragraph (2), by striking ``.'' and
inserting ``, including projects that employ elements of
commercial technologies in combination with new or
significantly improved technologies.'';
(2) in subsection (b)--
(A) in paragraph (4), by inserting ``, including
manufacturing of nuclear supply components for advanced
nuclear reactors'' after ``facilities'';
(B) by amending paragraph (5) to read as follows:
``(5) Carbon capture, utilization, and sequestration
practices and technologies, including--
``(A) agricultural and forestry practices that store
and sequester carbon; and
``(B) synthetic technologies to remove carbon from
the air and oceans.''; and
(C) by adding at the end the following:
``(11) Energy storage technologies for residential,
industrial, transportation, and power generation applications.
``(12) Technologies or processes for reducing greenhouse gas
emissions from industrial applications, including iron, steel,
cement, and ammonia production, hydrogen production, and the
generation of high-temperature heat.''; and
(3) by adding at the end the following new subsection:
``(f) Regional Variation.--Notwithstanding subsection (a)(2), the
Secretary may, if regional variation significantly affects the
deployment of a technology, make guarantees under this title for up to 6
projects that employ the same or similar technology as another project,
provided no more than 2 projects that use the same or a similar
technology are located in the same region of the United States.''.
[[Page 134 STAT. 2606]]
(c) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the
following:
``(c) Administrative and Other Expenses.--There are authorized to be
appropriated--
``(1) $32,000,000 for each of fiscal years 2021 through 2025
to carry out this title; and
``(2) for fiscal year 2021, in addition to amounts
authorized under paragraph (1), $25,000,000, to remain available
until expended, for administrative expenses described in section
1702(h)(1) that are not covered by fees collected pursuant to
section 1702(h).''.
SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting the
following:
``(3) Established program to stimulate competitive
research.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means an institution of higher education
located in an eligible jurisdiction.
``(ii) Eligible jurisdiction.--The term
`eligible jurisdiction' means a State that, as
determined by the Secretary--
``(I)(aa) historically has received
relatively little Federal research and
development funding; and
``(bb) has demonstrated a
commitment--
``(AA) to develop the
research bases in the State; and
``(BB) to improve science
and engineering research and
education programs at
institutions of higher education
in the State; and
``(II) is an eligible jurisdiction
under the criteria used by the Secretary
to make awards under this paragraph on
the day before the date of enactment of
the Energy Act of 2020.
``(iii) EPSCoR.--The term `EPSCoR' means the
Established Program to Stimulate Competitive
Research operated under subparagraph (B).
``(iv) National laboratory.--The term
`National Laboratory' has the meaning given the
term in section 2 of the Energy Policy Act of 2005
(42 U.S.C. 15801).
``(v) State.--The term `State' means--
``(I) a State;
``(II) the District of Columbia;
``(III) the Commonwealth of Puerto
Rico;
``(IV) Guam;
``(V) the United States Virgin
Islands;
``(VI) American Samoa; and
``(VII) the Commonwealth of the
Northern Mariana Islands.
[[Page 134 STAT. 2607]]
``(B) Program operation.--The Secretary shall
operate an Established Program to Stimulate Competitive
Research.
``(C) Objectives.--The objectives of EPSCoR shall
be--
``(i) to increase the number of researchers at
institutions of higher education in eligible
jurisdictions capable of performing nationally
competitive science and engineering research in
support of the mission of the Department of Energy
in the areas of applied energy research,
environmental management, and basic science;
``(ii) to enhance the capabilities of
institutions of higher education in eligible
jurisdictions to develop, plan, and execute
research that is competitive in the peer-review
process; and
``(iii) to increase the probability of long-
term growth of competitive funding to institutions
of higher education in eligible jurisdictions.
``(D) Grants in areas of applied energy research,
environmental management, and basic science.--
``(i) In general.--EPSCoR shall make grants to
eligible entities to carry out and support applied
energy research and research in all areas of
environmental management and basic science
sponsored by the Department of Energy, including--
``(I) energy efficiency, fossil
energy, renewable energy, and other
applied energy research;
``(II) electricity delivery
research;
``(III) cybersecurity, energy
security, and emergency response;
``(IV) environmental management; and
``(V) basic science research.
``(ii) Activities.--EPSCOR may make grants
under this subparagraph for any activities
consistent with the objectives described in
subparagraph (C) in the areas of applied energy
research, environmental management, and basic
science described in clause (i), including--
``(I) to support research at
eligible entities that is carried out in
partnership with the National
Laboratories;
``(II) to provide for graduate
traineeships;
``(III) to support research by early
career faculty; and
``(IV) to improve research
capabilities at eligible entities
through biennial implementation grants.
``(iii) No cost sharing.--EPSCoR shall not
impose any cost-sharing requirement with respect
to a grant made under this subparagraph.
``(E) Other activities.--EPSCoR may carry out such
activities as may be necessary to meet the objectives
described in subparagraph (C) in the areas of applied
energy research, environmental management, and basic
science described in subparagraph (D)(i).
``(F) Program implementation.--
[[Page 134 STAT. 2608]]
``(i) <<NOTE: Deadline. Plan.>> In general.--
Not later than 270 days after the date of
enactment of the Energy Act of 2020, the Secretary
shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate
and the Committees on Energy and Commerce and
Appropriations of the House of Representatives a
plan describing how the Secretary shall implement
EPSCoR.
``(ii) Contents of plan.--The plan described
in clause (i) shall include a description of--
``(I) the management structure of
EPSCoR, which shall ensure that all
research areas and activities described
in this paragraph are incorporated into
EPSCoR;
``(II) efforts to conduct outreach
to inform eligible entities and faculty
of changes to, and opportunities under,
EPSCoR;
``(III) how EPSCoR plans to increase
engagement with eligible entities,
faculty, and State committees, including
by holding regular workshops, to
increase participation in EPSCoR; and
``(IV) any other issues relating to
EPSCoR that the Secretary determines
appropriate.
``(G) Program evaluation.--
``(i) <<NOTE: Deadline. Contracts. Assessment.>>
In general.--Not later than 5 years after the date
of enactment of the Energy Act of 2020, the
Secretary shall contract with a federally funded
research and development center, the National
Academy of Sciences, or a similar organization to
carry out an assessment of the effectiveness of
EPSCoR, including an assessment of--
``(I) the tangible progress made
towards achieving the objectives
described in subparagraph (C);
``(II) the impact of research
supported by EPSCoR on the mission of
the Department of Energy; and
``(III) any other issues relating to
EPSCoR that the Secretary determines
appropriate.
``(ii) Limitation.--The organization with
which the Secretary contracts under clause (i)
shall not be a National Laboratory.
``(iii) <<NOTE: Recommenda- tions.>>
Report.--Not later than 6 years after the date of
enactment of the Energy Act of 2020, the Secretary
shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate
and the Committees on Energy and Commerce and
Appropriations of the House of Representatives a
report describing the results of the assessment
carried out under clause (i), including
recommendations for improvements that would enable
the Secretary to achieve the objectives described
in subparagraph (C).''.
[[Page 134 STAT. 2609]]
TITLE X--ARPA-E AMENDMENTS
SEC. 10001. ARPA-E AMENDMENTS.
(a) Establishment.--Section 5012(b) of the America COMPETES Act (42
U.S.C. 16538(b)) is amended by striking ``development of energy
technologies'' and inserting ``development of transformative science and
technology solutions to address the energy and environmental missions of
the Department''.
(b) Goals.--Section 5012(c) of the America COMPETES Act (42 U.S.C.
16538(c)) is amended--
(1) by striking paragraph (1)(A) and inserting the
following:
``(A) to enhance the economic and energy security of
the United States through the development of energy
technologies that--
``(i) reduce imports of energy from foreign
sources;
``(ii) reduce energy-related emissions,
including greenhouse gases;
``(iii) improve the energy efficiency of all
economic sectors;
``(iv) provide transformative solutions to
improve the management, clean-up, and disposal of
radioactive waste and spent nuclear fuel; and
``(v) improve the resilience, reliability, and
security of infrastructure to produce, deliver,
and store energy; and''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``energy technology projects'' and inserting
``advanced technology projects''.
(c) Responsibilities.--Section 5012(e)(3)(A) of the America COMPETES
Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking ``energy''.
(d) Reports and Roadmaps.--Section 5012(h) of the America COMPETES
Act (42 U.S.C. 16538(h)) is amended to read as follows:
``(h) Reports and Roadmaps.--
``(1) Annual report.--As part of the annual budget request
submitted for each fiscal year, the Director shall provide to
the relevant authorizing and appropriations committees of
Congress a report that--
``(A) describes projects supported by ARPA-E during
the previous fiscal year;
``(B) <<NOTE: Analysis.>> describes projects
supported by ARPA-E during the previous fiscal year that
examine topics and technologies closely related to other
activities funded by the Department, and includes an
analysis of whether in supporting such projects, the
Director is in compliance with subsection (i)(1); and
``(C) describes current, proposed, and planned
projects to be carried out pursuant to subsection
(e)(3)(D).
``(2) <<NOTE: Deadline. Time period.>> Strategic vision
roadmap.--Not later than October 1, 2021, and every four years
thereafter, the Director shall provide to the relevant
authorizing and appropriations committees of Congress a roadmap
describing the strategic vision that ARPA-E will use to guide
the choices of ARPA-E for future technology investments over the
following 4 fiscal years.''.
[[Page 134 STAT. 2610]]
(e) Coordination and Nonduplication.--Section 5012(i)(1) of the
America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended to read as
follows:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated with,
and do not duplicate the efforts of, programs and
laboratories within the Department and other relevant
research agencies; and
``(B) ARPA-E does not provide funding for a project
unless the prospective grantee demonstrates sufficient
attempts to secure private financing or indicates that
the project is not independently commercially viable.''.
(f) Evaluation.--Section 5012(l) of the America COMPETES Act (42
U.S.C. 16538(l)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) <<NOTE: Deadline. Contracts.>> In general.--Not later
than 3 years after the date of enactment of this paragraph, the
Secretary is authorized to enter into a contract with the
National Academy of Sciences under which the National Academy
shall conduct an evaluation of how well ARPA-E is achieving the
goals and mission of ARPA-E.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``shall'' and inserting ``may''; and
(B) in subparagraph (A), by striking ``the
recommendation of the National Academy of Sciences'' and
inserting ``a recommendation''.
(g) Authorization of Appropriations.--Paragraph (2) of section
5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to
read as follows:
``(2) Authorization of appropriations.--Subject to paragraph
(4), there are authorized to be appropriated to the Director for
deposit in the Fund, without fiscal year limitation--
``(A) $435,000,000 for fiscal year 2021;
``(B) $500,000,000 for fiscal year 2022;
``(C) $575,000,000 for fiscal year 2023;
``(D) $662,000,000 for fiscal year 2024; and
``(E) $761,000,000 for fiscal year 2025.''.
(h) Technical Amendments.--Section 5012 of the America COMPETES Act
(42 U.S.C. 16538) is amended--
(1) in subsection (g)(3)(A)(iii), by striking ``subpart''
each place it appears and inserting ``subparagraph''; and
(2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and
inserting ``(c)(2)(C)''.
TITLE XI--OTHER MATTERS
SEC. 11001. LOW-DOSE RADIATION RESEARCH.
(a) Low-dose Radiation Research Program.--Section 306(c) of the
Department of Energy Research and Innovation Act (42 U.S.C. 18644(c)) is
amended to read as follows:
``(c) Low-dose Radiation Research Program.--
``(1) In general.--The Secretary shall carry out a research
program on low-dose and low dose-rate radiation to--
[[Page 134 STAT. 2611]]
``(A) enhance the scientific understanding of, and
reduce uncertainties associated with, the effects of
exposure to low-dose and low dose-rate radiation; and
``(B) inform improved risk-assessment and risk-
management methods with respect to such radiation.
``(2) Program components.--In carrying out the program
required under paragraph (1), the Secretary shall--
``(A) support and carry out the directives under
section 106(b) of the American Innovation and
Competitiveness Act (42 U.S.C. 6601 note), except that
such section shall be treated for purposes of this
subsection as applying to low dose and low-dose rate
radiation research, in coordination with the Physical
Science Subcommittee of the National Science and
Technology Council;
``(B) identify and, to the extent possible,
quantify, potential monetary and health-related impacts
to Federal agencies, the general public, industry,
research communities, and other users of information
produced by such research program;
``(C) leverage the collective body of knowledge from
existing low-dose and low dose-rate radiation research;
``(D) engage with other Federal agencies, research
communities, and potential users of information produced
under this section, including institutions performing or
utilizing radiation research, medical physics,
radiology, health physics, and emergency response
measures; and
``(E) support education and outreach activities to
disseminate information and promote public understanding
of low-dose radiation, with a focus on non-emergency
situations such as medical physics, space exploration,
and naturally occurring radiation.
``(3) <<NOTE: Deadlines.>> Research plan.--
``(A) <<NOTE: Contracts.>> Not later than 90 days
after the date of enactment of the Energy Act of 2020,
the Secretary shall enter into an agreement with the
National Academy of Sciences to develop a long-term
strategic and prioritized research agenda for the
program described in paragraph (2);
``(B) Not later than one year after the date of
enactment of the Energy Act of 2020, the Secretary shall
transmit this research plan developed in subparagraph
(A) to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
``(4) <<NOTE: Reports.>> GAO study.--Not later than 3 years
after the date of enactment of the Energy Act of 2020, the
Comptroller General shall transmit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, a
report on:
``(A) <<NOTE: Evaluation.>> an evaluation of the
program activities carried out under this section;
``(B) the effectiveness of the coordination and
management of the program; and
``(C) the implementation of the research plan
outlined in paragraph (3).
``(6) Definitions.--In this subsection:
``(A) Low-dose radiation.--The term `low-dose
radiation' means a radiation dose of less than 100
millisieverts.
[[Page 134 STAT. 2612]]
``(B) Low dose-rate radiation.--The term `low dose-
rate radiation' means a radiation dose rate of less than
5 millisieverts per hour.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to subject any research carried out by the
Secretary for the program under this subsection to any
limitations described in section 977(e) of the Energy Policy Act
of 2005 (42 U.S.C. 16317(e)).
``(8) Funding.--For purposes of carrying out this
subsection, the Secretary is authorized to make available from
funds provided to the Biological and Environmental Research
Program--
``(A) $20,000,000 for fiscal year 2021;
``(B) $20,000,000 for fiscal year 2022;
``(C) $30,000,000 for fiscal year 2023; and
``(D) $40,000,000 for fiscal year 2024.''.
(b) Space Radiation Research.--Section 306 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18644) is amended by
adding at the end the following:
``(d) Space Radiation Research.--The Secretary of Energy, shall
continue and strengthen collaboration with the Administrator of the
National Aeronautics and Space Administration on basic research to
understand the effects and risks of human exposure to ionizing radiation
in low Earth orbit, and in the space environment.''.
SEC. 11002. AUTHORIZATION.
Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation Control
Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking ``September
30, 2023'' and inserting ``September 30, 2031''.
SEC. 11003. SENSE OF CONGRESS.
It is the sense of Congress that in order to reduce emissions and
meet 100 percent of the power demand in the United States through clean,
renewable, or zero emission energy sources while maintaining United
States leadership in science and technology, the Secretary of Energy
must prioritize funding for critical fundamental research infrastructure
and for basic research and development activities carried out through
the Office of Science.
SEC. 11004. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES AND
OTHER PERSONNEL OF THE FEDERAL ENERGY
REGULATORY COMMISSION.
(a) In General.--Section 401 of the Department of Energy
Organization Act (42 U.S.C. 7171) is amended by adding at the end the
following:
``(k) Addressing Insufficient Compensation of Employees and Other
Personnel of the Commission.--
``(1) <<NOTE: Public information. Certification.>> In
general.--Notwithstanding any other provision of law, if the
Chairman of the Commission publicly certifies that compensation
for a category of employees or other personnel of the Commission
is insufficient to retain or attract employees and other
personnel to allow the Commission to carry out the functions of
the Commission in a timely, efficient, and effective manner, the
Chairman may fix the compensation for the category of employees
or other personnel without regard to chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, or any other
civil service law.
[[Page 134 STAT. 2613]]
``(2) Certification requirements.--A certification issued
under paragraph (1) shall--
``(A) <<NOTE: Applicability.>> apply with respect
to a category of employees or other personnel
responsible for conducting work of a scientific,
technological, engineering, or mathematical nature;
``(B) specify a maximum amount of reasonable
compensation for the category of employees or other
personnel;
``(C) <<NOTE: Time period.>> be valid for a 5-year
period beginning on the date on which the certification
is issued;
``(D) be no broader than necessary to achieve the
objective of retaining or attracting employees and other
personnel to allow the Commission to carry out the
functions of the Commission in a timely, efficient, and
effective manner; and
``(E) include an explanation for why the other
approaches available to the Chairman for retaining and
attracting employees and other personnel are inadequate.
``(3) Renewal.--
``(A) <<NOTE: Deadline. Determination. Time
period.>> In general.--Not later than 90 days before
the date of expiration of a certification issued under
paragraph (1), the Chairman shall determine whether the
certification should be renewed for a subsequent 5-year
period.
``(B) Requirement.--If the Chairman determines that
a certification should be renewed under subparagraph
(A), the Chairman may renew the certification, subject
to the certification requirements under paragraph (2)
that were applicable to the initial certification.
``(4) New hires.--
``(A) In general.--An employee or other personnel
that is a member of a category of employees or other
personnel that would have been covered by a
certification issued under paragraph (1), but was hired
during a period in which the certification has expired
and has not been renewed under paragraph (3) shall not
be eligible for compensation at the level that would
have applied to the employee or other personnel if the
certification had been in effect on the date on which
the employee or other personnel was hired.
``(B) Compensation of new hires on renewal.--On
renewal of a certification under paragraph (3), the
Chairman may fix the compensation of the employees or
other personnel described in subparagraph (A) at the
level established for the category of employees or other
personnel in the certification.
``(5) Retention of level of fixed compensation.--A category
of employees or other personnel, the compensation of which was
fixed by the Chairman in accordance with paragraph (1), may, at
the discretion of the Chairman, have the level of fixed
compensation for the category of employees or other personnel
retained, regardless of whether a certification described under
that paragraph is in effect with respect to the compensation of
the category of employees or other personnel.
``(6) <<NOTE: Determination.>> Consultation required.--The
Chairman shall consult with the Director of the Office of
Personnel Management in implementing this subsection, including
in the determination
[[Page 134 STAT. 2614]]
of the amount of compensation with respect to each category of
employees or other personnel.
``(7) Experts and consultants.--
``(A) In general.--Subject to subparagraph (B), the
Chairman may--
``(i) obtain the services of experts and
consultants in accordance with section 3109 of
title 5, United States Code;
``(ii) compensate those experts and
consultants for each day (including travel time)
at rates not in excess of the rate of pay for
level IV of the Executive Schedule under section
5315 of that title; and
``(iii) pay to the experts and consultants
serving away from the homes or regular places of
business of the experts and consultants travel
expenses and per diem in lieu of subsistence at
rates authorized by sections 5702 and 5703 of that
title for persons in Government service employed
intermittently.
``(B) Limitations.--The Chairman shall--
``(i) to the maximum extent practicable, limit
the use of experts and consultants pursuant to
subparagraph (A); and
``(ii) <<NOTE: Contracts. Time period.>>
ensure that the employment contract of each expert
and consultant employed pursuant to subparagraph
(A) is subject to renewal not less frequently than
annually.''.
(b) <<NOTE: 42 USC 7171 note. Time period.>> Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for 10
years, the Chairman of the Federal Energy Regulatory Commission
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on information relating to
hiring, vacancies, and compensation at the Federal Energy
Regulatory Commission.
(2) Inclusions.--Each report under paragraph (1) shall
include--
(A) <<NOTE: Analysis.>> an analysis of any trends
with respect to hiring, vacancies, and compensation at
the Federal Energy Regulatory Commission; and
(B) a description of the efforts to retain and
attract employees or other personnel responsible for
conducting work of a scientific, technological,
engineering, or mathematical nature at the Federal
Energy Regulatory Commission.
(c) <<NOTE: Effective date. 42 USC 7171 note.>> Applicability.--The
amendment made by subsection (a) shall apply beginning on the date that
is 30 days after the date of enactment of this Act.
SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF ENERGY TO
IMPLEMENT FLEXIBLE COMPENSATION MODELS.
Not later <<NOTE: Examination.>> than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit to Congress
a report examining the full scope of the hiring authority made available
to the Secretary of Energy by the Office of Personnel Management to
implement flexible compensation models, including pay for
[[Page 134 STAT. 2615]]
performance and pay banding, throughout the Department of Energy,
including at the National Laboratories, for the purposes of hiring,
recruiting, and retaining employees responsible for conducting work of a
scientific, technological, engineering, or mathematical nature.
DIVISION AA--WATER <<NOTE: Water Resources Development Act of 2020.>>
RESOURCES DEVELOPMENT ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 2201 note.>> Short Title.--This division may be
cited as the ``Water Resources Development Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--GENERAL PROVISIONS
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor
Maintenance Trust Fund.
Sec. 102. Authorization of appropriations for navigation.
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust
Fund.
Sec. 104. Additional measures at donor ports and energy transfer ports.
Sec. 105. Construction of water resources development projects by non-
Federal interests.
Sec. 106. Coast Guard anchorages.
Sec. 107. State contribution of funds for certain operation and
maintenance costs.
Sec. 108. Great Lakes confined disposal facilities.
Sec. 109. Inland waterway projects.
Sec. 110. Implementation of water resources principles and requirements.
Sec. 111. Resiliency planning assistance.
Sec. 112. Project consultation.
Sec. 113. Review of resiliency assessments.
Sec. 114. Small flood control projects.
Sec. 115. Flood Protection Projects.
Sec. 116. Feasibility studies; review of natural and nature-based
features.
Sec. 117. Federal interest determination.
Sec. 118. Pilot programs on the formulation of Corps of Engineers
projects in rural communities and economically disadvantaged
communities.
Sec. 119. Permanent measures to reduce emergency flood fighting needs
for communities subject to repetitive flooding.
Sec. 120. Emergency response to natural disasters.
Sec. 121. Cost and benefit feasibility assessment.
Sec. 122. Expediting repairs and recovery from flooding.
Sec. 123. Review of Corps of Engineers assets.
Sec. 124. Sense of Congress on multipurpose projects.
Sec. 125. Beneficial use of dredged material; dredged material
management plans.
Sec. 126. Aquatic ecosystem restoration for anadromous fish.
Sec. 127. Annual report to Congress on water resources infrastructure.
Sec. 128. Harmful algal bloom demonstration program.
Sec. 129. Missouri River interception-rearing complex construction.
Sec. 130. Materials, services, and funds for repair, restoration, or
rehabilitation of projects.
Sec. 131. Levee safety.
Sec. 132. National Dam Safety Program.
Sec. 133. Rehabilitation of Corps of Engineers constructed pump
stations.
Sec. 134. Non-Federal Project Implementation Pilot Program.
Sec. 135. Cost sharing provisions for territories and Indian Tribes.
Sec. 136. Review of contracting policies.
Sec. 137. Criteria for funding environmental infrastructure projects.
Sec. 138. Aging infrastructure.
Sec. 139. Uniformity of notification systems.
Sec. 140. Coastal storm damage reduction contracts.
Sec. 141. Dam remediation for ecosystem restoration.
[[Page 134 STAT. 2616]]
Sec. 142. Levee accreditation process; levee certifications.
Sec. 143. Project partnership agreement.
Sec. 144. Acceptance of funds for harbor dredging.
Sec. 145. Replacement capacity.
Sec. 146. Reviewing hydropower at Corps of Engineers facilities.
Sec. 147. Repair and restoration of embankments.
Sec. 148. Coastal mapping.
Sec. 149. Interim risk reduction measures.
Sec. 150. Maintenance dredging permits.
Sec. 151. High water-low water preparedness.
Sec. 152. Treatment of certain benefits and costs.
Sec. 153. Lease deviations.
Sec. 154. Sense of Congress on Arctic deep draft port development.
Sec. 155. Small water storage projects.
Sec. 156. Planning Assistance to States.
Sec. 157. Forecast-informed reservoir operations.
Sec. 158. Data for water allocation, supply, and demand.
Sec. 159. Inland waterways pilot program.
Sec. 160. Definition of economically disadvantaged community.
Sec. 161. Studies of water resources development projects by non-Federal
interests.
Sec. 162. Leveraging Federal infrastructure for increased water supply.
Sec. 163. Sense of Congress on removal of unauthorized, manmade,
flammable materials on Corps property.
Sec. 164. Enhanced development program.
Sec. 165. Continuing authority programs.
TITLE II--STUDIES AND REPORTS
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Expedited completions.
Sec. 203. Expedited modifications of existing feasibility studies.
Sec. 204. Assistance to non-Federal sponsors; feasibility analysis.
Sec. 205. Selma, Alabama.
Sec. 206. Report on Corps of Engineers facilities in Appalachia.
Sec. 207. Additional studies under North Atlantic Coast Comprehensive
Study.
Sec. 208. South Atlantic coastal study.
Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass,
California.
Sec. 210. Lake Okeechobee regulation schedule, Florida.
Sec. 211. Great Lakes coastal resiliency study.
Sec. 212. Report on the status of restoration in the Louisiana coastal
area.
Sec. 213. Lower Mississippi River comprehensive management study.
Sec. 214. Upper Mississippi River Comprehensive Plan.
Sec. 215. Upper Missouri River Basin mainstem dam fish loss research.
Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection.
Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
Hampshire.
Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon.
Sec. 219. Port Orford, Oregon.
Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas.
Sec. 221. Study on water supply and water conservation at water
resources development projects.
Sec. 222. Report to Congress on authorized studies and projects.
Sec. 223. Completion of reports and materials.
Sec. 224. Emergency flooding protection for lakes.
Sec. 225. Report on debris removal.
Sec. 226. Report on antecedent hydrologic conditions.
Sec. 227. Subsurface drain systems research and development.
Sec. 228. Report on corrosion prevention activities.
Sec. 229. Annual reporting on dissemination of information.
Sec. 230. Report on benefits calculation for flood control structures.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Abandoned and inactive noncoal mine restoration.
Sec. 303. Tribal partnership program.
Sec. 304. Lakes program.
Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
Sec. 306. Chesapeake Bay Environmental Restoration and Protection
Program.
Sec. 307. Upper Mississippi River System Environmental Management
Program.
Sec. 308. Upper Mississippi River protection.
Sec. 309. Theodore Ship Channel, Mobile, Alabama.
Sec. 310. McClellan-Kerr Arkansas River Navigation System.
[[Page 134 STAT. 2617]]
Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
Sec. 312. Lake Isabella, California.
Sec. 313. Lower San Joaquin River flood control project.
Sec. 314. Sacramento River, Glenn-Colusa, California.
Sec. 315. San Diego River and Mission Bay, San Diego County, California.
Sec. 316. San Francisco, California, Waterfront Area.
Sec. 317. Western Pacific Interceptor Canal, Sacramento River,
California.
Sec. 318. Rio Grande Environmental Management Program, Colorado, New
Mexico, and Texas.
Sec. 319. New London Harbor Waterfront Channel, Connecticut.
Sec. 320. Wilmington Harbor, Delaware.
Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
Sec. 322. Washington Harbor, District of Columbia.
Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation
Plan, Florida.
Sec. 324. Central Everglades, Florida.
Sec. 325. Miami River, Florida.
Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St.
Johns River Basin, Florida.
Sec. 328. Extinguishment of flowage easements, Rough River Lake,
Kentucky.
Sec. 329. Calcasieu River and Pass, Louisiana.
Sec. 330. Camden Harbor, Maine.
Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
Sec. 332. Baltimore, Maryland.
Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
Sec. 334. Missouri river reservoir sediment management.
Sec. 335. Portsmouth, New Hampshire.
Sec. 336. Rahway flood risk management feasibility study, New Jersey.
Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove,
Rhode Island and Connecticut.
Sec. 341. Harris County, Texas.
Sec. 342. Cap Sante Waterway, Washington.
Sec. 343. Local government reservoir permit review.
Sec. 344. Project modifications for improvement of environment.
Sec. 345. Aquatic ecosystem restoration.
Sec. 346. Surplus water contracts and water storage agreements.
Sec. 347. No wake zones in navigation channels.
Sec. 348. Limitation on contract execution in the Arkansas River Basin.
Sec. 349. Waiver of non-Federal share of damages related to certain
contract claims.
Sec. 350. Reduced pricing for certain water supply storage.
Sec. 351. Flood control and other purposes.
Sec. 352. Additional assistance for critical projects.
Sec. 353. Project modification authorizations.
Sec. 354. Completion of maintenance and repair activities.
Sec. 355. Project reauthorizations.
Sec. 356. Conveyances.
Sec. 357. Lake Eufaula advisory committee.
Sec. 358. Repeal of Missouri River Task Force, North Dakota.
Sec. 359. Repeal of Missouri River Task Force, South Dakota.
Sec. 360. Conforming amendments.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Sec. 402. Special rules.
Sec. 403. Authorization of projects based on feasibility studies
prepared by non-Federal interests.
TITLE V--OTHER MATTERS
Sec. 501. Update on Invasive Species Policy Guidance.
Sec. 502. Aquatic invasive species research.
Sec. 503. Terrestrial noxious weed control pilot program.
Sec. 504. Invasive species risk assessment, prioritization, and
management.
Sec. 505. Invasive species mitigation and reduction.
Sec. 506. Aquatic invasive species prevention.
Sec. 507. Invasive species in alpine lakes pilot program.
Sec. 508. Murder hornet eradication pilot program.
[[Page 134 STAT. 2618]]
Sec. 509. Asian carp prevention and control pilot program.
Sec. 510. Invasive species in noncontiguous States and territories pilot
program.
Sec. 511. Soil moisture and snowpack monitoring.
Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation.
SEC. 2. <<NOTE: 33 USC 2201 note.>> SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of the Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. <<NOTE: 33 USC 2238b-1.>> BUDGETARY TREATMENT EXPANSION
AND ADJUSTMENT FOR THE HARBOR
MAINTENANCE TRUST FUND.
Section 14003 of division B of the CARES Act (Public Law 116-136) is
amended <<NOTE: Ante, p. 526.>> to read as follows:
``Sec. 14003. Any discretionary appropriation for the Corps of
Engineers--
``(1) derived from the Harbor Maintenance Trust Fund, in
this fiscal year and thereafter, not to exceed the sum of--
``(A) the total amount deposited in the Harbor
Maintenance Trust Fund in the fiscal year that is two
years prior to the fiscal year for which the
appropriation is being made; and
``(B)(i) $500,000,000 for fiscal year 2021;
``(ii) $600,000,000 for fiscal year 2022;
``(iii) $700,000,000 for fiscal year 2023;
``(iv) $800,000,000 for fiscal year 2024;
``(v) $900,000,000 for fiscal year 2025;
``(vi) $1,000,000,000 for fiscal year 2026;
``(vii) $1,200,000,000 for fiscal year 2027;
``(viii) $1,300,000,000 for fiscal year 2028;
``(ix) $1,400,000,000 for fiscal year 2029; and
``(x) $1,500,000,000 for fiscal year 2030 and
thereafter; and
``(2) for the Operation and Maintenance account of the Corps
of Engineers which is designated in statute as being to carry
out subsection (c) of section 2106 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c), not to exceed--
``(A) $50,000,000 for fiscal year 2021;
``(B) $50,000,000 for fiscal year 2022;
``(C) $56,000,000 for fiscal year 2023;
``(D) $58,000,000 for fiscal year 2024;
``(E) $60,000,000 for fiscal year 2025;
``(F) $62,000,000 for fiscal year 2026;
``(G) $64,000,000 for fiscal year 2027;
``(H) $66,000,000 for fiscal year 2028;
``(I) $68,000,000 for fiscal year 2029; and
``(J) $70,000,000 for fiscal year 2030;
shall be subtracted from the estimate of discretionary budget authority
and outlays for any estimate of an appropriations Act under the
Congressional Budget and Impoundment Control Act of 1974 or the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.
(a) <<NOTE: 33 USC 2238 note.>> Authorization.--
[[Page 134 STAT. 2619]]
(1) In general.--In carrying out subsection (c) of section
210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238), for each fiscal year, of the funds made available under
such section (including funds appropriated from the Harbor
Maintenance Trust Fund), the Secretary shall, to the extent
practicable, unless otherwise directed in an Act making
appropriations for the Corps of Engineers, make expenditures to
pay for operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2) of such section,
to the extent there are identifiable operations and maintenance
needs, of--
(A) not less than 15 percent of such funds for
emerging harbor projects, including eligible breakwater
and jetty needs at such harbor projects;
(B) not less than 13 percent of such funds for
projects that are located within the Great Lakes
Navigation System;
(C) 12 percent of such funds for expanded uses
carried out at donor ports and energy transfer ports, of
which--
(i) \1/3\ shall be provided to energy transfer
ports; and
(ii) \2/3\ shall be provided to donor ports;
(D) not less than 17 percent of such funds for
projects that are assigned to commercial strategic
seaports; and
(E) any remaining funds for operation and
maintenance costs of any harbor or inland harbor
referred to in such subsection (a)(2) based on an
equitable allocation of such funds among such harbors
and inland harbors, in accordance with subsection (c)(1)
of such section 210.
(2) Definitions.--In this subsection:
(A) Commercial strategic seaport.--The term
``commercial strategic seaport'' means a commercial
harbor supporting the coordination of efficient port
operations during peacetime and national defense
emergencies that is designated as strategic through the
National Port Readiness Network.
(B) Donor port; energy transfer port.--The terms
``donor port'' and ``energy transfer port'' have the
meanings given those terms in section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2238c).
(C) Emerging harbor project; great lakes navigation
system.--The terms ``emerging harbor project'' and
``Great Lakes Navigation System'' have the meanings
given those terms in section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238).
(3) Effective date.--This subsection shall take effect on
October 1, 2022.
(b) Additional Uses.--
(1) Operation and maintenance of harbor projects.--Section
210(c)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(c)(3)) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Allocation.--Notwithstanding''; and
(B) by adding at the end the following:
``(B) Additional uses at emerging harbors.--
``(i) Uses.--In each fiscal year, the
Secretary may use not more than $5,000,000 of
funds allocated for
[[Page 134 STAT. 2620]]
emerging harbor projects under paragraph (1) to
pay for the costs of up to 10 projects for
maintenance dredging of a marina or berthing area,
in an emerging harbor, that includes an area that
is located adjacent to, or is accessible by, a
Federal navigation project, subject to clauses
(ii) and (iii) of this subparagraph.
``(ii) Eligible emerging harbors.--The
Secretary may use funds as authorized under clause
(i) at an emerging harbor that--
``(I) supports commercial
activities, including commercial fishing
operations, commercial fish processing
operations, recreational and sport
fishing, and commercial boat yards; or
``(II) supports activities of the
Secretary of the department in which the
Coast Guard is operating.
``(iii) Cost-sharing requirements.--The
Secretary shall require a non-Federal interest to
contribute not less than 25 percent of the costs
for maintenance dredging of that portion of a
maintenance dredging project described in clause
(i) that is located outside of the Federal
navigation project, which may be provided as an
in-kind contribution, including through the use of
dredge equipment owned by non-Federal interest to
carry out such activities.''.
(2) Assessment of harbors and inland harbors.--Section
210(e)(2)(A)(ii) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting ``uses
described in subsection (c)(3)(B) and'' after ``costs for''.
(3) Definitions.--Section 210(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
(A) by striking paragraph (6);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraph (2) and inserting the
following:
``(2) Emerging harbor.--The term `emerging harbor' means a
harbor or inland harbor referred to in subsection (a)(2) that
transits less than 1,000,000 tons of cargo annually.
``(3) Emerging harbor project.--The term `emerging harbor
project' means a project that is assigned to an emerging
harbor.''; and
(D) in paragraph (4) (as so redesignated), by adding
at the end the following:
``(C) An in-water improvement, if the improvement--
``(i) is for the seismic reinforcement of a
wharf or other berthing structure, or the repair
or replacement of a deteriorating wharf or other
berthing structure, at a port facility;
``(ii) benefits commercial navigation at the
harbor; and
``(iii) is located in, or adjacent to, a berth
that is accessible to a Federal navigation
project.
``(D) An activity to maintain slope stability at a
berth in a harbor that is accessible to a Federal
navigation project if such activity benefits commercial
navigation at the harbor.''.
[[Page 134 STAT. 2621]]
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE
TRUST FUND.
Section 330 of the Water Resources Development Act of 1992 (26
U.S.C. 9505 note; 106 Stat. 4851) is amended--
(1) in subsection (a)--
(A) by striking ``and annually thereafter,'' and
inserting ``and annually thereafter concurrent with the
submission of the President's annual budget request to
Congress,''; and
(B) by striking ``Public Works and Transportation''
and inserting ``Transportation and Infrastructure''; and
(2) in subsection (b)(1) by adding at the end the following:
``(D) A description of the expected expenditures
from the trust fund to meet the needs of navigation for
the fiscal year of the budget request.''.
SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER
PORTS.
(a) Interim Authorization.--Section 2106(f) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c(f)) is amended--
(1) in paragraph (1), by striking ``2020'' and inserting
``2022''; and
(2) by striking paragraph (3).
(b) In General.--
(1) Definitions.--Section 2106(a) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is
amended--
(A) in paragraph (3)(A)--
(i) by amending clause (ii) to read as
follows:
``(ii) at which the total amount of harbor
maintenance taxes collected (including the
estimated taxes related to domestic cargo and
cruise passengers) comprise not less than
$15,000,000 annually of the total funding of the
Harbor Maintenance Trust Fund on an average annual
basis for the previous 3 fiscal years;'';
(ii) in clause (iii)--
(I) by inserting ``(including the
estimated taxes related to domestic
cargo and cruise passengers)'' after
``taxes collected''; and
(II) by striking ``5 fiscal years''
and inserting ``3 fiscal years''; and
(iii) in clause (iv), by striking ``in fiscal
year 2012'' and inserting ``on an average annual
basis for the previous 3 fiscal years'';
(B) in paragraph (5)(B), by striking ``in fiscal
year 2012'' each place it appears and inserting ``on an
average annual basis for the previous 3 fiscal years'';
(C) by redesignating paragraph (8) as paragraph (9)
and inserting after paragraph (7) the following:
``(8) Harbor maintenance trust fund.--The term `Harbor
Maintenance Trust Fund' means the Harbor Maintenance Trust Fund
established by section 9505 of the Internal Revenue Code of
1986.''; and
(D) in paragraph (9), as so redesignated--
[[Page 134 STAT. 2622]]
(i) by amending subparagraph (B) to read as
follows:
``(B) at which the total amount of harbor
maintenance taxes collected (including the estimated
taxes related to domestic cargo and cruise passengers)
comprise annually more than $5,000,000 but less than
$15,000,000 of the total funding of the Harbor
Maintenance Trust Fund on an average annual basis for
the previous 3 fiscal years;'';
(ii) in subparagraph (C)--
(I) by inserting ``(including the
estimated taxes related to domestic
cargo and cruise passengers)'' after
``taxes collected''; and
(II) by striking ``5 fiscal years''
and inserting ``3 fiscal years''; and
(iii) in subparagraph (D), by striking ``in
fiscal year 2012'' and inserting ``on an average
annual basis for the previous 3 fiscal years''.
(2) Report to congress; authorization of appropriations.--
Section 2106 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2238c) is amended--
(A) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively; and
(B) in subsection (e), as so redesignated, by
amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $56,000,000 for fiscal year 2023;
``(B) $58,000,000 for fiscal year 2024;
``(C) $60,000,000 for fiscal year 2025;
``(D) $62,000,000 for fiscal year 2026;
``(E) $64,000,000 for fiscal year 2027;
``(F) $66,000,000 for fiscal year 2028;
``(G) $68,000,000 for fiscal year 2029; and
``(H) $70,000,000 for fiscal year 2030.''.
(3) <<NOTE: 33 USC 2238c note.>> Effective date.--The
amendments made by this subsection shall take effect on October
1, 2022.
SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
(a) Studies and Engineering.--Section 204(c)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is amended by
striking ``under subsection (b)'' and inserting ``under this section''.
(b) Assumption of Maintenance of a Locally Preferred Plan.--Section
204(f) of the Water Resources Development Act of 1986 (33 U.S.C.
2232(f)) is amended to read as follows:
``(f) Operation and Maintenance.--
``(1) Assumption of maintenance.--Whenever a non-Federal
interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible for
operation and maintenance in accordance with section 101(b) if--
``(A) before construction of the improvements--
``(i) <<NOTE: Determination.>> the Secretary
determines that the improvements are feasible and
consistent with the purposes of this title; and
[[Page 134 STAT. 2623]]
``(ii) <<NOTE: Contracts.>> the Secretary and
the non-Federal interest execute a written
agreement relating to operation and maintenance of
the improvements;
``(B) <<NOTE: Certification.>> the Secretary
certifies that the project or separable element of the
project is constructed in accordance with applicable
permits and appropriate engineering and design
standards; and
``(C) the Secretary does not find that the project
or separable element is no longer feasible.
``(2) Federal financial participation in the costs of a
locally preferred plan.--In the case <<NOTE: Determination.>>
of improvements determined by the Secretary pursuant to
paragraph (1)(A)(i) to deviate from the national economic
development plan, the Secretary shall be responsible for all
operation and maintenance costs of such improvements, as
described in section 101(b), including costs in excess of the
costs of the national economic development plan, if the
Secretary determines that the improvements satisfy the
requirements of paragraph (1).''.
(c) <<NOTE: Determination. 33 USC 2232 note.>> Report.--A non-
Federal interest may submit to the Secretary a report on improvements to
a federally authorized harbor or inland harbor to be carried out by the
non-Federal interest, containing any information necessary for the
Secretary determine whether the improvements satisfy the requirements of
section 204(f)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2232), including--
(1) the economic justification for the improvements;
(2) details of the project improvement plan and design;
(3) proposed arrangements for the work to be performed; and
(4) documents relating to any applicable permits required
for the project improvements.
(d) <<NOTE: 33 USC 2232 note.>> Project Studies Subject to
Independent Peer Review.--The Secretary shall not be required to subject
a project study for a project with a cost of less than $200,000,000,
which the Secretary determines satisfies the requirements of section
204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C.
2232), to independent peer review under section 2034(a)(3)(A)(i) of the
Water Resources Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).
SEC. 106. <<NOTE: 33 USC 635.>> COAST GUARD ANCHORAGES.
The Secretary may perform dredging at Federal expense within and
adjacent to anchorages established by the Coast Guard pursuant to
existing authorities.
SEC. 107. <<NOTE: 33 USC 701h-3.>> STATE CONTRIBUTION OF FUNDS
FOR CERTAIN OPERATION AND MAINTENANCE
COSTS.
In carrying out eligible operations and maintenance activities
within the Great Lakes Navigation System pursuant to section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238) in a State that
has implemented any additional State limitation on the disposal of
dredged material in the open waters of such State, the Secretary may,
pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C. 701h),
receive from such State, and expend, such funds as may be contributed by
the State to cover the additional costs for operations and maintenance
activities for a harbor or inland harbor within such State that result
from such limitation.
[[Page 134 STAT. 2624]]
SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Mitigation.--The Secretary may relocate access to the Port of
Cleveland confined disposal facility, owned or operated by a non-Federal
interest, in which material dredged by the Corps of Engineers is placed.
(b) Cost-Share.--The cost to relocate access to the confined
disposal facility described in subsection (a) shall be shared in
accordance with the cost share applicable to operation and maintenance
of the Federal navigation project from which material placed in the
confined disposal facility is dredged.
(c) Termination.--The authority provided under this section shall
terminate on December 31, 2024.
SEC. 109. <<NOTE: 33 USC 2212 note.>> INLAND WATERWAY PROJECTS.
Notwithstanding section 102 of the Water Resources Development Act
of 1986 (33 U.S.C. 2212), for a project for navigation on the inland
waterways receiving a construction appropriation during any of fiscal
years 2021 through 2031, 35 percent of the costs of construction of the
project shall be paid from amounts appropriated from the Inland
Waterways Trust Fund until such construction of the project is complete.
SEC. 110. <<NOTE: 42 USC 1962-4.>> IMPLEMENTATION OF WATER
RESOURCES PRINCIPLES AND REQUIREMENTS.
(a) <<NOTE: Deadline. Procedures. Guidelines.>> In General.--Not
later than 180 days after the date of enactment of this Act, the
Secretary shall issue final agency-specific procedures necessary to
implement the principles and requirements and the interagency
guidelines.
(b) Development of Future Water Resources Development Projects.--The
procedures required by subsection (a) shall ensure that the Secretary,
in the formulation of future water resources development projects--
(1) develops such projects in accordance with--
(A) the guiding principles established by the
principles and requirements; and
(B) the national water resources planning policy
established by section 2031(a) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962-3(a)); and
(2) <<NOTE: Analysis.>> fully identifies and analyzes
national economic development benefits, regional economic
development benefits, environmental quality benefits, and other
societal effects.
(c) <<NOTE: Time period.>> Review and Update.--Every 5 years, the
Secretary shall review and, where appropriate, revise the procedures
required by subsection (a).
(d) Public Review, Notice, and Comment.--In issuing, reviewing, and
revising the procedures required by this section, the Secretary shall--
(1) provide notice to interested non-Federal stakeholders of
the Secretary's intent to revise the procedures;
(2) provide opportunities for interested non-Federal
stakeholders to engage with, and provide input and
recommendations to, the Secretary on the revision of the
procedures; and
(3) solicit and consider public and expert comments.
(e) Definitions.--In this section:
(1) Interagency guidelines.--The term ``interagency
guidelines'' means the interagency guidelines contained in the
document finalized by the Council on Environmental Quality
[[Page 134 STAT. 2625]]
pursuant to section 2031 of the Water Resources Development Act
of 2007 (42 U.S.C. 1962-3) in December 2014, to implement the
principles and requirements.
(2) Principles and requirements.--The term ``principles and
requirements'' means the principles and requirements contained
in the document prepared by the Council on Environmental Quality
pursuant to section 2031 of the Water Resources Development Act
of 2007 (42 U.S.C. 1962-3), entitled ``Principles and
Requirements for Federal Investments in Water Resources'', and
dated March 2013.
SEC. 111. RESILIENCY PLANNING ASSISTANCE.
(a) In General.--Section 206(a) of the Flood Control Act of 1960 (33
U.S.C. 709a(a)) is amended by inserting ``, to avoid repetitive flooding
impacts, to anticipate, prepare, and adapt to changing climatic
conditions and extreme weather events, and to withstand, respond to, and
recover rapidly from disruption due to the flood hazards'' after ``in
planning to ameliorate the flood hazard''.
(b) <<NOTE: 33 USC 709a note.>> Prioritizing Flood Risk Resiliency
Technical Assistance.--In carrying out section 206 of the Flood Control
Act of 1960 (33 U.S.C. 709a), the Secretary shall prioritize the
provision of technical assistance to support flood risk resiliency
planning efforts of economically disadvantaged communities or
communities subject to repetitive flooding.
SEC. 112. <<NOTE: 33 USC 2356.>> PROJECT CONSULTATION.
(a) Reports Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit the following reports:
(1) The report required under section 1214 of the Water
Resources Development Act of 2018 (132 Stat. 3809).
(2) The report required under section 1120(a)(3) of the
Water Resources Development Act of 2016 (130 Stat. 1643).
(b) Environmental Justice Updates.--
(1) <<NOTE: Compliance.>> In general.--In the formulation
of water development resources projects, the Secretary shall
comply with any existing Executive order regarding environmental
justice in effect as of the date of enactment of this Act to
address any disproportionate and adverse human health or
environmental effects on minority communities, low-income
communities, and Indian Tribes.
(2) <<NOTE: Deadline. Review. Regulations.>> Update.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall review, and shall update, where appropriate, any
policies, regulations, and guidance of the Corps of Engineers
necessary to implement any Executive order described in
paragraph (1) with respect to water resources development
projects.
(3) Requirements.--In updating the policies, regulations, or
guidance under paragraph (2), the Secretary shall--
(A) <<NOTE: Notice.>> provide notice to interested
non-Federal stakeholders, including representatives of
minority communities, low-income communities, and Indian
Tribes;
(B) provide opportunities for interested
stakeholders to comment on potential updates of
policies, regulations, or guidance;
(C) <<NOTE: Recommenda- tions.>> consider the
recommendations from the reports submitted under
subsection (a); and
[[Page 134 STAT. 2626]]
(D) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes.
(c) Community Engagement.--In carrying out a water resources
development project, the Secretary shall, to the extent practicable--
(1) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes;
(2) provide guidance and technical assistance to such
communities or Tribes to increase understanding of the project
development and implementation activities, regulations, and
policies of the Corps of Engineers; and
(3) cooperate with State, Tribal, and local governments with
respect to activities carried out pursuant to this subsection.
(d) Tribal Lands and Consultation.--In carrying out water resources
development projects, the Secretary shall, to the extent practicable and
in accordance with the Tribal Consultation Policy affirmed and
formalized by the Secretary on November 1, 2012 (or a successor
policy)--
(1) promote meaningful involvement with Indian Tribes
specifically on any Tribal lands near or adjacent to any water
resources development projects, for purposes of identifying
lands of ancestral, cultural, or religious importance;
(2) consult with Indian Tribes specifically on any Tribal
areas near or adjacent to any water resources development
projects, for purposes of identifying lands, waters, and other
resources critical to the livelihood of the Indian Tribes; and
(3) cooperate with Indian Tribes to avoid, or otherwise find
alternate solutions with respect to, such areas.
SEC. 113. <<NOTE: 33 USC 2282f.>> REVIEW OF RESILIENCY
ASSESSMENTS.
(a) Resiliency Assessment.--
(1) <<NOTE: Deadline. Regulations.>> In general.--Not later
than 180 days after the date of enactment of this section, and
in conjunction with the development of procedures under section
110 of this Act, the Secretary is directed to review, and where
appropriate, revise the existing planning guidance documents and
regulations of the Corps of Engineers on the assessment of the
effects of sea level rise or inland flooding on future water
resources development projects to ensure that such guidance
documents and regulations are based on the best available, peer-
reviewed science and data on the current and future effects of
sea level rise or inland flooding on relevant communities.
(2) Coordination.--In carrying out this subsection, the
Secretary shall--
(A) coordinate the review with the Engineer Research
and Development Center, other Federal and State
agencies, and other relevant entities; and
(B) to the maximum extent practicable and where
appropriate, utilize data provided to the Secretary by
such agencies.
(b) Assessment of Benefits From Addressing Sea Level Rise and Inland
Flooding Resiliency in Feasibility Reports.--
(1) In general.--Upon the request of a non-Federal interest,
in carrying out a feasibility study for a project for flood risk
mitigation, hurricane and storm damage risk reduction, or
ecosystem restoration under section 905 of the Water
[[Page 134 STAT. 2627]]
Resources Development Act of 1986 (33 U.S.C. 2282), the
Secretary shall consider whether the need for the project is
predicated upon or exacerbated by conditions related to sea
level rise or inland flooding.
(2) <<NOTE: Time period.>> Addressing sea level rise and
inland flooding resiliency benefits.--To the maximum extent
practicable, in carrying out a study pursuant to paragraph (1),
the Secretary shall document the potential effects of sea level
rise or inland flooding on the project, and the expected
benefits of the project relating to sea level rise or inland
flooding, during the 50-year period after the date of completion
of the project.
SEC. 114. SMALL FLOOD CONTROL PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended by inserting ``, and projects that use natural features or
nature-based features (as those terms are defined in section 1184(a) of
the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))),''
after ``nonstructural projects''.
SEC. 115. FLOOD PROTECTION PROJECTS.
(a) General Considerations.--Section 73(a) of the Water Resources
Development Act of 1974 (33 U.S.C. 701b-11(a)) is amended by striking
``including'' and all that follows through the period at the end and
inserting the following: ``, with a view toward formulating the most
economically, socially, and environmentally acceptable means of reducing
or preventing flood damage, including--
``(1) floodproofing of structures, including through
elevation;
``(2) floodplain regulation;
``(3) acquisition of floodplain land for recreational, fish
and wildlife, and other public purposes;
``(4) relocation; and
``(5) the use of a feature described in section 1184(a) of
the Water Infrastructure Improvements for the Nation Act (33
U.S.C. 2289a(a)).''.
(b) Conforming Amendment.--Section 103(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213) is amended--
(1) in the subsection heading, by striking ``Nonstructural
Flood Control Projects'' and inserting ``Projects Using
Nonstructural, Natural, or Nature-Based Features''; and
(2) in paragraph (1)--
(A) by striking ``nonstructural flood control
measures'' and inserting ``a flood risk management or
hurricane and storm damage risk reduction measure using
a nonstructural feature, or a natural feature or nature-
based feature (as those terms are defined in section
1184(a) of the Water Resources Development Act of 2016
(33 U.S.C. 2289a(a))),''; and
(B) by striking ``cash during construction of the
project'' and inserting ``cash during construction for a
nonstructural feature if the costs of land, easements,
rights-of-way, dredged material disposal areas, and
relocations for such feature are estimated to exceed 35
percent''.
SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-BASED
FEATURES.
(a) Technical Correction.--Section 1149(c) of the Water Resources
Development Act of 2018 (33 U.S.C. 2282 note; 132
[[Page 134 STAT. 2628]]
Stat. 3787) is amended by striking ``natural infrastructure
alternatives'' and inserting ``natural feature or nature-based feature
alternatives (as such terms are defined in section 1184 of the Water
Resources Development Act of 2016 (32 U.S.C. 2289a))''.
(b) <<NOTE: 33 USC 2282 note.>> Summary of Analysis.--To the
maximum extent practicable, the Secretary shall include in each
feasibility report developed under section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) for a project that contains a
flood risk management or hurricane and storm damage risk reduction
element, a summary of the natural feature or nature-based feature
alternatives, along with their long-term costs and benefits, that were
evaluated in the development of the feasibility report, and, if such
alternatives were not included in the recommended plan, an explanation
of why such alternatives were not included in the recommended plan.
SEC. 117. FEDERAL INTEREST DETERMINATION.
Section 905 of the Water Resources Development Act of 1986 (33
U.S.C. 2282) is amended by inserting after subsection (a) the following:
``(b) <<NOTE: Study.>> Federal Interest Determination.--
``(1) In general.--
``(A) Economically disadvantaged communities.--In
preparing a feasibility report under subsection (a) for
a study that will benefit an economically disadvantaged
community, upon request by the non-Federal interest for
the study, the Secretary shall first determine the
Federal interest in carrying out the study and the
projects that may be proposed in the study.
``(B) Other communities.--
``(i) Authorization.--In preparing a
feasibility report under subsection (a) for a
study that will benefit a covered community, upon
request by the non-Federal interest for the study,
the Secretary may, with respect to not more than 3
studies in each fiscal year, first determine the
Federal interest in carrying out the study and the
projects that may be proposed in the study.
``(ii) <<NOTE: Definition.>> Covered
communities.--In this subparagraph, the term
`covered community' means a community that--
``(I) is not an economically
disadvantaged community; and
``(II) the Secretary finds has a
compelling need for the Secretary to
make a determination under clause (i).
``(2) Cost share.--The costs of a determination under
paragraph (1)--
``(A) shall be at Federal expense; and
``(B) shall not exceed $200,000.
``(3) Deadline.--A determination under paragraph (1) shall
be completed by not later than 120 days after the date on which
funds are made available to the Secretary to carry out the
determination.
``(4) Treatment.--
``(A) Timing.--The period during which a
determination is being completed under paragraph (1) for
a study shall
[[Page 134 STAT. 2629]]
not be included for purposes of the deadline to complete
a final feasibility report under section 1001(a)(1) of
the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282c(a)(1)).
``(B) Cost.--The cost of a determination under
paragraph (1) shall not be included for purposes of the
maximum Federal cost under section 1001(a)(2) of the
Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282c(a)(2)).
``(5) <<NOTE: Recommenda- tions.>> Report to non-federal
interest.--If, based on a determination under paragraph (1), the
Secretary determines that a study or project is not in the
Federal interest because the project will not result, or is
unlikely to result, in a recommended plan that will produce
national economic development benefits greater than cost, but
may result in a technically sound and environmentally acceptable
plan that is otherwise consistent with section 904 of the Water
Resources Development Act of 1986 (33 U.S.C. 2281), the
Secretary shall issue a report to the non-Federal interest with
recommendations on how the non-Federal interest might modify the
proposal such that the project could be in the Federal interest
and feasible.''.
SEC. 118. <<NOTE: 33 USC 2201 note.>> PILOT PROGRAMS ON THE
FORMULATION OF CORPS OF ENGINEERS
PROJECTS IN RURAL COMMUNITIES AND
ECONOMICALLY DISADVANTAGED COMMUNITIES.
(a) <<NOTE: Evaluation.>> In General.--The Secretary shall
establish and implement pilot programs, in accordance with this section,
to evaluate opportunities to address the flood risk management and
hurricane and storm damage risk reduction needs of rural communities and
economically disadvantaged communities.
(b) Economically Disadvantaged Community Flood Protection and
Hurricane and Storm Damage Reduction Study Pilot Program.--
(1) <<NOTE: Deadline. Coordination.>> In general.--Not
later than 180 days after the date of enactment of this Act, the
Secretary shall establish and implement a pilot program to carry
out feasibility studies, in accordance with this subsection, for
flood risk management and hurricane and storm damage risk
reduction projects for economically disadvantaged communities,
in coordination with non-Federal interests.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) <<NOTE: Notice. Federal Register,
publication.>> publish a notice in the Federal Register
that requests from non-Federal interests proposals for
the potential feasibility study of a flood risk
management project or hurricane and storm damage risk
reduction project for an economically disadvantaged
community;
(B) <<NOTE: Proposal.>> upon request of a non-
Federal interest for such a project, provide technical
assistance to such non-Federal interest in the
formulation of a proposal for a potential feasibility
study to be submitted to the Secretary under the pilot
program; and
(C) <<NOTE: Review. Studies. Coordination.>> review
such proposals and select 10 feasibility studies for
such projects to be carried out by the Secretary, in
coordination with the non-Federal interest, under this
pilot program.
[[Page 134 STAT. 2630]]
(3) Selection criteria.--In selecting a feasibility study
under paragraph (2)(C), the Secretary shall consider whether--
(A) the percentage of people living in poverty in
the county or counties (or county-equivalent entity or
entities) in which the project is located is greater
than the percentage of people living in poverty in the
State, based on census bureau data;
(B) the percentage of families with income above the
poverty threshold but below the average household income
in the county or counties (or county-equivalent entity
or entities) in which the project is located is greater
than such percentage for the State, based on census
bureau data;
(C) the percentage of the population that identifies
as belonging to a minority or indigenous group in the
county or counties (or county-equivalent entity or
entities) in which the project is located is greater
than the average such percentage in the State, based on
census bureau data; and
(D) the project is addressing flooding or hurricane
or storm damage effects that have a disproportionate
impact on a rural community, a minority community, or an
Indian Tribe.
(4) Administration.--Notwithstanding the requirements of
section 105(a)(1)(A) of the Water Resources Development Act of
1986 (33 U.S.C. 2215), the Federal share of the cost of a
feasibility study carried out under the pilot program shall be
100 percent.
(5) Study requirements.--Feasibility studies carried out
under this subsection shall, to the maximum extent practicable,
incorporate natural features or nature-based features (as such
terms are defined in section 1184 of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a)), or a combination of
such features and nonstructural features, that avoid or reduce
at least 50 percent of flood or storm damages in one or more of
the alternatives included in the final alternatives evaluated.
(6) Notification.--The Secretary shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the selection of each feasibility study
under the pilot program.
(7) <<NOTE: Reports.>> Completion.--Upon completion of a
feasibility report for a feasibility study selected to be
carried out under this subsection, the Secretary shall transmit
the report to Congress for authorization, and shall include the
report in the next annual report submitted under section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d).
(c) Pilot Program for the Recommendation of Flood Protection and
Hurricane and Storm Damage Reduction Projects in Rural Communities and
Economically Disadvantaged Communities.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall establish and
[[Page 134 STAT. 2631]]
implement a pilot program to evaluate, and make recommendations
to Congress on, flood risk management projects and hurricane and
storm damage risk reduction projects in rural communities or
economically disadvantaged communities, without demonstrating
that each project is justified solely by national economic
development benefits.
(2) <<NOTE: Determination.>> Considerations.--In carrying
out this subsection, the Secretary may make a recommendation to
Congress on up to 10 projects, without demonstrating that the
project is justified solely by national economic development
benefits, if the Secretary determines that--
(A) the community to be served by the project is an
economically disadvantaged community or a rural
community;
(B) the long-term life safety, economic viability,
and environmental sustainability of the community would
be threatened without the project; and
(C) the project is consistent with the requirements
of section 1 of the Flood Control Act of 1936 (33 U.S.C.
701a).
(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that project recommendations are
consistent with the principles and requirements and the
interagency guidelines, as such terms are defined in section 110
of this Act, including the consideration of quantifiable
monetary and nonmonetary benefits of the project.
(4) Prioritization.--The Secretary may give equivalent
budgetary consideration and priority to projects recommended
under this subsection.
(d) Geographic Diversity.--In selecting feasibility studies under
subsection (b)(2)(C) or in making project recommendations under
subsection (c), the Secretary shall consider the geographic diversity
among proposed projects.
(e) <<NOTE: Public information.>> Report.--Not later than 5 years
and 10 years after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available, a report detailing the
results of the pilot programs carried out under this section,
including--
(1) a description of proposals received from non-Federal
interests pursuant to subsection (b)(2)(A);
(2) a description of technical assistance provided to non-
Federal interests under subsection (b)(2)(B);
(3) a description of proposals selected under subsection
(b)(2)(C) and criteria used to select such proposals;
(4) a description of the projects evaluated or recommended
by the Secretary under subsection (c);
(5) a description of the quantifiable monetary and
nonmonetary benefits associated with the projects recommended
under subsection (c); and
(6) <<NOTE: Recommenda- tions.>> any recommendations to
Congress on how the Secretary can address the flood risk
management and hurricane and storm damage risk reduction needs
of economically disadvantaged communities.
(f) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, and each
[[Page 134 STAT. 2632]]
of the commonwealths, territories, and possessions of the United States.
(g) Sunset.--The authority to commence a feasibility study under
subsection (b), and the authority make a recommendation under subsection
(c), shall terminate on the date that is 10 years after the date of
enactment of this Act.
SEC. 119. <<NOTE: 33 USC 701n-3.>> PERMANENT MEASURES TO REDUCE
EMERGENCY FLOOD FIGHTING NEEDS FOR
COMMUNITIES SUBJECT TO
REPETITIVE FLOODING.
(a) Definitions.--In this section:
(1) Affected community.--The term ``affected community''
means a legally constituted public body (as that term is used in
section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(b))--
(A) with jurisdiction over an area that has been
subject to flooding in two or more events in any 10-year
period; and
(B) that has received emergency flood-fighting
assistance, including construction of temporary barriers
by the Secretary, under section 5 of the Act of August
18, 1941 (33 U.S.C. 701n) with respect to such flood
events.
(2) Natural feature; nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given those terms in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a).
(b) Program.--
(1) <<NOTE: Study.>> In general.--The Secretary is
authorized to carry out a program to study, design, and
construct water resources development projects through measures
involving, among other things, strengthening, raising,
extending, realigning, or otherwise modifying existing flood
control works, designing new works, and incorporating natural
features, nature-based features, or nonstructural features, as
appropriate to provide flood and coastal storm risk management
to affected communities.
(2) <<NOTE: Review.>> Considerations.--In carrying out
paragraph (1), the Secretary shall, to the maximum extent
practical, review and, where appropriate, incorporate natural
features or nature-based features, or a combination of such
features and nonstructural features, that avoid or reduce at
least 50 percent of flood or storm damages in one or more of the
alternatives included in the final alternatives evaluated.
(3) Construction.--
(A) In general.--The Secretary may carry out a
project described in paragraph (1) without further
congressional authorization if--
(i) <<NOTE: Determination.>> the Secretary
determines that the project--
(I) is advisable to reduce the risk
of flooding for an affected community;
and
(II) produces benefits that are in
excess of the estimated costs; and
(ii) the Federal share of the cost of the
construction does not exceed $17,500,000.
(B) <<NOTE: Recommenda- tions.>> Specific
authorization.--If the Federal share of the cost of a
project described in paragraph (1) exceeds $17,500,000,
the Secretary shall submit the project recommendation to
Congress for authorization prior to
[[Page 134 STAT. 2633]]
construction, and shall include the project
recommendation in the next annual report submitted under
section 7001 of the Water Resources Reform and
Development Act of 2014.
(C) Financing.--
(i) <<NOTE: Determination.>> Contributions.--
If, based on a study carried out pursuant to
paragraph (1), the Secretary determines that a
project described in paragraph (1) will not
produce benefits greater than cost, the Secretary
shall allow the affected community to pay, or
provide contributions equal to, an amount
sufficient to make the remaining costs of design
and construction of the project equal to the
estimated value of the benefits of the project.
(ii) Effect on non-federal share.--Amounts
provided by an affected community under clause (i)
shall be in addition to any payments or
contributions the affected community is required
to provide toward the remaining costs of design
and construction of the project under section 103
of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
(4) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a
project entered into pursuant to this section shall be
subject to the ability of the affected community to pay.
(B) <<NOTE: Procedures.>> Determination.--The
ability of any affected community to pay shall be
determined by the Secretary in accordance with
procedures established by the Secretary.
(C) Effect of reduction.--Any reduction in the non-
Federal share of the cost of a project described in
paragraph (1) as a result of a determination under this
paragraph shall not be included in the Federal share for
purposes of subparagraphs (A) and (B) of paragraph (3).
SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.
Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(B)--
(i) in clause (i)(I), by inserting ``, or
provide contributions equal to,'' after ``pay'';
and
(ii) in clause (ii)--
(I) in the heading, by inserting
``and contributions'' after ``of
payments'';
(II) by inserting ``or
contributions'' after ``Non-Federal
payments''; and
(III) by inserting ``or
contributions'' after ``non-Federal
payments''; and
(B) by adding at the end the following:
``(5) Feasibility study.--
``(A) <<NOTE: Deadline.>> Determination.--Not later
than 180 days after receiving, from a non-Federal
sponsor of a project to repair or rehabilitate a flood
control work described in paragraph (1), a request to
initiate a feasibility study to further modify the
relevant flood control work to provide for an increased
level of protection, the Secretary shall provide to the
non-
[[Page 134 STAT. 2634]]
Federal sponsor a written decision on whether the
Secretary has the authority under section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a) to undertake
the requested feasibility study.
``(B) Recommendation.--If the Secretary determines
under subparagraph (B) that the Secretary does not have
the authority to undertake the requested feasibility
study, the Secretary shall include the request for a
feasibility study in the annual report submitted under
section 7001 of the Water Resources Reform and
Development Act of 2014.''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Levee
Owners Manual'' and inserting ``Eligibility'';
(B) in paragraph (1), in the heading, by striking
``In general'' and inserting ``Levee owner's manual'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively, and inserting
after paragraph (1) the following:
``(2) Compliance.--
``(A) In general.--Notwithstanding the status of
compliance of a non-Federal interest with the
requirements of a levee owner's manual described in
paragraph (1), or with any other eligibility requirement
established by the Secretary related to the maintenance
and upkeep responsibilities of the non-Federal interest,
the Secretary shall consider the non-Federal interest to
be eligible for repair and rehabilitation assistance
under this section if the non-Federal interest--
``(i) <<NOTE: Contracts.>> enters into a
written agreement with the Secretary that
identifies any items of deferred or inadequate
maintenance and upkeep identified by the Secretary
prior to the natural disaster; and
``(ii) pays, during performance of the repair
and rehabilitation work, all costs to address--
``(I) any items of deferred or
inadequate maintenance and upkeep
identified by the Secretary; and
``(II) any repair or rehabilitation
work necessary to address damage the
Secretary attributes to such deferred or
inadequate maintenance or upkeep.
``(B) Eligibility.--The Secretary may only enter
into one agreement under subparagraph (A) with any non-
Federal interest.
``(C) Sunset.--The authority of the Secretary to
enter into agreements under paragraph (2) shall
terminate on the date that is 5 years after the date of
enactment of this paragraph.''; and
(D) in paragraph (3) (as so redesignated), by
striking ``this subsection'' and inserting ``paragraph
(1)''.
SEC. 121. <<NOTE: 33 USC 701n note.>> COST AND BENEFIT
FEASIBILITY ASSESSMENT.
Section 1161(b) of the Water Resources Development Act of 2018 (33
U.S.C. 701n note) is amended--
(1) in the matter preceding paragraph (1)--
[[Page 134 STAT. 2635]]
(A) by striking the ``three fiscal years preceding''
and inserting ``five fiscal years preceding''; and
(B) by striking ``last day of the third fiscal
year'' and inserting ``last day of the fifth fiscal
year'';
(2) in paragraph (1), by inserting ``, or provide
contributions equal to,'' before ``an amount sufficient''; and
(3) by striking paragraph (2) and inserting the following:
``(2) the Secretary determines that the damage to the
structure was not as a result of negligent operation or
maintenance.''.
SEC. 122. <<NOTE: 33 USC 403 note.>> EXPEDITING REPAIRS AND
RECOVERY FROM FLOODING.
(a) <<NOTE: Time periods. Effective date.>> In General.--To the
maximum extent practicable, during the 5-year period beginning on the
date of enactment of this Act, the Secretary shall prioritize and
expedite the processing of applications for permits under section 10 of
the Act of March 3, 1899 (33 U.S.C. 403), and section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344), and permissions under
section 14 of the Act of March 3, 1899 (33 U.S.C. 408), to complete
repairs, reconstruction (including improvements), and upgrades to flood
control infrastructure damaged by flooding events during calendar years
2017 through 2020, including flooding events caused by ice jams.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the requirements of any Federal law,
including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.
Section 6002 of the Water Resources Reform and Development Act of
2014 (128 Stat. 1349) is amended to read as follows:
``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
``(a) Assessment.--The Secretary shall conduct an assessment of
projects constructed by the Secretary for which the Secretary continues
to have financial or operational responsibility.
``(b) <<NOTE: Deadline.>> Inventory.--Not later than 18 months
after the date of enactment of the Water Resources Development Act of
2020, the Secretary shall, based on the assessment carried out under
subsection (a), develop an inventory of projects or portions of
projects--
``(1) that are not needed for the missions of the Corps of
Engineers;
``(2) the modification of which, including though the use of
structural features, nonstructural features, or natural features
or nature-based features (as those terms are defined in section
1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a)), could improve the sustainable operations of
the project, or reduce operation and maintenance costs for the
project; or
``(3) that are no longer having project purposes adequately
met by the Corps of Engineers, because of deferment of
maintenance or other challenges, and the divestment of which to
a non-Federal entity could better meet the local and regional
needs for operation and maintenance.
[[Page 134 STAT. 2636]]
``(c) Criteria.--In conducting the assessment under subsection (a)
and developing the inventory under subsection (b), the Secretary shall
use the following criteria:
``(1) The extent to which the project aligns with the
current missions of the Corps of Engineers.
``(2) The economic and environmental impacts of the project
on existing communities in the vicinity of the project.
``(3) The extent to which the divestment or modification of
the project could reduce operation and maintenance costs of the
Corps of Engineers.
``(4) The extent to which the divestment or modification of
the project is in the public interest.
``(5) The extent to which investment of additional Federal
resources in the project proposed for divestment or
modification, including investment needed to bring the project
to a good state of repair, is in the public interest.
``(6) The extent to which the authorized purpose of the
project is no longer being met.
``(d) Recommendations of Non-Federal Interests.--A non-Federal
interest for a project may recommend that the Secretary include such
project in the assessment or inventory required under this section.
``(e) Report to Congress.--
``(1) <<NOTE: Public information.>> In general.--Upon
completion of the inventory required by subsection (b), the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, and make
publicly available, a report containing the findings of the
Secretary with respect to the assessment and inventory required
under this section.
``(2) <<NOTE: Appendix. Determination.>> Inclusion.--The
Secretary shall list in an appendix any recommendation of a non-
Federal interest made with respect to a project under subsection
(d) that the Secretary determines not to include in the
inventory developed under subsection (b), based on the criteria
in subsection (c), including information about the request and
the reasons for the Secretary's determination.''.
SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.
It is the sense of Congress that the Secretary, in coordination with
non-Federal interests, should maximize the development, evaluation, and
recommendation of project alternatives for future water resources
development projects that produce multiple project benefits, such as
navigation, flood risk management, and ecosystem restoration benefits,
including through the use of natural or nature-based features and the
beneficial use of dredged material.
SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED MATERIAL
MANAGEMENT PLANS.
(a) <<NOTE: 33 USC 2326g.>> National Policy on the Beneficial Use
of Dredged Material.--
(1) In general.--It is the policy of the United States for
the Corps of Engineers to maximize the beneficial use, in an
environmentally acceptable manner, of suitable dredged material
obtained from the construction or operation and maintenance of
water resources development projects.
(2) Placement of dredged materials.--
[[Page 134 STAT. 2637]]
(A) <<NOTE: Evaluations.>> In general.--In
evaluating the placement of dredged material obtained
from the construction or operation and maintenance of
water resources development projects, the Secretary
shall consider--
(i) the suitability of the dredged material
for a full range of beneficial uses; and
(ii) the economic and environmental benefits,
efficiencies, and impacts (including the effects
on living coral) of using the dredged material for
beneficial uses, including, in the case of
beneficial use activities that involve more than
one water resources development project, the
benefits, efficiencies, and impacts that result
from the combined activities.
(B) Calculation of federal standard.--
(i) Determination.--The economic benefits and
efficiencies from the beneficial use of dredged
material considered by the Secretary under
subparagraph (A) shall be included in any
determination relating to the ``Federal standard''
by the Secretary under section 335.7 of title 33,
Code of Federal Regulations, for the placement or
disposal of such material.
(ii) Reports.--The Secretary shall submit to
Congress--
(I) a report detailing the method
and all of the factors utilized by the
Corps of Engineers to determine the
Federal standard referred to in clause
(i); and
(II) for each evaluation under
subparagraph (A), a report displaying
the calculations for economic and
environmental benefits and efficiencies
from the beneficial use of dredged
material (including, where appropriate,
the utilization of alternative dredging
equipment and dredging disposal methods)
considered by the Secretary under such
subparagraph for the placement or
disposal of such material.
(C) Selection of dredged material disposal method
for certain purposes.--Section 204(d) of the Water
Resources Development Act of 1992 (33 U.S.C. 2326(d)) is
amended--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``In
developing'' and all that follows
through ``the non-Federal interest,''
and inserting ``At the request of the
non-Federal interest for a water
resources development project involving
the disposal of dredged material, the
Secretary, using funds appropriated for
construction or operation and
maintenance of the project, may
select''; and
(II) in subparagraph (B), by
striking ``flood and storm damage and
flood reduction benefits'' and inserting
``hurricane and storm or flood risk
reduction benefits''; and
(ii) by adding at the end the following:
[[Page 134 STAT. 2638]]
``(5) Selection of dredged material disposal method for
certain purposes.--Activities carried out under this
subsection--
``(A) shall be carried out using amounts
appropriated for construction or operation and
maintenance of the project involving the disposal of the
dredged material; and
``(B) shall not carried out using amounts made
available under subsection (g).''.
(b) Beneficial Use of Dredged Material.--
(1) Pilot program projects.--Section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note) is
amended--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (7)(C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(8) recovering lost storage capacity in reservoirs due to
sediment accumulation, if the project also has a purpose
described in any of paragraphs (1) through (7).'';
(B) in subsection (b)(1), by striking ``20'' and
inserting ``35''; and
(C) in subsection (g), by striking ``20'' and
inserting ``35''.
(2) Sense of congress.--It is the sense of Congress that the
Secretary, in selecting projects for the beneficial use of
dredged materials under section 1122 of the Water Resources
Development Act of 2016 (33 U.S.C. 2326 note), should ensure the
thorough evaluation of project submissions from rural, small,
and economically disadvantaged communities.
(3) <<NOTE: 33 USC 2326 note.>> Project selection.--In
selecting projects for the beneficial use of dredged materials
under section 1122 of the Water Resources Development Act of
2016 (33 U.S.C. 2326 note), the Secretary shall prioritize the
selection of at least one project for the utilization of thin
layer placement of dredged fine and coarse grain sediment and at
least one project for recovering lost storage capacity in
reservoirs due to sediment accumulation authorized by subsection
(a)(8) of such section, to the extent that a non-Federal
interest has submitted an application for such project purposes
that otherwise meets the requirements of such section.
(4) Temporary easements.--Section 1148 of the Water
Resources Development Act of 2018 (33 U.S.C. 2326 note) is
amended--
(A) in subsection (a)--
(i) by striking ``grant'' and inserting
``approve''; and
(ii) by striking ``granting'' and inserting
``approving''; and
(B) in subsection (b), by striking ``grants'' and
inserting ``approves''.
(c) <<NOTE: 33 USC 2326h.>> Five-Year Regional Dredged Material
Management Plans.--
(1) <<NOTE: Deadline. Coordination.>> In general.--Not
later than 1 year after the date of enactment of this Act, and
annually thereafter, the District Commander of each district of
the Corps of Engineers that obtains dredged material through the
construction or operation
[[Page 134 STAT. 2639]]
and maintenance of a water resources development project shall,
at Federal expense, develop and submit to the Secretary a 5-year
dredged material management plan in coordination with relevant
State agencies and stakeholders.
(2) Scope.--Each plan developed under this subsection shall
include--
(A) a dredged material budget for each watershed or
littoral system within the district;
(B) <<NOTE: Estimates.>> an estimate of the amount
of dredged material likely to be obtained through the
construction or operation and maintenance of all water
resources development projects projected to be carried
out within the district during the 5-year period
following submission of the plan, and the estimated
timing for obtaining such dredged material;
(C) <<NOTE: Estimate.>> an identification of
potential water resources development projects projected
to be carried out within the district during such 5-year
period that are suitable for, or that require, the
placement of dredged material, and an estimate of the
amount of dredged material placement capacity of such
projects;
(D) <<NOTE: Evaluations.>> an evaluation of--
(i) the suitability of the dredged material
for a full range of beneficial uses; and
(ii) the economic and environmental benefits,
efficiencies, and impacts (including the effects
on living coral) of using the dredged material for
beneficial uses, including, in the case of
beneficial use activities that involve more than
one water resources development project, the
benefits, efficiencies, and impacts that result
from the combined activities;
(E) the district-wide goals for beneficial use of
the dredged material, including any expected cost
savings from aligning and coordinating multiple projects
(including projects across Corps districts) in the use
of the dredged material; and
(F) a description of potential beneficial use
projects identified through stakeholder solicitation and
coordination.
(3) <<NOTE: Notice.>> Public comment.--In developing each
plan under this subsection, each District Commander shall
provide notice and an opportunity for public comment, including
a solicitation for stakeholders to identify beneficial use
projects, in order to ensure, to the extent practicable, that
beneficial use of dredged material is not foregone in a
particular fiscal year or dredging cycle.
(4) <<NOTE: Web posting.>> Public availability.--Upon
submission of each plan to the Secretary under this subsection,
each District Commander shall make the plan publicly available,
including on a publicly available website.
(5) Transmission to congress.--As soon as practicable after
receiving a plan under subsection (a), the Secretary shall
transmit the plan to Congress.
(6) Regional sediment management plans.--A plan developed
under this section--
(A) shall be in addition to regional sediment
management plans prepared under section 204(a) of the
Water
[[Page 134 STAT. 2640]]
Resources Development Act of 1992 (33 U.S.C. 2326(a));
and
(B) shall not be subject to the limitations in
section 204(g) of the Water Resources Development Act of
1992 (33 U.S.C. 2326(g)).
(d) Dredge Pilot Program.--
(1) Revisions.--Section 1111 of the Water Resources
Development Act of 2018 (33 U.S.C. 2326 note) is amended--
(A) in subsection (a), by striking ``for the
operation and maintenance of harbors and inland
harbors'' and all that follows through the period at the
end and inserting the following: ``for the operation and
maintenance of--
``(1) harbors and inland harbors referred to in section
210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)); or
``(2) inland and intracoastal waterways of the United States
described in section 206 of the Inland Waterways Revenue Act of
1978 (33 U.S.C. 1804).''; and
(B) in subsection (b), by striking ``or inland
harbors'' and inserting ``, inland harbors, or inland or
intracoastal waterways''.
(2) <<NOTE: 33 USC 2326 note.>> Coordination with existing
authorities.--The Secretary may carry out the dredge pilot
program authorized by section 1111 of the Water Resources
Development Act of 2018 (33 U.S.C. 2326 note) in coordination
with Federal regional dredge demonstration programs in effect on
the date of enactment of this Act.
SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.
(a) Anadromous Fish Habitat and Passage.--Section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Anadromous fish habitat and passage.--
``(A) Measures.--A project under this section may
include measures to improve habitat or passage for
anadromous fish, including--
``(i) installing fish bypass structures on
small water diversions;
``(ii) modifying tide gates; and
``(iii) restoring or reconnecting floodplains
and wetlands that are important for anadromous
fish habitat or passage.
``(B) Benefits.--A project that includes measures
under this paragraph shall be formulated to maximize
benefits for the anadromous fish species benefitted by
the project.''; and
(2) by adding at the end the following:
``(g) Prioritization.--The Secretary shall give projects that
include measures described in subsection (a)(3) equal priority for
implementation as other projects under this section.''.
SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES
INFRASTRUCTURE.
(a) In General.--Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) is amended--
(1) in subsection (c)--
[[Page 134 STAT. 2641]]
(A) in paragraph (1)--
(i) in subparagraph (B)(ii)(III), by inserting
``, regional, or local'' after ``national''; and
(ii) by adding at the end the following:
``(D) Modifications of projects carried out pursuant
to continuing authority programs.--
``(i) In general.--With respect to a project
being carried out pursuant to a continuing
authority program for which a proposed
modification is necessary because the project is
projected to exceed, in the coming fiscal year,
the maximum Federal cost of the project, the
Secretary shall include a proposed modification in
the annual report if the proposed modification
will result in completion of construction the
project and the justification for the modification
is not the result of a change in the scope of the
project.
``(ii) Inclusion.--For each proposed
modification included in an annual report under
clause (i), the Secretary shall include in the
annual report--
``(I) a justification of why the
modification is necessary;
``(II) <<NOTE: Estimate.>> an
estimate of the total cost and timeline
required to complete construction of the
project; and
``(III) an indication of continued
support by the non-Federal interest and
the financial ability of the non-Federal
interest to provide the required cost-
share.
``(iii) Definition.--For the purposes of this
subparagraph, the term `continuing authority
program' means any of--
``(I) section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r);
``(II) section 3 of the Act of
August 13, 1946 (33 U.S.C. 426g);
``(III) section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577);
``(IV) section 111 of the River and
Harbor Act of 1968 (33 U.S.C. 426i);
``(V) section 204 of the Water
Resources Development Act of 1992 (33
U.S.C. 2326);
``(VI) section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s);
``(VII) section 206 of the Water
Resources Development Act of 1996 (33
U.S.C. 2330);
``(VIII) section 2 of the Act of
August 28, 1937 (33 U.S.C. 701g); and
``(IX) section 1135 of the Water
Resources Development Act of 1986 (33
U.S.C. 2309a).''; and
(B) in paragraph (4)(B)--
(i) in clause (i), by striking ``and'' at the
end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) the Secretary shall not include
proposals in the appendix of the annual report
that otherwise meet the criteria for inclusion in
the annual report solely on the basis that the
proposals are for the purposes
[[Page 134 STAT. 2642]]
of navigation, flood risk management, ecosystem
restoration, or municipal or agricultural water
supply; and''; and
(2) in subsection (g)(5), by striking ``if authorized'' and
all that follows through ``2016''.
(b) <<NOTE: 33 USC 2282d note.>> Over-Budget Cap Programs.--For any
project carried out under a continuing authority program, as such term
is defined in section 7001(c)(1)(D) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d)), for which the Secretary is
required to include a proposed modification in an annual report under
such section 7001(c)(1)(D), the Secretary shall, to the extent
practicable, inform the non-Federal interest of the process for carrying
out the project pursuant to section 105 of the Water Resources
Development Act of 1986 (33 U.S.C. 2215) and whether the Secretary has
the authority to complete a feasibility study for the project.
(c) <<NOTE: 33 USC 2282d note.>> Annual Report on Status of
Feasibility Studies.--Concurrent with each report submitted under
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that provides for an accounting of all outstanding feasibility studies
being conducted by the Secretary, including, for each such study, its
length, cost, and expected completion date.
SEC. 128. <<NOTE: 33 USC 610 note.>> HARMFUL ALGAL BLOOM
DEMONSTRATION PROGRAM.
(a) <<NOTE: Determination.>> In General.--The Secretary shall carry
out a demonstration program to determine the causes of, and implement
measures to effectively detect, prevent, treat, and eliminate, harmful
algal blooms associated with water resources development projects.
(b) Consultation; Use of Existing Data and Program Authorities.--In
carrying out the demonstration program under subsection (a), the
Secretary shall--
(1) consult with the heads of appropriate Federal and State
agencies; and
(2) make maximum use of existing Federal and State data and
ongoing programs and activities of Federal and State agencies,
including the activities of the Secretary carried out through
the Engineer Research and Development Center pursuant to section
1109 of the Water Resources Development Act of 2018 (33 U.S.C.
610 note).
(c) <<NOTE: State listing.>> Focus Areas.--In carrying out the
demonstration program under subsection (a), the Secretary shall
undertake program activities related to harmful algal blooms in the
Great Lakes, the tidal and inland waters of the State of New Jersey, the
coastal and tidal waters of the State of Louisiana, the waterways of the
counties that comprise the Sacramento-San Joaquin Delta, California, the
Allegheny Reservoir Watershed, New York, and Lake Okeechobee, Florida.
(d) Additional Focus Areas.--In addition to the areas described in
subsection (c), in carrying out the demonstration program under
subsection (a), the Secretary shall undertake program activities related
to harmful algal blooms at any Federal reservoir located in the Upper
Missouri River Basin or the North Platte River Basin, at the request and
expense of another Federal agency.
[[Page 134 STAT. 2643]]
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $25,000,000 to carry out this section.
Such sums shall remain available until expended.
SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX
CONSTRUCTION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report on the effects of any interception-rearing complex
constructed on the Missouri River on--
(1) flood risk management and navigation; and
(2) the population recovery of the pallid sturgeon,
including baseline population counts.
(b) No Additional IRC Construction.--The Secretary may not authorize
construction of an interception-rearing complex on the Missouri River
until the Secretary--
(1) submits the report required by subsection (a);
(2) <<NOTE: Research and development.>> acting through the
Engineer Research and Development Center, conducts further
research on interception-rearing complex design, including any
effects on existing flows, flood risk management, and
navigation; and
(3) <<NOTE: Plan.>> develops a plan--
(A) to repair dikes and revetments that are
affecting flood risk and bank erosion; and
(B) to establish, repair, or improve water control
structures at the headworks of constructed shallow water
habitat side-channels.
(c) Future IRC Construction.--
(1) Public comment.--The Secretary shall provide an
opportunity for comment from the public and the Governor of each
affected State on any proposals to construct an interception-
rearing complex after the date of enactment of this Act.
(2) Period.--The public comment period required by paragraph
(1) shall be not less than 90 days for each proposal to
construct an interception-rearing complex on the Missouri River.
SEC. 130. <<NOTE: 33 USC 2325b.>> MATERIALS, SERVICES, AND FUNDS
FOR REPAIR, RESTORATION, OR
REHABILITATION OF PROJECTS.
(a) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means an area--
(A) for which the Governor of a State has requested
a determination that an emergency exists; or
(B) covered by an emergency or major disaster
declaration declared under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(2) Emergency period.--The term ``emergency period'' means--
(A) with respect to a covered area described in
paragraph (1)(A), the period during which the Secretary
determines an emergency exists; and
(B) with respect to a covered area described in
paragraph (1)(B), the period during which the applicable
declaration is in effect.
[[Page 134 STAT. 2644]]
(b) <<NOTE: Reimbursement. Determination.>> In General.--In any
covered area, the Secretary is authorized to accept and use materials,
services, and funds, during the emergency period, from a non-Federal
interest or private entity to repair, restore, or rehabilitate a
federally authorized water resources development project, and to provide
reimbursement to such non-Federal interest or private entity for such
materials, services, and funds, in the Secretary's sole discretion, and
subject to the availability of appropriations, if the Secretary
determines that reimbursement is in the public interest.
(c) <<NOTE: Compliance.>> Additional Requirement.--The Secretary
may only reimburse for the use of materials or services accepted under
this section if such materials or services meet the Secretary's
specifications and comply with all applicable laws and regulations that
would apply if such materials and services were acquired by the
Secretary, including sections 3141 through 3148 and 3701 through 3708 of
title 40, United States Code, section 8302 of title 41, United States
Code, and the National Environmental Policy Act of 1969.
(d) <<NOTE: Contracts.>> Agreements.--
(1) In general.--Prior to the acceptance of materials,
services, or funds under this section, the Secretary and the
non-Federal interest or private entity shall enter into an
agreement that specifies--
(A) the non-Federal interest or private entity shall
hold and save the United States free from any and all
damages that arise from use of materials or services of
the non-Federal interest or private entity, except for
damages due to the fault or negligence of the United
States or its contractors;
(B) the non-Federal interest or private entity shall
certify that the materials or services comply with all
applicable laws and regulations under subsection (c);
and
(C) any other term or condition required by the
Secretary.
(2) Exception.--If an agreement under paragraph (1) was not
entered prior to materials or services being contributed, a non-
Federal interest or private entity shall enter into an agreement
with the Secretary that--
(A) specifies the value, as determined by the
Secretary, of those materials or services contributed
and eligible for reimbursement; and
(B) ensures that the materials or services comply
with subsection (c) and paragraph (1).
SEC. 131. LEVEE SAFETY.
Section 9004 of the Water Resources Development Act of 2007 (33
U.S.C. 3303) is amended by adding at the end the following:
``(d) Identification of Deficiencies.--
``(1) In general.--For each levee included in an inventory
established under subsection (b) or for which the Secretary has
conducted a review under subsection (c), the Secretary shall--
``(A) identify the specific engineering and
maintenance deficiencies, if any; and
``(B) describe the recommended remedies to correct
each deficiency identified under subparagraph (A), and,
if
[[Page 134 STAT. 2645]]
requested by owner of a non-Federal levee, the
associated costs of those remedies.
``(2) Consultation.--In identifying deficiencies and
describing remedies for a levee under paragraph (1), the
Secretary shall consult with relevant non-Federal interests,
including by providing an opportunity for comment by those non-
Federal interests.''.
SEC. 132. NATIONAL DAM SAFETY PROGRAM.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking clause (iii) and inserting the
following:
``(iii) has an emergency action plan that--
``(I) is approved by the relevant
State dam safety agency; or
``(II) is in conformance with State
law and pending approval by the relevant
State dam safety agency;''; and
(ii) by striking clause (iv) and inserting the
following:
``(iv) fails to meet minimum dam safety
standards of the State in which the dam is
located, as determined by the State; and
``(v) poses an unacceptable risk to the
public, as determined by the Administrator, in
consultation with the Board.''; and
(B) in subparagraph (B)(i), by inserting ``under a
hydropower project with an authorized installed capacity
of greater than 1.5 megawatts'' after ``dam''; and
(2) in paragraph (10)--
(A) in the heading, by striking ``Non-federal
sponsor'' and inserting ``Eligible subrecipient''; and
(B) by striking ``The term `non-Federal sponsor' ''
and inserting ``The term `eligible subrecipient' ''.
(b) Rehabilitation of High Hazard Potential Dams.--
(1) Establishment of program.--Section 8A(a) of the National
Dam Safety Program Act (33 U.S.C. 467f-2(a)) is amended by
striking ``to non-Federal sponsors'' and inserting ``to States
with dam safety programs''.
(2) Eligible activities.--Section 8A(b) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(b)) is amended, in the
matter preceding paragraph (1), by striking ``for a project may
be used for'' and inserting ``to a State may be used by the
State to award grants to eligible subrecipients for''.
(3) Award of grants.--Section 8A(c) of the National Dam
Safety Program Act (33 U.S.C. 467f-2(c)) is amended--
(A) in paragraph (1)(A), by striking ``non-Federal
sponsor'' and inserting ``State''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``an
eligible high hazard potential dam to a non-
Federal sponsor'' and inserting ``eligible high
hazard potential dams to a State'';
(ii) in subparagraph (B)--
[[Page 134 STAT. 2646]]
(I) in the subparagraph heading, by
striking ``Project grant'' and inserting
``Grant'';
(II) by striking ``project grant
agreement with the non-Federal sponsor''
and inserting ``grant agreement with the
State''; and
(III) by striking ``project,'' and
inserting ``projects for which the grant
is awarded,'';
(iii) by amending subparagraph (C) to read as
follows:
``(C) <<NOTE: Requirements.>> Grant assurance.--As
part of a grant agreement under subparagraph (B), the
Administrator shall require that each eligible
subrecipient to which the State awards a grant under
this section provides an assurance, with respect to the
dam to be rehabilitated by the eligible subrecipient,
that the dam owner will carry out a plan for maintenance
of the dam during the expected life of the dam.''; and
(iv) in subparagraph (D), by striking ``A
grant provided under this section shall not
exceed'' and inserting ``A State may not award a
grant to an eligible subrecipient under this
section that exceeds, for any 1 dam,''.
(4) Requirements.--Section 8A(d) of the National Dam Safety
Program Act (33 U.S.C. 467f-2(d)) is amended--
(A) in paragraph (1), by inserting ``to an eligible
subrecipient'' after ``this section'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``Non-federal sponsor'' and inserting ``Eligible
subrecipient'';
(ii) in the matter preceding subparagraph (A),
by striking ``the non-Federal sponsor shall'' and
inserting ``an eligible subrecipient shall, with
respect to the dam to be rehabilitated by the
eligible subrecipient'';
(iii) by amending subparagraph (A) to read as
follows:
``(A) <<NOTE: Compliance.>> demonstrate that the
community in which the dam is located participates in,
and complies with, all applicable Federal flood
insurance programs, including demonstrating that such
community is participating in the National Flood
Insurance Program, and is not on probation, suspended,
or withdrawn from such Program;'';
(iv) <<NOTE: Deadline. Publication. Criteria.>>
in subparagraph (B), by striking ``have'' and
inserting ``beginning not later than 2 years after
the date on which the Administrator publishes
criteria for hazard mitigation plans under
paragraph (3), demonstrate that the Tribal or
local government with jurisdiction over the area
in which the dam is located has''; and
(v) in subparagraph (C), by striking ``50-year
period'' and inserting ``expected life of the
dam''; and
(C) by adding at the end the following:
``(3) <<NOTE: Deadline. Consultation. Publication.>> Hazard
mitigation plan criteria.--Not later than 1 year after the date
of enactment of this paragraph, the Administrator, in
consultation with the Board, shall publish criteria for hazard
mitigation plans required under paragraph (2)(B).''.
[[Page 134 STAT. 2647]]
(5) Floodplain management plans.--Section 8A(e) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(e)) is
amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``the non-Federal sponsor'' and
inserting ``an eligible subrecipient''; and
(ii) in subparagraph (B), by striking ``1
year'' and inserting ``2 years'' each place it
appears; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Plan criteria and technical support.--The
Administrator, in consultation with the Board, shall provide
criteria, and may provide technical support, for the development
and implementation of floodplain management plans prepared under
this subsection.''.
(6) Contractual requirements.--Section 8A(i)(1) of the
National Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is
amended by striking ``a non-Federal sponsor'' and inserting ``an
eligible subrecipient''.
SEC. 133. <<NOTE: 33 USC 2327a.>> REHABILITATION OF CORPS OF
ENGINEERS CONSTRUCTED PUMP STATIONS.
(a) Definitions.--In this section:
(1) Eligible pump station.--The term ``eligible pump
station'' means a pump station--
(A) constructed, in whole or in part, by the Corps
of Engineers for flood risk management purposes;
(B) that the Secretary has identified as having a
major deficiency; and
(C) the failure of which the Secretary has
determined would impair the function of a flood risk
management project constructed by the Corps of
Engineers.
(2) Rehabilitation.--
(A) In general.--The term ``rehabilitation'', with
respect to an eligible pump station, means to address a
major deficiency of the eligible pump station caused by
long-term degradation of the foundation, construction
materials, or engineering systems or components of the
eligible pump station.
(B) Inclusions.--The term ``rehabilitation'', with
respect to an eligible pump station, includes--
(i) the incorporation into the eligible pump
station of--
(I) current design standards;
(II) efficiency improvements; and
(III) associated drainage; and
(ii) increasing the capacity of the eligible
pump station, subject to the condition that the
increase shall--
(I) significantly decrease the risk
of loss of life and property damage; or
(II) decrease total lifecycle
rehabilitation costs for the eligible
pump station.
(b) <<NOTE: Determination.>> Authorization.--The Secretary may
carry out rehabilitation of an eligible pump station, if the Secretary
determines that the rehabilitation is feasible.
[[Page 134 STAT. 2648]]
(c) Cost Sharing.--The non-Federal interest for the eligible pump
station shall--
(1) provide 35 percent of the cost of rehabilitation of an
eligible pump station carried out under this section; and
(2) provide all land, easements, rights-of-way, and
necessary relocations associated with the rehabilitation
described in subparagraph (A), at no cost to the Federal
Government.
(d) <<NOTE: Contracts.>> Agreement Required.--The rehabilitation of
an eligible pump station pursuant to this section shall be initiated
only after a non-Federal interest has entered into a binding agreement
with the Secretary--
(1) to pay the non-Federal share of the costs of
rehabilitation under subsection (c); and
(2) <<NOTE: Regulations.>> to pay 100 percent of the
operation and maintenance costs of the rehabilitated eligible
pump station, in accordance with regulations promulgated by the
Secretary.
(e) Treatment.--The rehabilitation of an eligible pump station
pursuant to this section shall not be considered to be a separable
element of the associated flood risk management project constructed by
the Corps of Engineers.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000, to remain available
until expended.
SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Reauthorization; Implementation Guidance.--Section 1043(b) of
the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201
note) is amended--
(1) in paragraph (7), by striking ``the date that is 5 years
after the date of enactment of this Act'' and inserting
``September 30, 2026'';
(2) in paragraph (8), by striking ``2023'' and inserting
``2026''; and
(3) by adding at the end the following:
``(9) Implementation guidance.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 120 days after the date of enactment of this
paragraph, the Secretary shall issue guidance for the
implementation of the pilot program that, to the extent
practicable, identifies--
``(i) the metrics for measuring the success of
the pilot program;
``(ii) a process for identifying future
projects to participate in the pilot program;
``(iii) measures to address the risks of a
non-Federal interest constructing projects under
the pilot program, including which entity bears
the risk for projects that fail to meet the Corps
of Engineers standards for design or quality;
``(iv) the laws and regulations that a non-
Federal interest must follow in carrying out a
project under the pilot program; and
``(v) which entity bears the risk in the event
that a project carried out under the pilot program
fails to be carried out in accordance with the
project authorization or this subsection.
[[Page 134 STAT. 2649]]
``(B) <<NOTE: Contracts. Time period.>> New project
partnership agreements.--The Secretary may not enter
into a project partnership agreement under this
subsection during the period beginning on the date of
enactment of this paragraph and ending on the date on
which the Secretary issues the guidance under
subparagraph (A).''.
(b) <<NOTE: Determinations. 33 USC 2201 note.>> Non-Federal Project
Implementation for Comprehensive Everglades Restoration Plan Projects.--
(1) In general.--In carrying out the pilot program
authorized under section 1043(b) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2201 note), the Secretary
is authorized to include a project authorized to be implemented
by, or in accordance with, section 601 of the Water Resources
Development Act of 2000, in accordance with such section
1043(b).
(2) Eligibility.--In the case of a project described in
paragraph (1) for which the non-Federal interest has initiated
construction in compliance with authorities governing the
provision of in-kind contributions for such project, the
Secretary shall take into account the value of any in-kind
contributions carried out by the non-Federal interest for such
project prior to the date of execution of the project
partnership agreement under section 1043(b) of the Water
Resources Reform and Development Act of 2014 when determining
the non-Federal share of the costs to complete construction of
the project.
(3) <<NOTE: Deadline.>> Guidance.--Not later than 180 days
after the date of enactment of this subsection, and in
accordance with the guidance issued under section 1043(b)(9) of
the Water Resources Reform and Development Act of 2014 (as added
by this section), the Secretary shall issue any additional
guidance that the Secretary determines necessary for the
implementation of this subsection.
SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN
TRIBES.
Section 1156(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2310(b)) is amended by striking ``for inflation'' and all that
follows through the period at the end and inserting ``on an annual basis
for inflation.''.
SEC. 136. <<NOTE: 33 USC 2203.>> REVIEW OF CONTRACTING POLICIES.
(a) Review of Contractual Agreements.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this section, the Secretary
shall complete a review of the policies, guidelines, and
regulations of the Corps of Engineers for the development of
contractual agreements between the Secretary and non-Federal
interests and utilities associated with the construction of
water resources development projects.
(2) <<NOTE: Public information.>> Report.--Not later than
90 days after completing the review under subsection (a)(1), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate, and make publicly
available, a report that includes--
(A) <<NOTE: Summary.>> a summary of the results of
the review; and
[[Page 134 STAT. 2650]]
(B) public guidance on best practices for a non-
Federal interest to use when writing or developing
contractual agreements with the Secretary and utilities.
(3) Provision of guidance.--The Secretary shall provide the
best practices guidance included under paragraph (2)(A) to non-
Federal interests prior to the development of contractual
agreements with such non-Federal interests.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should maximize use of nonprice tradeoff procedures in
competitive acquisitions for carrying out emergency work in an area with
respect to which the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
SEC. 137. <<NOTE: 33 USC 2341c.>> CRITERIA FOR FUNDING
ENVIRONMENTAL INFRASTRUCTURE PROJECTS.
(a) <<NOTE: Deadline. Evaluation.>> In General.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
develop specific criteria for the evaluation and ranking of individual
environmental assistance projects authorized by Congress (including
projects authorized pursuant to environmental assistance programs) for
the Secretary to carry out.
(b) <<NOTE: Evaluation.>> Minimum Criteria.--For the purposes of
carrying out this section, the Secretary shall evaluate, at a minimum--
(1) the nature and extent of the positive and negative local
economic impacts of the project, including--
(A) the benefits of the project to the local
economy;
(B) the extent to which the project will enhance
local development;
(C) the number of jobs that will be directly created
by the project; and
(D) the ability of the non-Federal interest to pay
the applicable non-Federal share of the cost of the
project;
(2) the demographics of the location in which the project is
to be carried out, including whether the project serves--
(A) a rural community; or
(B) an economically disadvantaged community,
including an economically disadvantaged minority
community;
(3) the amount of appropriations a project has received;
(4) the funding capability of the Corps of Engineers with
respect to the project;
(5) whether the project could be carried out under other
Federal authorities at an equivalent cost to the non-Federal
interest; and
(6) any other criteria that the Secretary considers to be
appropriate.
(c) Inclusion in Guidance.--The Secretary shall include the criteria
developed under subsection (a) in the annual Civil Works Direct Program
Development Policy Guidance of the Secretary.
(d) Report to Congress.--For fiscal year 2022, and biennially
thereafter, in conjunction with the President's annual budget submission
to Congress under section 1105(a) of title 31, United States Code, the
Secretary shall submit to the Committee on Environment and Public Works
and the Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Appropriations of
the House
[[Page 134 STAT. 2651]]
of Representatives a report that identifies the Secretary's ranking of
individual environmental assistance projects authorized by Congress for
the Secretary to carry out, in accordance with the criteria developed
under this section.
SEC. 138. <<NOTE: 33 USC 2353a.>> AGING INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Aging infrastructure.--The term ``aging infrastructure''
means a water resources development project of the Corps of
Engineers, or any other water resources, water storage, or
irrigation project of another Federal agency, that is greater
than 75 years old.
(2) Enhanced inspection.--The term ``enhanced inspection''
means an inspection that uses current or innovative technology,
including Light Detection and Ranging (commonly known as
``LiDAR''), ground penetrating radar, subsurface imaging, or
subsurface geophysical techniques, to detect whether the
features of the aging infrastructure are structurally sound and
can operate as intended, or are at risk of failure.
(b) Contracts for Enhanced Inspection.--
(1) In general.--The Secretary may carry out enhanced
inspections of aging infrastructure, pursuant to a contract with
the owner or operator of the aging infrastructure.
(2) Certain circumstances.--Subject to the availability of
appropriations, or funds available pursuant to subsection (d),
the Secretary shall enter into a contract described in paragraph
(1), if--
(A) the owner or operator of the aging
infrastructure requests that the Secretary carry out the
enhanced inspections; and
(B) the inspection is at the full expense of such
owner or operator.
(c) Limitation.--The Secretary shall not require a non-Federal
entity associated with a project under the jurisdiction of another
Federal agency to carry out corrective or remedial actions in response
to an enhanced inspection carried out under this section.
(d) Funding.--The Secretary is authorized to accept funds from an
owner or operator of aging infrastructure, and may use such funds to
carry out an enhanced inspection pursuant to a contract entered into
with such owner or operator under this section.
SEC. 139. <<NOTE: 33 USC 2201 note.>> UNIFORMITY OF NOTIFICATION
SYSTEMS.
(a) <<NOTE: Deadline.>> Inventory.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall complete an
inventory of all systems used by the Corps of Engineers for external
communication and notification with respect to projects, initiatives,
and facilities of the Corps of Engineers.
(b) Uniform Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
develop a plan for the uniformity of such communication and
notification systems for projects, initiatives, and facilities
of the Corps of Engineers.
(2) Inclusions.--The plan developed under paragraph (1)
shall--
(A) provide access to information in all forms
practicable, including through email, text messages,
news programs and websites, radio, and other forms of
notification;
[[Page 134 STAT. 2652]]
(B) establish a notification system for any
projects, initiatives, or facilities of the Corps of
Engineers that do not have a notification system;
(C) streamline existing communication and
notification systems to improve the strength and
uniformity of those systems; and
(D) emphasize the necessity of timeliness in
notification systems and ensure that the methods of
notification can transmit information in a timely
manner.
(3) <<NOTE: Deadlines.>> Implementation.--
(A) In general.--Except as provided in subparagraph
(B), not later than 2 years after the date of enactment
of this Act, the Secretary shall complete the
implementation of the plan developed under paragraph
(1).
(B) Emergency management notification.--Not later
than 18 months after the date of enactment of this Act,
the Secretary shall implement the provisions of the plan
developed under paragraph (1) relating to emergency
management notifications.
(4) Savings provision.--Nothing in this section authorizes
the elimination of any existing communication or notification
system used by the Corps of Engineers.
SEC. 140. <<NOTE: 33 USC 426e-3.>> COASTAL STORM DAMAGE REDUCTION
CONTRACTS.
For any project for coastal storm damage reduction, the Secretary
may seek input from a non-Federal interest for a project that may be
affected by the timing of the coastal storm damage reduction activities
under the project, in order to minimize, to the maximum extent
practicable, any negative effects resulting from the timing of those
activities.
SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.
Section 542(b)(2) of the Water Resources Development Act of 2000
(114 Stat. 2671; 121 Stat. 1150) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) measures to restore, protect, and preserve an
ecosystem affected by a dam (including by the
rehabilitation or modification of a dam)--
``(i) that has been constructed, in whole or
in part, by the Corps of Engineers for flood
control purposes;
``(ii) for which construction was completed
before 1940;
``(iii) that is classified as `high hazard
potential' by the State dam safety agency of the
State in which the dam is located; and
``(iv) that is operated by a non-Federal
entity; or''.
SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.
(a) Sense of Congress.--It is the sense of Congress that the process
developed by the Flood Protection Structure Accreditation Task Force
established under section 100226 of the Moving Ahead for Progress in the
21st Century Act (42 U.S.C. 4101 note) should not be limited to levee
systems in the inspection of completed works program of the Corps of
Engineers, but should apply equally to federally owned levee systems
operated by the Secretary,
[[Page 134 STAT. 2653]]
including federally owned levee systems operated by the Secretary as
part of a reservoir project.
(b) Levee Certifications.--Section 3014 of the Water Resources
Reform and Development Act of 2014 (42 U.S.C. 4131) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``under the inspection of
completed works program'' and inserting ``for
levee systems under the levee safety and dam
safety programs''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``activities under the
inspection of completed works program of the Corps
of Engineers'' and inserting ``the activities
referred to in paragraph (1)'';
(ii) by striking ``chapter 1'' and inserting
``chapter I''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) in the case of a levee system that is operated and
maintained by the Corps of Engineers, to the maximum extent
practicable, cooperate with local governments seeking a levee
accreditation decision for the levee to provide information
necessary to support the accreditation decision in a timely
manner.''; and
(2) in paragraph (b)(3), by adding at the end the following:
``(C) Contributed funds.--Notwithstanding
subparagraph (B), a non-Federal interest may fund up to
100 percent of the cost of any activity carried out
under this subsection.''.
SEC. 143. <<NOTE: Contracts.>> PROJECT PARTNERSHIP AGREEMENT.
Section 103(j)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(j)(1)) is amended--
(1) by striking ``Any project'' and inserting the following:
``(A) In general.--Any project''; and
(2) by adding at the end the following:
``(B) <<NOTE: Cost estimates.>> Inclusion.--An
agreement under subparagraph (A) shall include a brief
description and estimation of the anticipated
operations, maintenance, and replacement and
rehabilitation costs of the non-Federal interest for the
project.''.
SEC. 144. <<NOTE: 33 USC 701h-4.>> ACCEPTANCE OF FUNDS FOR HARBOR
DREDGING.
The Secretary is authorized, in accordance with section 5 of Act of
June 22, 1936 (33 U.S.C. 701h), to accept and expend funds contributed
by a State or other non-Federal interest--
(1) to dredge a non-Federal harbor or channel, or a marina
or berthing area located adjacent to, or accessible by, such
harbor or channel; or
(2) to provide technical assistance related to the planning
and design of dredging activities described in paragraph (1).
SEC. 145. REPLACEMENT CAPACITY.
Section 217(a) of the Water Resources Development Act of 1996 (33
U.S.C. 2326a(a)) is amended--
[[Page 134 STAT. 2654]]
(1) in the subsection heading, by inserting ``or Replacement
Capacity'' after ``Additional Capacity'';
(2) by striking paragraph (1) and inserting the following:
``(1) Provided by secretary.--
``(A) In general.--Subject to subparagraph (B), at
the request of a non-Federal interest with respect to a
project, the Secretary may--
``(i) provide additional capacity at a dredged
material disposal facility constructed by the
Secretary beyond the capacity that would be
required for project purposes; or
``(ii) <<NOTE: Determination.>> permit the
use of dredged material disposal facility capacity
required for project purposes by the non-Federal
interest if the Secretary determines that
replacement capacity can be constructed at the
facility or another facility or site before such
capacity is needed for project purposes.
``(B) Agreement.--Before the Secretary takes an
action under subparagraph (A), the non-Federal interest
shall agree to pay--
``(i) all costs associated with the
construction of the additional capacity or
replacement capacity in advance of construction of
such capacity; and
``(ii) <<NOTE: Determination.>> in the case
of use by a non-Federal interest of dredged
material disposal capacity required for project
purposes under subparagraph (A)(ii), any increase
in the cost of operation and maintenance of the
project that the Secretary determines results from
the use of the project capacity by the non-Federal
interest in advance of each cycle of dredging.
``(C) Credit.--In the event the Secretary determines
that the cost to operate or maintain the project
decreases as a result of use by the non-Federal interest
of dredged material disposal capacity required for
project purposes under subparagraph (A)(ii), the
Secretary, at the request of the non-Federal interest,
shall credit the amount of the decrease toward any cash
contribution of the non-Federal interest required
thereafter for construction, operation, or maintenance
of the project, or of another navigation project.'';
(3) in paragraph (2), in the first sentence, by inserting
``under paragraph (1)(A)(i)'' after ``additional capacity''; and
(4) by adding at the end the following:
``(3) Special rule for designation of replacement capacity
facility or site.--
``(A) <<NOTE: Determination.>> In general.--Subject
to such terms and conditions as the Secretary determines
to be necessary or advisable, an agreement under
paragraph (1)(B) for use permitted under paragraph
(1)(A)(ii) shall reserve to the non-Federal interest--
``(i) the right to submit to the Secretary for
approval at a later date an alternative to the
facility or site designated in the agreement for
construction of replacement capacity; and
``(ii) the right to construct the replacement
capacity at the alternative facility or site at
the expense of the non-Federal interest.
[[Page 134 STAT. 2655]]
``(B) Requirement.--The Secretary shall not reject a
site for the construction of replacement capacity under
paragraph (1)(A)(ii) that is submitted by the non-
Federal interest for approval by the Secretary before
the date of execution of the agreement under paragraph
(1)(B), or thereafter, unless the Secretary--
``(i) <<NOTE: Determination.>> determines
that the site is environmentally unacceptable,
geographically unacceptable, or technically
unsound; and
``(ii) provides a written basis for the
determination under clause (i) to the non-Federal
interest.
``(4) Public comment.--The Secretary shall afford the public
an opportunity to comment on the determinations required under
this subsection for a use permitted under paragraph
(1)(A)(ii).''.
SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2321b) is amended--
(1) by striking ``civil works'' each place it appears and
inserting ``water resources development''; and
(2) by adding at the end the following:
``(c) Reviewing Hydropower at Corps of Engineers Facilities.--
``(1) Definition of eligible non-federal interest.--In this
subsection, the term `eligible non-Federal interest' means a
non-Federal interest that owns or operates an existing non-
Federal hydropower facility at a Corps of Engineers water
resources development project.
``(2) Evaluation.--
``(A) In general.--On the written request of an
eligible non-Federal interest, the Secretary shall
conduct an evaluation to consider operational changes at
the applicable project to facilitate production of non-
Federal hydropower, consistent with authorized project
purposes. The Secretary shall solicit input from
interested stakeholders as part of the evaluation.
``(B) Deadline.--Not later than 180 days after the
date on which the Secretary receives a written request
under subparagraph (A), the Secretary shall provide to
the non-Federal interest a written response to inform
the non-Federal interest--
``(i) that the Secretary has approved the
request to conduct an evaluation; or
``(ii) of any additional information necessary
for the Secretary to approve the request to
conduct an evaluation.
``(3) Operational changes.--An operational change referred
to in paragraph (2)(A) may include--
``(A) changes to seasonal pool levels;
``(B) modifying releases from the project; and
``(C) other changes included in the written request
submitted under that paragraph that enhance the usage of
the project to facilitate production of non-Federal
hydropower, consistent with authorized project purposes.
[[Page 134 STAT. 2656]]
``(4) Cost share.--The eligible non-Federal interest shall
pay 100 percent of the costs associated with an evaluation under
this subsection, including the costs to prepare the report under
paragraph (6).
``(5) <<NOTE: Evaluation.>> Deadline.--The Secretary shall
complete an evaluation under this subsection by the date that is
not later than 1 year after the date on which the Secretary
begins the evaluation.
``(6) Report.--On completion of an evaluation under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the effects of the operational
changes proposed by the non-Federal interest and examined in the
evaluation on the authorized purposes of the project, including
a description of any negative impacts of the proposed
operational changes on the authorized purposes of the project,
or on any Federal project located in the same basin.
``(7) Savings provision.--Nothing in this subsection--
``(A) affects the authorized purposes of a Corps of
Engineers water resources development project;
``(B) affects existing authorities of the Corps of
Engineers, including authorities with respect to
navigation, flood damage reduction, environmental
protection and restoration, water supply and
conservation, and other related purposes; or
``(C) authorizes the Secretary to make any
operational changes to a Corps of Engineers water
resources development project.''.
SEC. 147. <<NOTE: 33 USC 701q-1.>> REPAIR AND RESTORATION OF
EMBANKMENTS.
(a) <<NOTE: Assessment.>> In General.--At the request of a non-
Federal interest, the Secretary shall assess the cause of damage to, or
the failure of, an embankment that is adjacent to the shoreline of a
reservoir project owned and operated by the Secretary for which such
damage or failure to the embankment has adversely affected a roadway
that the Secretary has relocated for construction of the reservoir.
(b) <<NOTE: Determination.>> Repair and Restoration Activities.--
If, based on the assessment carried out under subsection (a), the
Secretary determines that the cause of the damage to, or the failure of,
the embankment is the direct result of the design or operation of the
reservoir by the Secretary, the Secretary is authorized to participate
in the repair or restoration of such embankment.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 to carry out this section.
SEC. 148. COASTAL MAPPING.
Section 516 of the Water Resources Development Act of 1996 (33
U.S.C. 2326b) is amended--
(1) by redesignating subsection (g) as subsection (h);
(2) by inserting after subsection (f) the following:
``(g) <<NOTE: Plan.>> Coastal Mapping.--The Secretary shall develop
and carry out a plan for the recurring mapping of coastlines that are
experiencing rapid change, including such coastlines in--
``(1) Alaska;
``(2) Hawaii; and
``(3) any territory or possession of the United States.'';
and
[[Page 134 STAT. 2657]]
(3) in subsection (h) (as so redesignated), by adding at the
end the following:
``(3) Coastal mapping.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated to carry out subsection (g) with respect to Alaska,
Hawaii, and the territories and possessions of the United
States, $10,000,000, to remain available until expended.''.
SEC. 149. INTERIM RISK REDUCTION MEASURES.
(a) <<NOTE: Evaluation. Time period.>> In General.--In the case of
any interim risk reduction measure for dam safety purposes that was
evaluated in a final environmental assessment completed during the
period beginning on March 18, 2019, and ending on the date of enactment
of this Act, the Secretary shall carry out a reevaluation of the measure
in a timely manner if the final environmental assessment did not
consider in detail at least--
(1) 1 operational water control plan change alternative;
(2) 1 action alternative other than an operational water
control plan change; and
(3) the no action alternative.
(b) Coordination.--A reevaluation carried out under subsection (a)
shall include consideration of the alternatives described in such
subsection, which shall be developed in coordination with Federal
agencies, States, Indian Tribes, units of local government, and other
non-Federal interests that have existing water obligations that would be
directly affected by implementation of an interim risk reduction measure
that is the subject of the reevaluation.
(c) Implementation Prior to Reevaluation.--Nothing in this section
prohibits the Secretary from implementing an interim risk reduction
measure for which a reevaluation is required under subsection (a) prior
to the completion of the reevaluation under subsection (a).
SEC. 150. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging that expires prior to May 1, 2021, and shall
use best efforts to ensure such reissuance prior to expiration of such a
regional general permit for maintenance dredging.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the requirements of any Federal law,
including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 151. <<NOTE: 33 USC 2255a.>> HIGH WATER-LOW WATER
PREPAREDNESS.
(a) Definitions.--In this section:
(1) Bypass.--The term ``bypass'' means an alternate water
route adjacent to a lock and dam on a Federal inland waterway
system that can be used for commercial navigation during high
water conditions.
(2) Emergency condition.--The term ``emergency condition''
means--
[[Page 134 STAT. 2658]]
(A) unsafe conditions on a Federal inland waterway
system that prevent the operation of commercial vessels,
resulting from a major change in water level or flows;
(B) an obstruction in a Federal inland waterway
system, including silt, sediment, rock formation, or a
shallow channel;
(C) an impaired or inoperable Federal lock and dam;
or
(D) any other condition determined appropriate by
the Secretary.
(b) <<NOTE: Consultation.>> Emergency Determination.--The
Secretary, in consultation with the District Commanders responsible for
maintaining any Federal inland waterway system, the users of the
waterway system, and the Coast Guard, may make a determination that an
emergency condition exists on the waterway system.
(c) Emergency Mitigation Project.--
(1) In general.--Subject to paragraph (2) and the
availability of appropriations, and in accordance with all
applicable Federal requirements, the Secretary may carry out an
emergency mitigation project on a Federal inland waterway system
with respect to which the Secretary has determined that an
emergency condition exists under subsection (b), or on a bypass
of such system, to remedy that emergency condition.
(2) Deadline.--An emergency mitigation project under
paragraph (1) shall--
(A) be initiated by not later than 60 days after the
date on which the Secretary makes the applicable
determination under subsection (b); and
(B) to the maximum extent practicable, be completed
by not later than 1 year after the date on which the
Secretary makes such determination.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2022 through 2024, to remain available until
expended.
SEC. 152. <<NOTE: 33 USC 2213a.>> TREATMENT OF CERTAIN BENEFITS
AND COSTS.
(a) In General.--In the case of a flood risk management project that
incidentally generates seismic safety benefits in regions of moderate or
high seismic hazard, for the purpose of a benefit-cost analysis for the
project, the Secretary shall not include in that analysis any additional
design and construction costs resulting from addressing seismic
concerns.
(b) Savings Provision.--Except with respect to the benefit-cost
analysis, the additional costs referred to in subsection (a) shall be--
(1) included in the total project cost; and
(2) subject to cost-share requirements otherwise applicable
to the project.
SEC. 153. <<NOTE: Oklahoma.>> LEASE DEVIATIONS.
(a) Definition of Covered Lease Deviation.--In this section, the
term ``covered lease deviation'' means a change in terms from the
existing lease that requires approval from the Secretary for a lease--
(1) of Federal land within the State of Oklahoma that is
associated with a water resources development project, under--
[[Page 134 STAT. 2659]]
(A) section 2667 of title 10, United States Code; or
(B) section 4 of the Act of December 22, 1944 (16
U.S.C. 460d); and
(2) with respect to which the lessee is in good standing.
(b) <<NOTE: Determinations.>> Deadline.--In the case of a request
for a covered lease deviation--
(1) the Division Commander of the Southwestern Division
shall--
(A) <<NOTE: Notification.>> notify the Secretary of
the request via electronic means by not later than 24
hours after receiving the request; and
(B) by not later than 10 business days after the
date on which the Division Commander notifies the
Secretary under subparagraph (A)--
(i) make a determination approving, denying,
or requesting a modification to the request; and
(ii) provide to the Secretary the
determination under clause (i); and
(2) the Secretary shall make a determination approving,
denying, or requesting a modification to the request by not
later than 10 business days after--
(A) the date on which the Division Commander
provides to the Secretary a determination in accordance
with paragraph (1)(B); or
(B) if the Division Commander does not provide to
the Secretary a determination in accordance with
paragraph (1)(B), the date on which the deadline
described in such paragraph expires.
(c) Notification.--If the Secretary does not make a determination
under subsection (b)(2) by the deadline described in that subsection,
the Secretary shall submit a notification of the failure to make a
determination with respect to the covered lease deviation, including the
reason for the failure and a description of any outstanding issues, to--
(1) the entity seeking the covered lease deviation;
(2) the members of the Oklahoma congressional delegation;
(3) the Committee on Environment and Public Works of the
Senate; and
(4) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT DEVELOPMENT.
It is the sense of Congress that--
(1) the Arctic, as defined in section 112 of the Arctic
Research and Policy Act of 1984 (Public Law 98-373), is a region
of strategic importance to the national security and maritime
transportation interests of the United States;
(2) there is a compelling national, regional, Alaska Native,
and private sector need for permanent maritime transportation
infrastructure development and for a presence in the Arctic by
the United States to assert national security interests and to
support and facilitate search and rescue, shipping safety,
economic development, oil spill prevention and response,
subsistence and commercial fishing, the establishment of ports
of refuge, Arctic research, and maritime law enforcement;
[[Page 134 STAT. 2660]]
(3) the Government of the Russian Federation has prioritized
the development of Arctic maritime transportation capabilities
and has made significant investments in military infrastructure
in the Arctic, including the construction or refurbishment of 16
deepwater ports in the region;
(4) is a serious concern that the closest United States
strategic seaports to the Arctic are the Port of Anchorage and
the Port of Tacoma, located approximately 1,500 nautical miles
and 2,400 nautical miles away from the Arctic, respectively, and
approximately 1,900 nautical miles and 2,800 nautical miles,
respectively, from Utiagvik, Alaska; and
(5) it is in the national interest to enhance existing, and
develop, maritime transportation infrastructure in the Arctic,
including an Arctic deep draft strategic seaport in Alaska, that
would allow the Coast Guard and the Navy each to perform their
respective statutory duties and functions on a permanent basis
with minimal mission interruption.
SEC. 155. <<NOTE: 33 USC 2347c.>> SMALL WATER STORAGE PROJECTS.
(a) <<NOTE: Study.>> In General.--The Secretary shall carry out a
program to study and construct new, or enlarge existing, small water
storage projects, in partnership with a non-Federal interest.
(b) Requirements.--To be eligible to participate in the program
under this section, a small water storage project shall--
(1) in the case of a new small water storage project, have a
water storage capacity of not less than 2,000 acre-feet and not
more than 30,000 acre-feet;
(2) in the case of an enlargement of an existing small water
storage project, be for an enlargement of not less than 1,000
acre-feet and not more than 30,000 acre-feet;
(3) provide--
(A) flood risk management benefits;
(B) ecological benefits; or
(C) water management, water conservation, or water
supply; and
(4) be--
(A) economically justified, environmentally
acceptable, and technically feasible; or
(B) in the case of a project providing ecological
benefits, cost-effective with respect to such benefits.
(c) Scope.--In carrying out the program under this section, the
Secretary shall give preference to a small water storage project located
in a State with a population of less than 1,000,000.
(d) <<NOTE: Time period.>> Expedited Projects.--For the 10-year
period beginning on the date of enactment of this Act, the Secretary
shall expedite small water storage projects under this section for which
applicable Federal permitting requirements have been completed.
(e) <<NOTE: Determinations.>> Use of Data.--In conducting a study
under this section, to the maximum extent practicable, the Secretary
shall--
(1) as the Secretary determines appropriate, consider and
utilize any applicable hydrologic, economic, or environmental
data that is prepared for a small water storage project under
State law as the documentation, or part of the documentation,
required to complete State water plans or other State planning
documents relating to water resources management; and
(2) consider information developed by the non-Federal
interest in relation to another study, to the extent the
Secretary
[[Page 134 STAT. 2661]]
determines such information is applicable, appropriate, or
otherwise authorized by law.
(f) Cost Share.--
(1) Study.--The Federal share of the cost of a study
conducted under this section shall be--
(A) 100 percent for costs not to exceed $100,000;
and
(B) 50 percent for any costs above $100,000.
(2) <<NOTE: Requirements.>> Construction.--A small water
storage project carried out under this section shall be subject
to the cost-sharing requirements applicable to projects under
section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213), including--
(A) municipal and industrial water supply: 100
percent non-Federal;
(B) agricultural water supply: 35 percent non-
Federal; and
(C) recreation, including recreational navigation:
50 percent of separable costs and, in the case of any
harbor or inland harbor or channel project, 50 percent
of joint and separable costs allocated to recreational
navigation.
(g) OMRRR Responsibility.--The costs of operation, maintenance,
repair, and replacement and rehabilitation for a small water storage
project constructed under this section shall be the responsibility of
the non-Federal interest.
(h) Individual Project Limit.--Not more than $65,000,000 in Federal
funds may be made available to a small water storage project under this
section.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $130,000,000 annually through
fiscal year 2030.
SEC. 156. <<NOTE: 42 USC 1962d-16 note.>> PLANNING ASSISTANCE TO
STATES.
In carrying out section 22 of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d-16), the Secretary shall provide equal priority
for all mission areas of the Corps of Engineers, including water supply
and water conservation.
SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.
Section 1222 of the Water Resources Development Act of 2018 (128
Stat. 3811) is amended by adding at the end the following:
``(c) Additional Utilization of Forecast-Informed Reservoir
Operations.--
``(1) <<NOTE: Reports. Assessment.>> In general.--Not later
than 1 year after the date of enactment of this subsection, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on any
additional opportunities identified for utilizing forecast-
informed reservoir operations across the United States,
including an assessment of the viability of forecast-informed
reservoir operations in the Upper Missouri River Basin and the
North Platte River Basin.
``(2) Forecast-informed reservoir operations.--
``(A) <<NOTE: Determination.>> Authorization.--If
the Secretary determines, and includes in the report
submitted under paragraph (1), that forecast-informed
reservoir operations are viable at a reservoir in the
Upper Missouri River Basin or the North Platte River
Basin, including a reservoir for which the Secretary has
flood control responsibilities under section
[[Page 134 STAT. 2662]]
7 of the Act of December 22, 1944 (33 U.S.C. 709), the
Secretary is authorized to carry out forecast-informed
reservoir operations at such reservoir.
``(B) <<NOTE: Determination.>> Requirement.--
Subject to the availability of appropriations, if the
Secretary determines, and includes in the report
submitted under paragraph (1), that forecast-informed
reservoir operations are viable in the Upper Missouri
River Basin or the North Platte River Basin, the
Secretary shall carry out forecast-informed reservoir
operations at not fewer than one reservoir in such
basin.''.
SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.
(a) Study on Data for Water Allocation, Supply, and Demand.--
(1) <<NOTE: Contracts.>> In general.--The Secretary shall
offer to enter into an agreement with the National Academy of
Sciences to conduct a study on the ability of Federal agencies
to coordinate with other Federal agencies, State and local
agencies, Indian Tribes, communities, universities, consortiums,
councils, and other relevant entities with expertise in water
resources to facilitate and coordinate the sharing among such
entities of water allocation, supply, and demand data,
including--
(A) any catalogs of such data;
(B) definitions of any commonly used terms relating
to water allocation, supply, and demand; and
(C) a description of any common standards used by
those entities.
(2) <<NOTE: Recommenda- tions.>> Report.--If the National
Academy of Sciences enters into an agreement under paragraph
(1), to the maximum extent practicable, not later than 1 year
after the date of enactment of this Act, the National Academy of
Sciences shall submit to Congress a report that includes--
(A) the results of the study under paragraph (1);
(B) recommendations for ways to streamline and make
cost-effective methods for Federal agencies to
coordinate interstate sharing of data, including
recommendations for the development of a publicly
accessible, internet-based platform that can allow
entities described in paragraph (1) to communicate and
coordinate ongoing data collection efforts relating to
water allocation, supply, and demand, and share best
practices relating to those efforts; and
(C) a recommendation as to an appropriate Federal
entity that should--
(i) serve as the lead coordinator for the
sharing of data relating to water allocation,
supply, and demand; and
(ii) host and manage the internet-based
platform described in subparagraph (B).
(b) <<NOTE: Public information. 33 USC 2342 note.>> Data
Transparency.--The Secretary shall prioritize making publicly available
water resources data in the custody of the Corps of Engineers, as
authorized by section 2017 of the Water Resources Development Act of
2007 (33 U.S.C. 2342).
(c) Funding.--From amounts otherwise appropriated or made available
to the Secretary, the Secretary may make available to the National
Academy of Sciences not more than $3,900,000, to be used for the review
of information provided by the Corps of
[[Page 134 STAT. 2663]]
Engineers for purposes of a study under subsection (a). The Secretary
may accept funds from another Federal agency and make such funds
available to the National Academy of Sciences, to be used for the review
of information provided by such agency for purposes of a study under
subsection (a).
SEC. 159. <<NOTE: 33 USC 2251 note prec.>> INLAND WATERWAYS PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Authorized project.--The term ``authorized project''
means a federally authorized water resources development project
for navigation on the inland waterways.
(2) Modernization activities.--The term ``modernization
activities'' means construction or major rehabilitation
activities for any authorized project.
(3) Non-federal interest.--The term ``non-Federal interest''
means any public body described in section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
(b) Authorization of Pilot Program.--The Secretary is authorized to
carry out a pilot program for modernization activities on the inland
waterways system.
(c) Implementation.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary may--
(A) accept and expend funds provided by a non-
Federal interest to carry out, for an authorized project
(or a separable element of an authorized project),
modernization activities for such project; or
(B) <<NOTE: Coordination.>> coordinate with the
non-Federal interest in order to allow the non-Federal
interest to carry out, for an authorized project (or a
separable element of an authorized project), such
modernization activities.
(2) Number.--The Secretary shall select not more than 2
authorized projects to participate in the pilot program under
paragraph (1).
(3) Conditions.--Before carrying out modernization
activities pursuant to paragraph (1)(B), a non-Federal interest
shall--
(A) <<NOTE: Permits.>> obtain any permit or
approval required in connection with such activities
under Federal or State law that would be required if the
Secretary were to carry out such activities; and
(B) ensure that a final environmental impact
statement or environmental assessment, as appropriate,
for such activities has been filed pursuant to the
National Environmental Policy Act of 1969.
(4) <<NOTE: Audit.>> Monitoring.--For any modernization
activities carried out by the non-Federal interest pursuant to
this section, the Secretary shall regularly monitor and audit
such activities to ensure that--
(A) the modernization activities are carried out in
accordance with this section; and
(B) the cost of the modernization activities is
reasonable.
(5) <<NOTE: Applicability.>> Requirements.--The
requirements of section 3142 of title 40, United States Code
shall apply to any modernization activities undertaken under or
pursuant to this section, either by the Secretary or the non-
Federal interest.
(d) <<NOTE: Contracts.>> Agreements.--
[[Page 134 STAT. 2664]]
(1) Activities carried out by non-federal interest.--
(A) In general.--
(i) Written agreement.--Before a non-Federal
interest initiates modernization activities for an
authorized project pursuant to this subsection
(c)(1)(B), the non-Federal interest shall enter
into a written agreement with the Secretary, under
section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b), that requires the modernization
activities to be carried out in accordance with--
(I) <<NOTE: Plan.>> a plan approved
by the Secretary; and
(II) any other terms and conditions
specified by the Secretary in the
agreement.
(ii) <<NOTE: Compliance. Determination.>>
Requirements.--A written agreement under clause
(i) shall provide that the non-Federal interest
shall comply with the same legal and technical
requirements that would apply if the modernization
activities were carried out by the Secretary,
including all mitigation required to offset
environmental impacts of the activities, as
determined by the Secretary.
(B) Alignment with ongoing activities.--A written
agreement under subparagraph (A) shall include
provisions that, to the maximum extent practicable,
align modernization activities under this section with
ongoing operations and maintenance activities for the
applicable authorized project.
(C) Indemnification.--As part of a written agreement
under subparagraph (A), the non-Federal interest shall
agree to hold and save the United States free from
liability for any and all damage that arises from the
modernization activities carried out by the non-Federal
interest pursuant to this section.
(2) Activities carried out by secretary.--For modernization
activities to be carried out by the Secretary pursuant to
subsection (c)(1)(A), the non-Federal interest shall enter into
a written agreement with the Secretary, containing such terms
and conditions as the Secretary determines appropriate.
(e) Reimbursement.--
(1) Authorization.--Subject to the availability of
appropriations, the Secretary may reimburse a non-Federal
interest for the costs of modernization activities carried out
by the non-Federal interest pursuant to an agreement entered
into under subsection (d), or for funds provided to the
Secretary under subsection (c)(1)(A), if--
(A) the non-Federal interest complies with the
agreement entered into under subsection (d); and
(B) <<NOTE: Determination.>> with respect to
modernization activities carried out by the non-Federal
interest pursuant to the agreement, the Secretary
determines that the non-Federal interest complied with
all applicable Federal requirements in carrying out the
modernization activities.
(2) Limitation.--The Secretary may only reimburse a non-
Federal interest under paragraph (1) for costs of construction
that would otherwise be paid from amounts appropriated from the
general fund of the Treasury pursuant to section 102 of the
Water Resources Development Act of 1986 (33 U.S.C. 2212).
(f) Rule of Construction.--Nothing in this section--
[[Page 134 STAT. 2665]]
(1) affects the responsibility of the Secretary for the
operations and maintenance of the inland waterway system, as of
the day before the date of enactment of this Act, including the
responsibility of the Secretary for the operations and
maintenance costs for any covered project after the
modernization activities are completed pursuant to this section;
(2) prohibits or prevents the use of Federal funds for
operations and maintenance of the inland waterway system or any
authorized project within the inland waterway system; or
(3) prohibits or prevents the use of Federal funds for
construction or major rehabilitation activities within the
inland waterway system or for any authorized project within the
inland waterway system.
(g) Notification.--If a non-Federal interest notifies the Secretary
that the non-Federal interest intends to carry out modernization
activities for an authorized project, or separable element thereof,
pursuant to this section, the Secretary shall provide written notice to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives concerning the intent of the non-Federal interest.
(h) Sunset.--
(1) In general.--The authority of the Secretary to enter
into an agreement under this section shall terminate on the date
that is 5 years after the date of enactment of this Act.
(2) Reimbursement eligibility.--The termination of authority
under paragraph (1) shall not extinguish the eligibility of a
non-Federal interest to seek reimbursement under subsection (e).
SEC. 160. <<NOTE: 33 USC 2201 note.>> DEFINITION OF ECONOMICALLY
DISADVANTAGED COMMUNITY.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall issue guidance
defining the term ``economically disadvantaged community'' for the
purposes of this Act and the amendments made by this Act.
(b) Considerations.--In defining the term ``economically
disadvantaged community'' under subsection (a), the Secretary shall, to
the maximum extent practicable, utilize the criteria under paragraph (1)
or (2) of section 301(a) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3161), to the extent that such criteria are
applicable in relation to the development of water resources development
projects.
(c) <<NOTE: Notice.>> Public Comment.--In developing the guidance
under subsection (a), the Secretary shall provide notice and an
opportunity for public comment.
SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
(a) In General.--Section 203 of the Water Resources Development Act
of 1986 (33 U.S.C. 2231) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, or, upon the
written approval of the Secretary that the modifications
are consistent with the authorized purposes of the
project, undertake a feasibility study on modifications
to a water resources development project constructed by
the Corps
[[Page 134 STAT. 2666]]
of Engineers,'' after ``water resources development
project''; and
(B) in paragraph (2), by striking ``for feasibility
studies'' and all that follows through the period at the
end and inserting ``for the formulation of feasibility
studies of water resources development projects
undertaken by non-Federal interests to--
``(A) <<NOTE: Assessment. Compliance.>> ensure that
any feasibility study with respect to which the
Secretary submits an assessment to Congress under
subsection (c) complies with all of the requirements
that would apply to a feasibility study undertaken by
the Secretary; and
``(B) provide sufficient information for the
formulation of the studies, including processes and
procedures related to reviews and assistance under
subsection (e).'';
(2) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) <<NOTE: Assessment. Compliance.>> Timing.--The
Secretary may not submit to Congress an assessment of a
feasibility study under this section until such time as the
Secretary--
``(A) <<NOTE: Determination.>> determines that the
feasibility study complies with all of the requirements
that would apply to a feasibility study undertaken by
the Secretary; and
``(B) <<NOTE: Analyses. Reviews.>> completes all of
the Federal analyses, reviews, and compliance processes
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), that would be required with
respect to the proposed project if the Secretary had
undertaken the feasibility study.
``(3) Initiation of review.--
``(A) Request.--
``(i) Submission.--The non-Federal interest
may submit to the Secretary a request that the
Secretary initiate the analyses, reviews, and
compliance processes described in paragraph (2)(B)
with respect to the proposed project prior to the
non-Federal interest's submission of a feasibility
study under subsection (a)(1).
``(ii) Effect.--Receipt by the Secretary of a
request submitted under clause (i) shall be
considered the receipt of a proposal or
application that will lead to a major Federal
action that is subject to the requirements of
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
would be required if the Secretary were to
undertake the feasibility study.
``(B) Deadline.--Not later than 10 days after the
Secretary receives a request under this paragraph, the
Secretary shall begin the required analyses, reviews,
and compliance processes.
``(4) <<NOTE: Timeline.>> Notification.--Upon receipt of a
request under paragraph (3), the Secretary shall notify the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works
[[Page 134 STAT. 2667]]
of the Senate of the request and a timeline for completion of
the required analyses, reviews, and compliance processes.
``(5) <<NOTE: Deadlines. Notification.>> Status updates.--
Not later than 30 days after receiving a request under paragraph
(3), and every 30 days thereafter until the Secretary submits an
assessment under subsection (c) for the applicable feasibility
study, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, and the non-Federal interest of the status of the
Secretary's required analyses, reviews, and compliance
processes.''; and
(3) in subsection (c)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``after the date of receipt of a
feasibility study of a project under subsection (a)(1)''
and insert ``after the completion of review of a
feasibility study under subsection (b)''; and
(B) by striking ``a report'' and inserting ``an
assessment''.
(b) <<NOTE: Guidelines. 33 USC 2231 note.>> Deadline.--Not later
than 90 days after the date of enactment of this Act, the Secretary
shall issue revised guidelines under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231) to implement the amendments
made by this section.
(c) <<NOTE: 33 USC 2231 note.>> Hold Harmless.--
(1) One-year window.--The amendments made by this section
shall not apply to any feasibility study submitted to the
Secretary under section 203 of the Water Resources Development
Act of 1986 (33 U.S.C. 2231) during the one-year period prior to
the date of enactment of this section.
(2) 2020 projects.--The amendments made by this section
shall not apply to any project authorized by section 403 of this
Act.
SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER
SUPPLY.
Section 1118(i) of the Water Resources Development Act of 2016 (43
U.S.C. 390b-2(i)) is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(1) Contributed funds for corps projects.--The Secretary
may''; and
(2) by adding at the end the following:
``(2) Contributed funds for other federal reservoir
projects.--The Secretary is authorized to receive and expend
funds from a non-Federal interest to formulate, review, or
revise operational documents, pursuant to a proposal submitted
in accordance subsection (a), for any reservoir for which the
Secretary is authorized to prescribe regulations for the use of
storage allocated for flood control or navigation pursuant to
section 7 of the Act of December 22, 1944 (33 U.S.C. 709).''.
SEC. 163. <<NOTE: Determination.>> SENSE OF CONGRESS ON REMOVAL
OF UNAUTHORIZED, MANMADE, FLAMMABLE
MATERIALS ON CORPS PROPERTY.
It is the sense of Congress that the Secretary should, using
existing authorities, prioritize the removal, from facilities and lands
of the Corps of Engineers in regions that are urban and arid, of
materials that are manmade, flammable, unauthorized to be
[[Page 134 STAT. 2668]]
present, and determined by the Secretary to pose a fire risk that is a
threat to public safety.
SEC. 164. ENHANCED DEVELOPMENT PROGRAM.
(a) <<NOTE: Review.>> In General.--The Secretary shall review the
master plan and shoreline management plan for any lake described in
section 3134 of the Water Resources Development Act of 2007 (121 Stat.
1142; 130 Stat. 1671) for the purpose of identifying structures or other
improvements that are owned by the Secretary and are suitable for
enhanced development, if--
(1) the master plan and shoreline management plan of the
lake have been updated since January 1, 2013; and
(2) the applicable district office of the Corps of Engineers
has received a written request for such a review from any
entity.
(b) Definition of Enhanced Development.--In this section, the term
``enhanced development'' means the use, for non-water-dependent
commercial or hospitality industry purposes or for residential or
recreational purposes, of an existing structure or other improvement.
(c) <<NOTE: Deadline.>> Divestment Authority.--Not later than 1
year after the date of enactment of this Act, the Secretary shall--
(1) <<NOTE: Reports.>> submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies--
(A) any structure or other improvement owned by the
Secretary that--
(i) has been identified as suitable for
enhanced development pursuant to subsection (a);
(ii) the Secretary determines the divestment
of which would not adversely affect the Corps of
Engineers operation of the lake at which the
structure or other improvement is located; and
(iii) a non-Federal interest has offered to
purchase from the Secretary; and
(B) the fair market value of any structure or other
improvement identified under subparagraph (A); and
(2) <<NOTE: Plan.>> develop a plan to divest any structure
or other improvement identified under paragraph (1)(A), at fair
market value, to the applicable non-Federal interest.
SEC. 165. <<NOTE: 33 USC 2201 note.>> CONTINUING AUTHORITY
PROGRAMS.
(a) Pilot Program for Continuing Authority Projects in Small or
Disadvantaged Communities.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall implement a pilot program, in accordance with this
subsection, for carrying out a project under a continuing
authority program for an economically disadvantaged community.
(2) Participation in pilot program.--In carrying out
paragraph (1), the Secretary shall--
(A) <<NOTE: Notice. Federal
Register, publication.>> publish a notice in the
Federal Register that requests non-Federal interest
proposals for a project under a continuing authority
program for an economically disadvantaged community; and
[[Page 134 STAT. 2669]]
(B) <<NOTE: Review.>> review such proposals and
select a total of 10 projects, taking into consideration
geographic diversity among the selected projects.
(3) Cost share.--Notwithstanding the cost share authorized
for the applicable continuing authority program, the Federal
share of the cost of a project selected under paragraph (2)
shall be 100 percent.
(4) Sunset.--The authority to commence pursuant to this
subsection a project selected under paragraph (2) shall
terminate on the date that is 10 years after the date of
enactment of this Act.
(5) Continuing authority program defined.--In this
subsection, the term ``continuing authority program'' has the
meaning given that term in section 7001(c)(1)(D) of Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
(b) Authorizations of Appropriations.--
(1) Emergency streambank and shoreline protection.--
Notwithstanding section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r), there is authorized to be appropriated to carry
out such section $25,500,000 for each of fiscal years 2021
through 2024.
(2) Storm and hurricane restoration and impact minimization
program.--Notwithstanding section 3(c) of the Act of August 13,
1946 (33 U.S.C. 426g(c)), there is authorized to be appropriated
to carry out such section $38,000,000 for each of fiscal years
2021 through 2024.
(3) Small river and harbor improvement projects.--
Notwithstanding section 107(a) of the River and Harbor Act of
1960 (33 U.S.C. 577(a)), there is authorized to be appropriated
to carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(4) Regional sediment management.--Notwithstanding section
204(g) of the Water Resources Development Act of 1992 (33 U.S.C.
2326(g)), there is authorized to be appropriated to carry out
such section $63,000,000 for each of fiscal years 2021 through
2024.
(5) Small flood control projects.--Notwithstanding section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), there is
authorized to be appropriated to carry out such section
$69,250,000 for each of fiscal years 2021 through 2024.
(6) Aquatic ecosystem restoration.--Notwithstanding section
206(f) of the Water Resources Development Act of 1996 (33 U.S.C.
2330(f)), there is authorized to be appropriated to carry out
such section $63,000,000 for each of fiscal years 2021 through
2024.
(7) Removal of obstructions; clearing channels.--
Notwithstanding section 2 of the Act of August 28, 1937 (33
U.S.C. 701g), there is authorized to be appropriated to carry
out such section $8,000,000 for each of fiscal years 2021
through 2024.
(8) Project modifications for improvement of environment.--
Notwithstanding section 1135(h) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(h)), there is
authorized to be appropriated to carry out such section
$50,500,000 for each of fiscal years 2021 through 2024.
[[Page 134 STAT. 2670]]
TITLE II--STUDIES AND REPORTS
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) In General.--The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress:
(1) Sulphur river, arkansas and texas.--Project for
ecosystem restoration, Sulphur River, Arkansas and Texas.
(2) Cable creek, california.--Project for flood risk
management, water supply, and related benefits, Cable Creek,
California.
(3) Oroville dam, california.--Project for dam safety
improvements, Oroville Dam, California.
(4) Rio hondo channel, california.--Project for ecosystem
restoration, Rio Hondo Channel, San Gabriel River, California.
(5) Shingle creek and kissimmee river, florida.--Project for
ecosystem restoration and water storage, Shingle Creek and
Kissimmee River, Osceola County, Florida.
(6) St. john's river and lake jesup, florida.--Project for
ecosystem restoration, St. John's River and Lake Jesup, Florida.
(7) Chicago area waterways system, illinois.--Project for
ecosystem restoration, recreation, and other purposes, Illinois
River, Chicago River, Calumet River, Grand Calumet River, Little
Calumet River, and other waterways in the vicinity of Chicago,
Illinois.
(8) Fox river, illinois.--Project for flood risk management,
Fox River, Illinois.
(9) Lower missouri river, kansas.--Project for bank
stabilization and navigation, Lower Missouri River, Sioux City,
Kansas.
(10) Tangipahoa parish, louisiana.--Project for flood risk
management, Tangipahoa Parish, Louisiana.
(11) Newbury and newburyport, massachusetts.--Project for
coastal storm risk management, Newbury and Newburyport,
Massachusetts.
(12) Escatawpa river basin, mississippi.--Project for flood
risk management and ecosystem restoration, Escatawpa River,
Jackson County, Mississippi.
(13) Long beach, bay st. louis and mississippi sound,
mississippi.--Project for hurricane and storm damage risk
reduction and flood risk management, Long Beach, Bay St. Louis
and Mississippi Sound, Mississippi.
(14) Tallahoma and tallahala creeks, mississippi.--Project
for flood risk management, Leaf River, Jones County,
Mississippi.
(15) Lower missouri river, missouri.--Project for
navigation, Lower Missouri River, Missouri.
(16) Lower osage river basin, missouri.--Project for
ecosystem restoration, Lower Osage River Basin, Missouri.
[[Page 134 STAT. 2671]]
(17) Wyatt, missouri.--Project for flood risk management, P.
Fields Pump Station, Wyatt, Missouri.
(18) Upper basin and stony brook (green brook sub-basin),
raritan river basin, new jersey.--Reevaluation of the Upper
Basin and Stony Brook portions of the project for flood control,
Green Brook Sub-basin, Raritan River Basin, New Jersey,
authorized by section 401 of the Water Resources Development Act
of 1986 (100 Stat. 4119), including the evaluation of
nonstructural measures to achieve the project purpose.
(19) Wading river creek, new york.--Project for hurricane
and storm damage risk reduction, flood risk management,
navigation, and ecosystem restoration, Wading River Creek, New
York.
(20) Lower columbia river basin (turning basin), oregon and
washington.--Project to improve and add turning basins for the
project for navigation, Columbia River Channel, Oregon and
Washington, authorized by section 101(b)(13) of the Water
Resources Development Act of 1999 (113 Stat. 280).
(21) Williamsport, pennsylvania.--Project for flood risk
management and levee rehabilitation, greater Williamsport,
Pennsylvania.
(22) City of charleston, south carolina.--Project for tidal-
and inland-related flood risk management, Charleston, South
Carolina.
(23) Chocolate bayou, texas.--Project for flood risk
management, Chocolate Bayou, Texas.
(24) Houston-galveston, texas.--Project for navigation,
Houston-Galveston, Texas.
(25) Port arthur and orange county, texas.--Project for
flood risk management, Port Arthur and Orange County, Texas,
including construction of improvements to interior drainage.
(26) Port of victoria, texas.--Project for flood risk
management, Port of Victoria, Texas.
(27) Virginia beach and vicinity, virginia and north
carolina.--Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia and North Carolina.
(b) <<NOTE: Texas.>> Special Rule.--The Secretary shall consider
any study carried out by the Secretary to formulate the project for
flood risk management, Port Arthur and Orange County, Texas, identified
in subsection (a)(25) to be a continuation of the study carried out for
Sabine Pass to Galveston Bay, Texas, authorized by a resolution of the
Committee on Environment and Public Works of the Senate, approved June
23, 2004, and funded by title IV of division B of the Bipartisan Budget
Act of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT
OF THE ARMY--CONSTRUCTION'' (Public Law 115-123; 132 Stat. 76).
SEC. 202. EXPEDITED COMPLETIONS.
(a) <<NOTE: Determination. State listing.>> Feasibility Reports.--
The Secretary shall expedite the completion of a feasibility study for
each of the following projects, and if the Secretary determines that the
project is justified in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the project:
(1) Project for navigation, Florence, Alabama.
[[Page 134 STAT. 2672]]
(2) Project to modify the project for navigation, Tennessee-
Tombigbee Waterway, Alabama, Kentucky, Mississippi, and
Tennessee.
(3) <<NOTE: American Samoa.>> Project for shoreline
stabilization, Aunu`u Harbor, American Samoa.
(4) <<NOTE: American Samoa.>> Project for shoreline
stabilization, Tutuila Island, American Samoa.
(5) Project for flood risk management, Lower Santa Cruz
River, Arizona.
(6) Project for flood risk management, Rio de Flag, Arizona.
(7) Project for flood risk management, Tonto Creek, Gila
River, Arizona.
(8) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(9) Project for shoreline stabilization, Del Mar Bluffs, San
Diego County, California, carried out pursuant to the resolution
of the Committee on Transportation and Infrastructure of the
House of Representatives adopted on April 22, 1999 (docket
number 2598).
(10) Project for flood damage reduction and ecosystem
restoration, Del Rosa Channel, city of San Bernardino,
California.
(11) Project for flood risk management, Lower Cache Creek,
California.
(12) Project for flood damage reduction and ecosystem
restoration, Mission-Zanja Channel, cities of San Bernardino and
Redlands, California.
(13) Project for flood risk management, Napa, California.
(14) Project for shoreline protection, Oceanside,
California, authorized pursuant to section 414 of the Water
Resources Development Act of 2000 (114 Stat. 2636; 121 Stat.
1176).
(15) Project for ecosystem restoration and water
conservation, Prado Basin, Orange, Riverside, and San Bernardino
counties, California.
(16) Project for water conservation and water supply,
Redbank and Fancher Creeks, California.
(17) Project for coastal storm damage reduction, San Diego
County shoreline, California.
(18) Project to modify the project for navigation, San
Francisco Bay to Stockton, California.
(19) Project for flood risk management, San Francisquito
Creek, California.
(20) Project to modify the Seven Oaks Dam, California,
portion of the project for flood control, Santa Ana River
Mainstem, California, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4113; 101 Stat.
1329-111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to
include water conservation as an authorized purpose.
(21) Project for coastal storm damage reduction, Southern
California.
(22) Project for water storage, Halligan Dam, Colorado.
(23) Project for flood risk management, East Hartford Levee
System, Connecticut.
(24) Project for flood risk management, Fairfield and New
Haven Counties, Connecticut.
(25) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.
[[Page 134 STAT. 2673]]
(26) Project for flood risk management, Hartford Levee
System, Connecticut.
(27) Project for ecosystem restoration, Central and Southern
Florida Project Canal 111 (C-111), South Dade County, Florida.
(28) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(29) Project for ecosystem restoration, Western Everglades,
Florida.
(30) Project for flood risk management, Hanapepe River,
Kauai, Hawaii.
(31) Project for flood risk management, Wailupe Stream,
Oahu, Hawaii.
(32) Project for flood risk management, Waimea River, Kauai,
Hawaii, being carried out under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s).
(33) Project for comprehensive hurricane and storm damage
risk reduction and shoreline erosion protection, Chicago,
Illinois, authorized by section 101(a)(12) of the Water
Resources Development Act of 1996 (110 Stat. 3664; 113 Stat.
302).
(34) Project for flood risk management, Wheaton, DuPage
County, Illinois.
(35) Project for flood damage reduction, ecosystem
restoration, and recreation, Blue River Basin, Kansas City,
Kansas, carried out pursuant to the resolution of the Committee
on Transportation and Infrastructure of the House of
Representatives adopted on September 24, 2008 (docket number
2803).
(36) Project for flood control, Amite River and Tributaries
east of the Mississippi River, Louisiana.
(37) Project for coastal storm risk management, Upper
Barataria Basin, Louisiana.
(38) Project for navigation, Kent Narrows and Chester River,
Queen Anne's County, Maryland.
(39) Project to replace the Bourne and Sagamore Bridges,
Cape Cod, Massachusetts.
(40) Project for flood risk management, ecosystem
restoration, and recreation, Lower St. Croix River, Minnesota,
carried out pursuant to the resolution of the Committee on
Transportation and Infrastructure of the House of
Representatives adopted on September 25, 2002 (docket number
2705).
(41) Project to deepen the project for navigation, Gulfport
Harbor, Mississippi, authorized by section 202(a) of the Water
Resources Development Act of 1986 (100 Stat. 4094).
(42) Project for navigation, Shark River, New Jersey.
(43) Project for navigation, Goldsmith Inlet, New York.
(44) Project for navigation, Lake Montauk Harbor, New York.
(45) Project for rehabilitation of Lock E-32, Erie Canal,
Pittsford, New York.
(46) Project for navigation and shoreline stabilization,
Reel Point Preserve, New York, carried out pursuant to the
resolution of the Committee on Transportation and Infrastructure
of the House of Representatives adopted on May 2, 2007 (docket
number 2775).
(47) Project for flood risk management, Rondout Creek-
Wallkill River Watershed, New York, carried out pursuant to
[[Page 134 STAT. 2674]]
the resolution of the Committee on Transportation and
Infrastructure of the House of Representatives adopted on May 2,
2007 (docket number 2776).
(48) Project for ecosystem restoration and hurricane and
storm damage risk reduction, Spring Creek South (Howard Beach),
Queens, New York.
(49) Project for ecosystem restoration, Hood River at the
confluence with the Columbia River, Oregon.
(50) Project to resolve increased silting and shoaling
adjacent to the Federal channel, Port of Bandon, Coquille River,
Oregon.
(51) Project for flood control, 42nd Street Levee,
Springfield, Oregon, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(52) Project for construction of Tribal housing authorized
by title IV of Public Law 100-581 (102 Stat. 2944), Oregon and
Washington.
(53) Project for flood risk management, Dorchester County,
South Carolina.
(54) Project for navigation, Georgetown Harbor, South
Carolina.
(55) Project for hurricane and storm damage risk reduction,
Myrtle Beach, South Carolina.
(56) Project to modify the projects for navigation and other
purposes, Old Hickory Lock and Dam and the Cordell Hull Dam and
Reservoir, Cumberland River, Tennessee, authorized by the Act of
July 24, 1946 (chapter 595, 60 Stat. 636), to add flood risk
management as an authorized purpose.
(57) Project for flood risk management, Buffalo Bayou,
Texas.
(58) Project for flood risk management, ecosystem
restoration, water supply, and related purposes, Lower Rio
Grande River, Cameron County, Texas, carried out pursuant to the
resolution of the Committee on Transportation and Infrastructure
of the House of Representatives adopted on May 21, 2003 (docket
number 2710).
(59) <<NOTE: U.S. Virgin Islands.>> Project for hurricane
and storm damage risk reduction and shoreline erosion
protection, Bolongo Bay, St. Thomas, United States Virgin
Islands.
(60) Project for water supply and ecosystem restoration,
Howard Hanson Dam, Washington.
(61) Project for ecosystem restoration, Puget Sound,
Washington.
(62) Project for navigation, Seattle Harbor, Washington.
(63) Project for navigation, Tacoma Harbor, Washington.
(64) Project for dam safety remediation, Bluestone Dam, West
Virginia.
(65) Project to modify the project for navigation, Milwaukee
Harbor, Wisconsin.
(b) <<NOTE: Arizona. Iowa.>> Post-authorization Change Reports.--
The Secretary shall expedite completion of a post-authorization change
report for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona.
(2) Project for flood risk management, Des Moines Levee
System, including Birdland Park Levee, Des Moines and Raccoon
Rivers, Des Moines, Iowa.
[[Page 134 STAT. 2675]]
(c) <<NOTE: State listing.>> Watershed and River Basin
Assessments.--The Secretary shall expedite the completion of an
assessment under section 729 of the Water Resources Development Act of
1986 (33 U.S.C. 2267a) for the following:
(1) Kansas River Basin, Kansas.
(2) Merrimack River Basin, Massachusetts.
(3) Pascagoula River Basin, Mississippi.
(4) Tuscarawas River Basin, Ohio.
(5) Lower Fox River Basin, Wisconsin.
(6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
(d) <<NOTE: California.>> Disposition Studies.--The Secretary shall
expedite the completion of a disposition study, carried out under
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), for the
project for Salinas Reservoir (Santa Margarita Lake), California.
(e) <<NOTE: Texas.>> Reallocation Studies.--The Secretary shall
expedite the completion of a study for the reallocation of water supply
storage, carried out in accordance with section 301 of the Water Supply
Act of 1958 (43 U.S.C. 390b), for the following:
(1) Aquilla Lake, Texas.
(2) Lake Whitney, Texas.
(f) Economic Reevaluation Report.--The Secretary shall expedite the
completion of the economic reevaluation report for the navigation and
sustainability program carried out pursuant to title VIII of the Water
Resources Development Act of 2007 (33 U.S.C. 652 note).
SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
(a) <<NOTE: Determination.>> In General.--The Secretary shall
expedite the completion of the following feasibility studies, as
modified by this section, and if the Secretary determines that a project
that is the subject of the feasibility study is justified in a completed
report, may proceed directly to preconstruction planning, engineering,
and design of the project:
(1) <<NOTE: Investigations.>> San francisco bay,
california.--The study for flood risk reduction authorized by
section 142 of the Water Resources Development Act of 1976 (90
Stat. 2930), is modified to authorize the Secretary to--
(A) investigate the ocean shoreline of San Mateo,
San Francisco, and Marin Counties for the purposes of
providing flood protection against tidal and fluvial
flooding;
(B) with respect to the bay and ocean shorelines of
San Mateo, San Francisco, and Marin Counties,
investigate measures to adapt to rising sea levels; and
(C) with respect to the bay and ocean shorelines,
and streams running to the bay and ocean shorelines, of
San Mateo, San Francisco, and Marin Counties,
investigate the effects of proposed flood protection and
other measures or improvements on--
(i) the local economy;
(ii) habitat restoration, enhancement, or
expansion efforts or opportunities;
(iii) public infrastructure protection and
improvement;
(iv) stormwater runoff capacity and control
measures, including those that may mitigate
flooding;
(v) erosion of beaches and coasts; and
[[Page 134 STAT. 2676]]
(vi) any other measures or improvements
relevant to adapting to rising sea levels.
(2) Sacramento river, southern sutter county, california.--
The study for flood control and allied purposes for the
Sacramento River Basin, authorized by section 209 of the Flood
Control Act of 1962 (76 Stat. 1197), is modified to authorize
the Secretary to conduct a study for flood risk management,
southern Sutter County between the Sacramento River and Sutter
Bypass, California.
(3) Salton sea, california.--In carrying out the program to
implement projects to restore the Salton Sea, California,
authorized by section 3032 of the Water Resources Development
Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary is
authorized to carry out a study for the construction of a
perimeter lake, or a northern or southern subset thereof, for
the Salton Sea, California.
(4) New york and new jersey harbor and tributaries, new york
and new jersey.--The study for flood and storm damage reduction
for the New York and New Jersey Harbor and Tributaries project,
authorized by the Act of June 15, 1955 (chapter 140, 69 Stat.
132), and being carried out pursuant to the Disaster Relief
Appropriations Act, 2013 (Public Law 113-2), is modified to
require the Secretary to--
(A) <<NOTE: Evaluation.>> evaluate and address the
impacts of low-frequency precipitation and sea-level
rise on the study area;
(B) <<NOTE: Consultation.>> consult with affected
communities; and
(C) ensure the study is carried out in accordance
with section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c).
(b) Considerations.--Where appropriate, the Secretary may use the
authority provided by section 216 of the Flood Control Act of 1970 (33
U.S.C. 549a) to carry out this section.
SEC. 204. <<NOTE: State listing.>> ASSISTANCE TO NON-FEDERAL
SPONSORS; FEASIBILITY ANALYSIS.
(a) Assistance to Non-Federal Sponsors.--
(1) In general.--Subject to the availability of
appropriations, during the period during which a non-Federal
interest may submit a proposal to be considered for inclusion in
an annual report pursuant to section 7001(b) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(b)), the Secretary is authorized to provide assistance in
accordance with section 1104(b) of the Water Resources
Development Act of 2018 (33 U.S.C. 2282d note) to the non-
Federal interest of a project proposal described in paragraph
(2).
(2) Project proposals described.--A project proposal
referred to in paragraph (1) is a proposal for any of the
following:
(A) A feasibility study for a fish passage for
ecosystem restoration, Lower Alabama River, Alabama.
(B) A feasibility study for dredged material
disposal management activities, Port of Florence,
Alabama.
(C) A feasibility study for a project for flood risk
management, Sikorsky Memorial Airport, Bridgeport,
Connecticut.
[[Page 134 STAT. 2677]]
(D) A feasibility study for a project to design and
construct the Naugatuck River Greenway Trail, a multiuse
trail on Federal land between Torrington and Derby,
Connecticut.
(E) A feasibility study for a project for coastal
and flood risk management, Stratford, Connecticut.
(F) A feasibility study for projects for flood risk
management, Woodbridge, Connecticut.
(G) The project for flood risk management,
Bloomington, Indiana.
(H) The project for flood risk management, Gary,
Indiana.
(I) Modification of the project for beach erosion
and hurricane protection, Grand Isle, Louisiana, to
include periodic beach nourishment.
(J) A feasibility study for a project for flood risk
management, Cataouatche Subbasin area of the west bank
of Jefferson Parish, Louisiana.
(K) A feasibility study for projects for flood risk
management and storm damage reduction in the Hoey's
Basin area of the east bank of Jefferson Parish,
Louisiana, including a study of the ``pump to the
river'' concept.
(L) A feasibility study for a project for flood risk
management, Hoosic River, Massachusetts.
(M) Modification of the project for navigation,
River Rouge, Michigan.
(N) A project to extend dredging of the South Haven
Harbor, Michigan, to include the former turning basin.
(O) Modification of the project for flood risk
management, Upper Rouge River, Wayne County, Michigan.
(P) A project for aquatic and riparian ecosystem
restoration, Line Creek, Riverside, Missouri.
(Q) A feasibility study for projects for ecosystem
restoration, Bangert Island, St. Charles, Missouri,
related to channels and aquatic habitats.
(R) <<NOTE: Consultation. Native Americans.>> A
study of the resiliency of the Allegheny Reservoir, New
York, in consultation with the Seneca Nation.
(S) A feasibility study for the rehabilitation of
the tainter gates and guard gate, Caughdenoy Dam, New
York, including an evaluation of the rehabilitation work
necessary to extend the service life of those
structures, such as--
(i) improvements to the hydraulic efficiency
of the gate systems;
(ii) improvements to the concrete foundation
and gate support structures; and
(iii) any other improvements the Secretary
determines to be necessary.
(T) A project for repairs to the West Pier and West
Barrier Bar, Little Sodus Bay Harbor, Cayuga County, New
York.
(U) A project for repair of a sheet pile wall and
east breakwater, Great Sodus Bay, New York.
(V) A feasibility study for the project for
navigation, Port of Oswego, New York.
(W) A feasibility study for potential projects for
the rehabilitation of the Glens Falls Feeder Canal,
which
[[Page 134 STAT. 2678]]
begins at the Feeder Dam intersection with the Hudson
River in Queensbury, New York, and runs to the
confluence of the Old Champlain Canal in Kingsbury, New
York.
(X) A feasibility study to determine whether the
purchase of additional flood easements, changes in lake
level management, additional levee infrastructure, or
implementation of other flood risk management or
containment mechanisms in the Arkansas River Basin,
Oklahoma, would benefit local communities by reducing
flood risks around water resources development projects
of the Corps of Engineers in a range of different flood
scenarios.
(Y) A feasibility study on increasing the frequency
and depth of dredging assistance from the Corps of
Engineers at the Port of Astoria, located at the mouth
of the Columbia River, Oregon.
(b) Feasibility Analysis.--
(1) <<NOTE: Review.>> In general.--Subject to the
availability of appropriations, the Secretary is authorized to
review a project proposal described in paragraph (2) and issue a
report to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives on whether a modification to the
project that is the subject of the proposal is necessary and
recommended to carry out the authorized purposes of such
project.
(2) <<NOTE: State listing.>> Project proposals described.--
A project proposal referred to in paragraph (1) is a proposal to
modify any of the following:
(A) The project for environmental infrastructure,
City of Sheffield, Alabama, authorized pursuant to
section 219(f)(78) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
1258; 130 Stat. 1687).
(B) The project for environmental infrastructure,
Calaveras County, California, under section 219(f)(86)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1259).
(C) The project for environmental infrastructure,
Charlotte County, Florida, authorized by section
219(f)(121) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1261).
(D) The Mississippi River and Tributaries project
authorized by the first section of the Act of May 15,
1928 (33 U.S.C. 702a), to include the portion of the
Ouachita River Levee System at and below Monroe,
Louisiana, to Caldwell Parish, Louisiana.
(E) The project for environmental infrastructure,
Central New Mexico, authorized by section 593 of the
Water Resources Development Act of 1999 (113 Stat. 380;
119 Stat. 2255).
(F) The project for environmental infrastructure,
Village of Whitehall, New York, authorized pursuant to
section 542 of the Water Resources Development Act of
2000 (114 Stat. 2671; 121 Stat. 1150).
(G) The project for environmental infrastructure,
Ohio and North Dakota, authorized by section 594 of the
Water Resources Development Act of 1999 (113 Stat. 383;
121 Stat. 1140; 121 Stat. 1944).
[[Page 134 STAT. 2679]]
(H) The project for flood risk management and water
supply, Tenkiller Ferry Lake, Arkansas River Basin,
Oklahoma, authorized by section 4 of the Act of June 28,
1938 (chapter 795, 52 Stat. 1218), to modify water
storage to provide for a sufficient quantity of water
supply storage space in the inactive pool storage to
support the fishery downstream from Tenkiller Reservoir.
(I) The project for environmental infrastructure,
Athens, Tennessee, authorized by section 219(f)(254) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1267).
(J) The project for environmental infrastructure,
Blaine, Tennessee, authorized by section 219(f)(255) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1267).
(K) The project for environmental infrastructure,
Claiborne County, Tennessee, authorized by section
219(f)(256) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(L) The project for environmental infrastructure,
Giles County, Tennessee, authorized by section
219(f)(257) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(M) The project for environmental infrastructure,
Grainger County, Tennessee, authorized by section
219(f)(258) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(N) The project for environmental infrastructure,
Hamilton County, Tennessee, authorized by section
219(f)(259) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(O) The project for environmental infrastructure,
Harrogate, Tennessee, authorized by section 219(f)(260)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(P) The project for environmental infrastructure,
Johnson County, Tennessee, authorized by section
219(f)(261) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(Q) The project for environmental infrastructure,
Knoxville, Tennessee, authorized by section 219(f)(262)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(R) The project for environmental infrastructure,
Lewis, Lawrence, and Wayne Counties, Tennessee,
authorized by section 219(f)(264) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 335;
121 Stat. 1268).
(S) The project for environmental infrastructure,
Nashville, Tennessee, authorized by section 219(f)(263)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(T) The project for environmental infrastructure,
Oak Ridge, Tennessee, authorized by section 219(f)(265)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
[[Page 134 STAT. 2680]]
(U) The project for environmental infrastructure,
Plateau Utility District, Morgan County, Tennessee,
authorized by section 219(f)(266) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 335;
121 Stat. 1268).
(V) The authorized funding level for critical
restoration projects, Lake Champlain watershed, Vermont
and New York, authorized by section 542 of the Water
Resources Development Act of 2000 (114 Stat. 2671; 121
Stat. 1150).
(W) The project for environmental infrastructure,
Eastern Shore and Southwest Virginia, authorized by
section 219(f)(10) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
1255).
SEC. 205. SELMA, ALABAMA.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) <<NOTE: Update.>> provides an update on the study for
flood risk management and riverbank stabilization, Selma,
Alabama, authorized by resolutions of the Committees on Public
Works and Rivers and Harbors of the House of Representatives on
June 7, 1961, and April 28, 1936, respectively, the completion
of which the Secretary was required to expedite by section 1203
of the Water Resources Development Act of 2018 (132 Stat. 3803);
and
(2) identifies project alternatives necessary to--
(A) assure the preservation of cultural and historic
values associated with national historic landmarks
within the study area; and
(B) provide flood risk management for economically
disadvantaged communities within the study area.
SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN APPALACHIA.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary, in collaboration with the Appalachian
Regional Commission established by section 14301(a) of title 40, United
States Code, shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that identifies
each Corps of Engineers facility that--
(1) is located within a distressed county or an at-risk
county (as designated by the Appalachian Regional Commission
pursuant to subparagraph (A) or (B) of section 14526(a)(1), of
title 40, United States Code), including in counties that are
experiencing high unemployment or job loss; and
(2) could be improved for purposes of economic development,
recreation, or other uses.
(b) Hydropower Facilities.--
(1) Identification of potential hydropower development.--The
Secretary shall include in the report submitted under subsection
(a) the identification of any existing nonpowered dams, located
within a distressed county or an at-risk county, with the
potential to be used to test, evaluate, pilot, demonstrate, or
deploy hydropower or energy storage technologies.
[[Page 134 STAT. 2681]]
(2) Information.--In carrying out this subsection, the
Secretary may use any information developed pursuant to section
1206 of the Water Resources Development Act of 2018 (132 Stat.
3806).
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate with any relevant National
Laboratories.
SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST
COMPREHENSIVE STUDY.
(a) <<NOTE: Determination.>> In General.--The Secretary shall carry
out a study to determine the feasibility of a project for hurricane and
storm damage risk reduction for any major metropolitan area located in
the study area for the comprehensive study authorized under the heading
``Department of the Army--Corps of Engineers--Civil--Investigations''
under the Disaster Relief Appropriations Act, 2013 (Public Law 113-2)
that was not included in a high-risk focus area identified in the study.
(b) Treatment.--A study carried out under subsection (a) shall be
considered to be a continuation of the comprehensive study described in
that subsection.
SEC. 208. SOUTH ATLANTIC COASTAL STUDY.
Section 1204 of the Water Resources Development Act of 2016 (130
Stat. 1685) is amended by adding at the end the following:
``(d) <<NOTE: Lists.>> Annual Reports.--Not later than 180 days
after the enactment of the Water Resources Development Act of 2020, and
not less frequently than annually thereafter until 2025, the Secretary
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the study under
subsection (a), on a State-by-State basis, including information on the
engagement of the Corps of Engineers with non-Federal interests,
including detailed lists of all meetings and decision outcomes
associated with those engagements.''.
SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO
BYPASS, CALIFORNIA.
(a) Comprehensive Study.--The Secretary shall conduct a
comprehensive study of the Sacramento River in the vicinity of the Yolo
Bypass System, California, to identify actions to be undertaken by the
Secretary for the comprehensive management of the Yolo Bypass System for
the purposes of flood risk management, ecosystem restoration, water
supply, hydropower, and recreation.
(b) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the comprehensive study
under subsection (a), the Secretary shall consult with the
Governor of the State of California, applicable Federal, State,
and local agencies, non-Federal interests, the Yolo Bypass and
Cache Slough Partnership, and other stakeholders.
(2) Use of existing data and prior studies.--To the maximum
extent practicable and where appropriate, the Secretary may--
(A) make use of existing data provided to the
Secretary by the entities identified in paragraph (1);
and
(B) incorporate--
(i) relevant information from prior studies
and projects carried out by the Secretary within
the study area; and
[[Page 134 STAT. 2682]]
(ii) the latest technical data and scientific
approaches to changing hydrologic and climatic
conditions.
(c) Recommendations.--
(1) In general.--In conducting the comprehensive study under
subsection (a), the Secretary may develop a recommendation to
Congress for--
(A) the construction of a water resources
development project;
(B) the structural or operational modification of an
existing water resources development project;
(C) additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
hydrologic and climatic conditions; or
(D) geographic areas within the Yolo Bypass System
for additional study by the Secretary.
(2) Additional considerations.--Any feasibility study
carried out pursuant to a recommendation under paragraph (1)(D)
shall be considered to be a continuation of the comprehensive
study authorized under subsection (a).
(d) Completion of Study; Report to Congress.--Not later than 3 years
after the date of enactment of this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report detailing--
(1) the results of the comprehensive study conducted under
subsection (a), including any recommendations developed under
subsection (c);
(2) any additional, site-specific areas within the Yolo
Bypass System where additional study for flood risk management
or ecosystem restoration projects is recommended by the
Secretary; and
(3) any interim actions relating to existing water resources
development projects undertaken by the Secretary during the
study period.
(e) Definitions.--In this section:
(1) Yolo bypass system.--The term ``Yolo Bypass System''
means the system of weirs, levees, bypass structures, and other
water resources development projects in California's Sacramento
River Valley, extending from the Fremont Weir near Woodland,
California, to the Sacramento River near Rio Vista, California,
authorized pursuant to section 2 of the Act of March 1, 1917
(chapter 144; 39 Stat. 949).
(2) Yolo bypass and cache slough partnership.--The term
``Yolo Bypass and Cache Slough Partnership'' means the group of
parties to the Yolo Bypass and Cache Slough Memorandum of
Understanding, effective May 2016, regarding collaboration and
cooperation in the Yolo Bypass and Cache Slough region.
SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.
(a) In General.--In carrying out the review of the Lake Okeechobee
regulation schedule pursuant to section 1106 of the Water Resources
Development Act of 2018 (132 Stat. 3773), the Secretary shall--
[[Page 134 STAT. 2683]]
(1) <<NOTE: Evaluation.>> evaluate the implications of
prohibiting releases from Lake Okeechobee through the S-308 and
S-80 lock and dam structures, and evaluate separately the
implications of prohibiting high volume releases through the S-
77, S-78, and S-79 lock and dam structures, on the operation of
the lake in accordance with authorized purposes and seek to
minimize unnecessary releases to coastal estuaries; and
(2) <<NOTE: Coordination.>> to the maximum extent
practicable, coordinate with the ongoing efforts of Federal and
State agencies responsible for monitoring, forecasting, and
notification of cyanobacteria levels in Lake Okeechobee.
(b) <<NOTE: Public information. Disclosure.>> Monthly Report.--Each
month, the Secretary shall make public a report, which may be based on
the Water Management Daily Operational Reports, disclosing the volumes
of water deliveries to or discharges from Lake Okeechobee & Vicinity,
Water Conservation Area I, Water Conservation Area II, Water
Conservation Area III, East Coast Canals, and the South Dade Conveyance.
Such report shall be aggregated and reported in a format designed for
the general public, using maps or other widely understood communication
tools.
(c) Effect.--In carrying out the evaluation under subsection (a)(1),
nothing shall be construed to authorize any new purpose for the
management of Lake Okeechobee or authorize the Secretary to affect any
existing authorized purpose, including flood protection and management
of Lake Okeechobee to provide water supply for all authorized users.
SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.
(a) In General.--In carrying out the comprehensive assessment of
water resources needs for the Great Lakes System under section 729 of
the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as
required by section 1219 of the Water Resources Development Act of 2018
(132 Stat. 3811), the Secretary shall--
(1) <<NOTE: Assessment. Recommenda- tions.>> taking into
account recent high lake levels within the Great Lakes, assess
and make recommendations to Congress on--
(A) coastal storm and flood risk management
measures, including measures that use natural features
and nature-based features, as those terms are defined in
section 1184 of the Water Resources Development Act of
2016 (33 U.S.C. 2289a);
(B) operation and maintenance of the Great Lakes
Navigation System, as such term is defined in section
210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238);
(C) ecosystem protection and restoration;
(D) the prevention and control of invasive species
and the effects of invasive species; and
(E) recreation associated with water resources
development projects;
(2) prioritize actions necessary to protect critical public
infrastructure, communities, and critical natural or cultural
resources; and
(3) to the maximum extent practicable and where appropriate,
utilize existing data provided to the Secretary by Federal and
State agencies, Indian Tribes, and other stakeholders, including
data obtained through other Federal programs.
[[Page 134 STAT. 2684]]
(b) Recommendations; Additional Study.--
(1) In general.--In carrying out the comprehensive
assessment described in subsection (a), the Secretary may make a
recommendation to Congress for--
(A) the construction of a water resources
development project;
(B) the structural or operational modification of an
existing water resources development project;
(C) additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
hydrologic and climatic conditions; or
(D) geographic areas within the Great Lakes System
for additional study by the Secretary.
(2) <<NOTE: New York. Illinois.>> Focus areas.--In addition
to carrying out subsection (a), to contribute to the
comprehensive assessment described in such subsection, the
Secretary is authorized to conduct feasibility studies for--
(A) the project for coastal storm resiliency, Lake
Ontario shoreline, New York; and
(B) the project for coastal storm resiliency,
Chicago shoreline, Illinois.
(3) Additional considerations.--Any feasibility study
carried out pursuant to this subsection, including pursuant to a
recommendation under paragraph (1)(D), shall be considered to be
a continuation of the comprehensive assessment described in
subsection (a).
(c) Exemption From Maximum Study Cost and Duration Limitations.--
Section 1001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282c) shall not apply to any study recommended under
subsection (b)(1)(D) or carried out pursuant to subsection (b)(2).
SEC. 212. <<NOTE: Summaries.>> REPORT ON THE STATUS OF
RESTORATION IN THE LOUISIANA COASTAL
AREA.
Not later than 1 year after the date of enactment of this Act, the
Coastal Louisiana Ecosystem Protection and Restoration Task Force
established by section 7004 of Water Resources Development Act of 2007
(121 Stat. 1272) shall submit to Congress a report that summarizes the
activities and recommendations of the Task Force, including--
(1) policies, strategies, plans, programs, projects, and
activities undertaken for addressing conservation, protection,
restoration, and maintenance of the coastal Louisiana ecosystem;
and
(2) financial participation by each agency represented on
the Task Force in conserving, protecting, restoring, and
maintaining the coastal Louisiana ecosystem.
SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
(a) Comprehensive Study.--
(1) Purpose.--The Secretary, in collaboration with the heads
of other relevant Federal agencies and pursuant to subsection
(d)(1)(A), shall conduct a comprehensive study of the Lower
Mississippi River basin, from Cape Girardeau, Missouri, to the
Gulf of Mexico, to identify recommendations of actions to be
undertaken by the Secretary, under existing authorities
[[Page 134 STAT. 2685]]
or after congressional authorization, for the comprehensive
management of the basin for the purposes of--
(A) hurricane and storm damage reduction, flood risk
management, structural and nonstructural flood control,
and floodplain management strategies;
(B) navigation;
(C) ecosystem and environmental restoration;
(D) water supply;
(E) hydropower production;
(F) recreation; and
(G) other purposes as determined by the Secretary.
(2) <<NOTE: Investigation.>> Development.--In conducting
the comprehensive study under paragraph (1), the Secretary shall
investigate--
(A) the construction of new water resources
development projects;
(B) structural and operational modifications to
completed water resources development projects within
the study area;
(C) projects proposed in the comprehensive coastal
protection master plan entitled ``Louisiana's
Comprehensive Master Plan for a Sustainable Coast'',
prepared by the State of Louisiana and accepted by the
Louisiana Coastal Protection and Restoration Authority
(including any subsequent amendments or revisions),
including--
(i) Ama sediment diversion;
(ii) Union freshwater diversion;
(iii) increase Atchafalaya flow to Terrebonne;
and
(iv) Manchac Landbridge diversion;
(D) natural features and nature-based features,
including levee setbacks and instream and floodplain
restoration;
(E) fish and wildlife habitat resources, including
in the Mississippi Sound Estuary, the Lake Pontchartrain
Basin, the Breton Sound, the Barataria Basin, the
Terrebonne Basin, the Atchafalaya Basin, the Vermilion-
Teche Basin, and other outlets of the Mississippi River
and Tributaries project;
(F) mitigation of adverse impacts from operations of
flood control structures to the Mississippi Sound
Estuary, the Lake Pontchartrain Basin, the Breton Sound,
the Barataria Basin, the Atchafalaya Basin, and other
outlets of the Mississippi River and Tributaries
project;
(G) the effects of dredging and river-bottom
elevation changes on drainage efficiency;
(H) the economic impacts of existing practices,
including such impacts on coastal resources;
(I) monitoring requirements, including as near-real
time monitoring as practicable, and adaptive management
measures to respond to changing conditions over time;
(J) the division of responsibilities among the
Federal Government and non-Federal interests with
respect to the purposes described in paragraph (1); and
(K) other matters, as determined by the Secretary.
(b) Consultation and Use of Existing Data.--In conducting the
comprehensive study under subsection (a), the Secretary shall consult
with applicable Federal, State, and local agencies, Indian Tribes, non-
Federal interests, and other stakeholders, and, to the
[[Page 134 STAT. 2686]]
maximum extent practicable and where appropriate, make use of existing
data provided to the Secretary by such entities or from any relevant
multistate monitoring programs.
(c) Recommendations.--In conducting the comprehensive study under
subsection (a), the Secretary shall develop actionable recommendations
to Congress, including for--
(1) the construction of new water resources development
projects to improve the maximum effective river resource use and
control;
(2) the structural or operational modification of completed
water resources development projects;
(3) such additional monitoring of, or adaptive management
measures to carry out with respect to, completed water resources
development projects, to respond to changing conditions;
(4) improving the efficiency of operational and maintenance
dredging within the study area;
(5) whether changes are necessary to the Mississippi River
and Tributaries project within the study area;
(6) other Federal and non-Federal action, where appropriate;
and
(7) follow-up studies and data collection and monitoring to
be carried out by the relevant Federal or State agency.
(d) Completion of Study; Report to Congress.--
(1) Annual reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the final
report under paragraph (2) is submitted, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate a report detailing--
(A) any interim actions relating to water resources
development projects within the study area undertaken by
the Secretary under existing authority; and
(B) any recommendations developed under subsection
(c).
(2) Final report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a final report detailing the results of the
comprehensive study required by this section, including the
recommendations developed under subsection (c).
(3) Application of certain requirements.--Section 1001(a) of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282c(a)) shall not apply to the study carried out by the
Secretary under this section.
(e) Further Analysis.--
(1) In general.--In conducting the comprehensive study under
subsection (a), the Secretary shall carry out activities in
geographic areas that warrant additional analysis by the Corps
of Engineers, including feasibility studies.
(2) Treatment.--A feasibility study carried out under
paragraph (1) shall be considered to be a continuation of the
comprehensive study conducted under subsection (a).
[[Page 134 STAT. 2687]]
(f) Requirements.--The comprehensive study conducted under
subsection (a) shall be carried out in accordance with the authorities
for the Mississippi River and Tributaries project.
(g) Definitions.--In this section:
(1) Mississippi river and tributaries project.--The term
``Mississippi River and Tributaries project'' means the
Mississippi River and Tributaries project authorized by the
first section of the Act of May 15, 1928 (33 U.S.C. 702a).
(2) Natural feature; nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given those terms in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
(i) Savings Provision.--Nothing in this section shall delay or
interfere with, or be construed as grounds for enjoining construction
of, authorized projects within the study area.
SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
(a) Assessment.--The Secretary shall conduct an assessment of the
water resources needs of the Upper Mississippi River under section 729
of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
(b) Requirements.--The Secretary shall carry out the assessment
under subsection (a) in accordance with the requirements in section
1206(b) of Water Resources Development Act of 2016 (130 Stat. 1686).
SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS
RESEARCH.
(a) In General.--Pursuant to section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary shall
conduct research on the management of fish losses through the mainstem
dams of the Missouri River Basin during periods of high flow.
(b) <<NOTE: Examinations.>> Contents.--The research conducted under
subsection (a) shall include an examination of--
(1) the effects of high flow rates through Upper Missouri
River Basin mainstem dam outlet works on fish passage;
(2) options used by other Corps of Engineers district
offices to mitigate fish losses through dams; and
(3) the feasibility of implementing fish loss mitigation
options in the Upper Missouri River Basin mainstem dams, based
on similar ongoing studies.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report recommending a plan
to address fish losses through mainstem dams in the Upper Missouri River
Basin.
SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD
PROTECTION.
(a) Additional Studies for Lower Missouri River Basin.--
(1) <<NOTE: Investigation. Recommenda- tions.>> In
general.--Except as provided in paragraph (2), upon the request
of the non-Federal interest for the Lower Missouri
[[Page 134 STAT. 2688]]
Basin study, the Secretary shall expand the scope of such study
to investigate and provide recommendations relating to--
(A) <<NOTE: State listing.>> modifications to
projects in Iowa, Kansas, Nebraska, and Missouri
authorized under the Pick-Sloan Missouri River Basin
Program (authorized by section 9(b) of the Act of
December 22, 1944 (chapter 665, 58 Stat. 891)) and the
Missouri River Bank Stabilization and Navigation project
(authorized by section 2 of the Act of March 2, 1945
(chapter 19, 59 Stat. 19)), including modifications to
the authorized purposes of such projects to further
flood risk management and resiliency; and
(B) modifications to non-Federal, publicly owned
levees in the Lower Missouri River Basin.
(2) <<NOTE: Determination.>> Exception.--If the Secretary
determines that expanding the scope of the Lower Missouri Basin
study as provided in paragraph (1) is not practicable, and the
non-Federal interest for such study concurs in such
determination, the Secretary shall carry out such additional
studies as are necessary to investigate the modifications
described in paragraph (1).
(3) Continuation of lower missouri basin study.--The
following studies shall be considered a continuation of the
Lower Missouri Basin study:
(A) Any additional study carried out under paragraph
(2).
(B) Any study recommended to be carried out in a
report that the Chief of Engineers prepares for the
Lower Missouri Basin study.
(C) Any study recommended to be carried out in a
report that the Chief of Engineers prepares for an
additional study carried out under paragraph (2).
(D) Any study spun off from the Lower Missouri Basin
study before the completion of such study.
(E) Any study spun off from an additional study
carried out under paragraph (2) before the completion of
such additional study.
(4) Reliance on existing information.--In carrying out any
study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing
data and analysis, including data and analysis prepared under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).
(5) Consideration; consultation.--In developing
recommendations under paragraph (1), the Secretary shall--
(A) consider the use of--
(i) structural and nonstructural measures,
including the setting back of levees and removing
structures from areas of recurring flood
vulnerability, where advantageous, to reduce flood
risk and damages in the Lower Missouri River
Basin; and
(ii) where such features are locally
acceptable, natural features or nature-based
features (as such terms are defined in section
1184 of the Water Resources Development Act of
2016 (33 U.S.C. 2289a); and
(B) consult with applicable Federal and State
agencies, Indian Tribes, and other stakeholders within
the Lower
[[Page 134 STAT. 2689]]
Missouri River Basin and solicit public comment on such
recommendations.
(6) Exemption from maximum study cost and duration
limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the
Lower Missouri Basin study or any study described in paragraph
(3).
(7) <<NOTE: Determination.>> Preconstruction, engineering,
and design.--Upon completion of a study authorized by this
subsection, if the Secretary determines that a recommended
project, or modification to a project described in paragraph
(1), is justified, the Secretary may proceed directly to
preconstruction planning, engineering, and design of the project
or modification.
(8) Technical assistance.--
(A) In general.--For the provision of technical
assistance to support small communities and economically
disadvantaged communities in the planning and design of
flood risk management and flood risk resiliency projects
in the Lower Missouri River Basin, for each of fiscal
years 2021 through 2026, there are authorized to be
appropriated--
(i) $2,000,000 to carry out section 206 of the
Flood Control Act of 1960 (33 U.S.C. 709a), in
addition to amounts otherwise authorized to carry
out such section; and
(ii) $2,000,000 to carry out section 22(a)(2)
of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16), in addition to amounts otherwise
authorized to carry out such section.
(B) Conditions.--
(i) Limitations not applicable.--The
limitations on the use of funds in section 206(d)
of the Flood Control Act of 1960 and section
22(c)(2) of the Water Resources Development Act of
1974 shall not apply to the amounts authorized to
be appropriated by subparagraph (A).
(ii) Rule of construction.--Nothing in this
paragraph restricts the authority of the Secretary
to use any funds otherwise appropriated to carry
out section 206 of the Flood Control Act of 1960
or section 22(a)(2) of the Water Resources
Development Act of 1974 to provide technical
assistance described in subparagraph (A).
(9) Completion of study; report to congress.--Not later than
3 years after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report
detailing--
(A) the results of the study authorized by this
subsection;
(B) <<NOTE: Recommenda- tions.>> any additional,
site-specific areas within the Lower Missouri River
Basin for which additional study for flood risk
management projects is recommended by the Secretary; and
[[Page 134 STAT. 2690]]
(C) any interim actions relating to existing water
resources development projects in the Lower Missouri
River Basin undertaken by the Secretary during the study
period.
(10) Definitions.--In this subsection:
(A) Lower missouri basin study.--The term ``Lower
Missouri Basin study'' means the Lower Missouri Basin
Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska,
and Missouri, authorized pursuant to section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a).
(B) Small community.--The term ``small community''
means a local government that serves a population of
less than 15,000.
(b) Upper Missouri River Basin Comprehensive Study.--
(1) <<NOTE: Examinations.>> In general.--The Secretary, in
collaboration with the heads of other relevant Federal agencies,
shall conduct a comprehensive study to address flood risk in
areas affected by severe flooding in 2019 along the Upper
Missouri River, including an examination of--
(A) the use of structural and nonstructural flood
control and floodplain management strategies, including
the consideration of natural features or nature-based
features (as such terms are defined in section 1184 of
the Water Resources Development Act of 2016 (33 U.S.C.
2289a);
(B) continued operation and maintenance of the
navigation project;
(C) management of bank caving and erosion;
(D) maintenance of water supply;
(E) fish and wildlife habitat management;
(F) recreation needs;
(G) environmental restoration needs;
(H) the division of responsibilities of the Federal
Government and non-Federal interests with respect to
Missouri River flooding;
(I) the roles and responsibilities of Federal
agencies with respect to Missouri River flooding; and
(J) any other related matters, as determined by the
Secretary.
(2) Recommendations.--In conducting the study under this
subsection, the Secretary may develop recommendations to
Congress for--
(A) the construction of a water resources
development project;
(B) the structural or operational modification of an
existing water resources development project;
(C) such additional monitoring of, or adaptive
management measures to carry out with respect to,
existing water resources development projects, to
respond to changing conditions;
(D) geographic areas within the Upper Missouri River
basin for additional study by the Secretary;
(E) management plans and actions to be carried out
by the responsible Federal agencies to reduce flood risk
and improve resiliency;
(F) any necessary changes to the general
comprehensive plan for flood control and other purposes
in the Missouri River Basin under section 4 of the Act
of June 28, 1938 (chapter 795, 52 Stat. 1218; 58 Stat.
891); and
[[Page 134 STAT. 2691]]
(G) follow-up studies for problem areas for which
data or current technology does not allow immediate
solutions.
(3) Completion of study; report to congress.--Not later than
3 years after the date of enactment of this subsection, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report that--
(A) contains the results of the comprehensive study
required by this subsection, including any
recommendations developed under paragraph (2);
(B) addresses--
(i) the potential for the transfer of flood
risk between and within the Upper and Lower
Missouri River basins with respect to any changes
recommended pursuant to paragraph (2)(F);
(ii) adverse impacts to navigation and other
authorized purposes of the applicable Missouri
River project with respect to any changes
recommended under paragraph (2)(F); and
(iii) whether there are opportunities for
increased non-Federal management in the Upper
Missouri River Basin;
(C) recognizes--
(i) the interest and rights of States in--
(I) determining the development of
watersheds within the borders of the
State; and
(II) water utilization and control;
and
(ii) the primary responsibilities of States
and local interests in developing water supplies
for domestic, municipal, industrial, and other
purposes; and
(D) describes any interim actions relating to
existing water resources development projects in the
Upper Missouri River Basin undertaken by the Secretary
during the study period.
(4) Consultation.--In carrying out this subsection, the
Secretary shall consult with applicable Federal and State
agencies, Indian Tribes, and other stakeholders within the Upper
Missouri River Basin and solicit public comment.
(5) Reliance on existing information.--In carrying out any
study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing
data and analysis, including data and analysis prepared under
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).
(6) Exemption from maximum study cost and duration
limitations.--Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the
comprehensive study carried out under this section or any
feasibility study described in paragraph (7).
(7) Additional considerations.--Any feasibility study
carried out pursuant to a recommendation included in the report
submitted under this subsection shall be considered to be a
continuation of the comprehensive study required under paragraph
(1).
(8) Definition.--In this subsection, the term ``Missouri
River project'' means a project constructed as part of--
[[Page 134 STAT. 2692]]
(A) the Pick-Sloan Missouri River Basin Program
(authorized by section 9(b) of the Act of December 22,
1944 (chapter 665, 58 Stat. 891)), located in the States
of Wyoming, Montana, North Dakota, or South Dakota;
(B) the Missouri River Bank Stabilization and
Navigation project (authorized by section 2 of the Act
of March 2, 1945 (chapter 19, 59 Stat. 19)); or
(C) a non-Federal, publicly owned levee system
located within the Upper Missouri River Basin.
(c) <<NOTE: Strategy.>> Coordination.--Upon completion of the
studies under subsections (a) and (b), the Secretary shall develop a
strategy that, to the maximum extent practicable, coordinates and aligns
the results of such studies.
SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE HARBOR,
NEW HAMPSHIRE.
(a) Requirement to Expedite.--The Secretary shall expedite
authorized activities to address the impacts of shoaling affecting the
project for navigation, Rye Harbor, New Hampshire, authorized by section
101 of the River and Harbor Act of 1960 (74 Stat. 480).
(b) <<NOTE: Deadline.>> Status Update.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall submit to
Congress a written status update regarding--
(1) the activities required to be expedited under subsection
(a); and
(2) the project for navigation, Portsmouth Harbor and
Piscataqua River, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1173), as required to be expedited
under section 1317 of the Water Resources Development Act of
2018 (132 Stat. 3823).
SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN, OREGON.
(a) <<NOTE: Public information.>> Report.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate, and make publicly available, a report providing an initial
analysis of deauthorizing hydropower as a project purpose at the Cougar
and Detroit Dams project.
(b) Contents.--The Secretary shall include in the report submitted
under subsection (a)--
(1) a description of the potential effects of deauthorizing
hydropower as a project purpose at the Cougar and Detroit Dams
project on--
(A) the operation of the project, including with
respect to the other authorized purposes of the project;
(B) compliance of the project with the Endangered
Species Act;
(C) costs that would be attributed to other
authorized purposes of the project, including costs
relating to compliance with such Act; and
(D) other ongoing studies in the Willamette River
Basin; and
(2) identification of any further research needed.
(c) Project Defined.--In this section, the terms ``Cougar and
Detroit Dams project'' and ``project'' mean the Cougar Dam and
[[Page 134 STAT. 2693]]
Reservoir project and Detroit Dam and Reservoir project, Willamette
River Basin, Oregon, authorized by section 204 of the Flood Control Act
of 1950 (64 Stat. 179), and facilities that operate in conjunction with
the main Detroit Dam facility, including the Big Cliff re-regulating
dam.
SEC. 219. PORT ORFORD, OREGON.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall, at Federal expense, submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a summary
report on the research completed and data gathered by the date of
enactment of this Act with regards to the configuration of a breakwater
for the project for navigation, Port Orford, Oregon, authorized by
section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106
Stat. 4809), for the purposes of addressing shoaling issues to minimize
long-term maintenance costs.
SEC. 220. <<NOTE: Deadline. Update.>> WILSON CREEK AND SLOAN
CREEK, FAIRVIEW, TEXAS.
Not later than 180 days after the date of enactment of this section,
the Secretary shall submit to Congress a written status update regarding
efforts to address flooding along Wilson Creek and Sloan Creek in the
City of Fairview, Texas.
SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT WATER
RESOURCES DEVELOPMENT PROJECTS.
(a) <<NOTE: Analysis.>> In General.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of the
Representatives and the Committee on Environment and Public Works of the
Senate a report that analyzes the benefits and consequences of including
water supply and water conservation as a primary mission of the Corps of
Engineers in carrying out water resources development projects.
(b) Inclusion.--The Secretary shall include in the report submitted
under subsection (a)--
(1) a description of existing water resources development
projects with water supply or water conservation as authorized
purposes, and the extent to which such projects are utilized for
such purposes;
(2) a description of existing water resources development
projects with respect to which--
(A) water supply or water conservation could be
added as a project purpose, including those with respect
to which a non-Federal interest has expressed an
interest in adding water supply or water conservation as
a project purpose; and
(B) such a purpose could be accommodated while
maintaining existing authorized purposes;
(3) a description of ongoing water resources development
project studies the authorizations for which include
authorization for the Secretary to study the feasibility of
carrying out the project with a purpose of water supply or water
conservation;
(4) <<NOTE: Analysis.>> an analysis of how adding water
supply and water conservation as a primary mission of the Corps
of Engineers
[[Page 134 STAT. 2694]]
would affect the ability of the Secretary to carry out future
water resources development projects; and
(5) <<NOTE: Recommenda- tions.>> any recommendations of the
Secretary relating to including water supply and water
conservation as a primary mission of the Corps of Engineers.
SEC. 222. <<NOTE: 33 USC 2282d-1.>> REPORT TO CONGRESS ON
AUTHORIZED STUDIES AND PROJECTS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to Congress an annual report, to be
entitled ``Report to Congress on Authorized Water Resources Development
Projects and Studies'', that identifies--
(1) ongoing or new feasibility studies, authorized within
the previous 20 years, for which a Report of the Chief of
Engineers has not been issued;
(2) authorized feasibility studies for projects in the
preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects
authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development
projects the Secretary has the responsibility to operate or
maintain.
(b) Contents.--
(1) Inclusions.--
(A) Criteria.--The Secretary shall include in each
report submitted under this section only a feasibility
study or water resources development project--
(i) that has been authorized by Congress to be
carried out by the Secretary and does not require
any additional congressional authorization to be
carried out;
(ii) that the Secretary has the capability to
carry out if funds are appropriated for such study
or project under any of the ``Investigations'',
``Construction'', ``Operation and Maintenance'',
or ``Mississippi River and Tributaries''
appropriations accounts for the Corps of
Engineers; and
(iii) for which a non-Federal interest--
(I) <<NOTE: Contracts. Notification. Time
period.>> in the case of a study or a
project other than a project for which
funds may be appropriated for operation
and maintenance, has entered into a
feasibility cost-sharing agreement,
design agreement, or project partnership
agreement with the Corps of Engineers,
or has informed the Secretary that the
non-Federal interest has the financial
capability to enter into such an
agreement within 1 year; and
(II) demonstrates the legal and
financial capability to satisfy the
requirements for local cooperation with
respect to the study or project.
(B) Description of benefits.--
(i) Description.--The Secretary shall, to the
maximum extent practicable, describe in each
report submitted under this section the benefits,
as described in clause (ii), of each feasibility
study and water resources development project
included in the report.
[[Page 134 STAT. 2695]]
(ii) Benefits.--The benefits referred to in
clause (i) are benefits to--
(I) the protection of human life and
property;
(II) improvement to transportation;
(III) the national, regional, or
local economy;
(IV) the environment; or
(V) the national security interests
of the United States.
(2) Transparency.--The Secretary shall include in each
report submitted under this section, for each feasibility study
and water resources development project included in the report--
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-Federal
share of the cost of the study or project;
(B) the purpose of the study or project;
(C) <<NOTE: Cost estimate. Time periods.>> an
estimate, to the extent practicable, of the Federal,
non-Federal, and total costs of the study or project,
including, to the extent practicable, the fully funded
capability of the Corps of Engineers for--
(i) the 3 fiscal years following the fiscal
year in which the report is submitted, in the case
of a feasibility study; and
(ii) the 5 fiscal years following the fiscal
year in which the report is submitted, in the case
of a water resources development project; and
(D) <<NOTE: Estimate.>> an estimate, to the extent
practicable, of the monetary and nonmonetary benefits of
the study or project.
(3) Certification.--The Secretary shall include in each
report submitted under this section a certification stating that
each feasibility study or water resources development project
included in the report meets the criteria described in paragraph
(1)(A).
(4) Omissions.--
(A) Limitation.--The Secretary shall not omit from a
report submitted under this section a study or project
that otherwise meets the criteria for inclusion in the
report solely on the basis of a policy of the Secretary.
(B) Appendix.--If the Secretary omits from a report
submitted under this section a study or project that
otherwise meets the criteria for inclusion in the
report, the Secretary shall include with the report an
appendix that lists the name of the study or project and
reason for its omission.
(c) Submission to Congress; Publication.--
(1) Submission to congress.--The Secretary may submit a
report under this section in conjunction with the submission of
the annual report under section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(2) <<NOTE: Public information. Web posting.>>
Publication.--On submission of each report under this section,
the Secretary shall make the report publicly available,
including through publication on the internet.
(d) Definitions.--In this section:
(1) Non-federal interest.--The term ``non-Federal interest''
has the meaning given that term in section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b).
[[Page 134 STAT. 2696]]
(2) Water resources development project.--The term ``water
resources development project'' includes a separable element of
a project, a project under an environmental infrastructure
assistance program, and a project the authorized purposes of
which include water supply.
SEC. 223. COMPLETION OF REPORTS AND MATERIALS.
(a) In General.--Using available appropriations, not later than 180
days after the date of enactment of this section, the Secretary shall
complete and submit to Congress the following materials:
(1) The report required by section 1211 of the Water
Resources Development Act of 2018 (132 Stat. 3808).
(2) Implementation guidance for the amendments made by
section 1176 of the Water Resources Development Act of 2016 (130
Stat. 1673).
(3) Implementation guidance for the amendments made by
section 3029(a) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1305).
(4) Any other report or other material required to be
submitted to Congress by any of the following Acts (including by
amendments made by such Acts) that has not been so submitted by
the date of enactment of this section:
(A) The Water Resources Reform and Development Act
of 2014 (Public Law 113-121).
(B) The Water Resources Development Act of 2016
(Public Law 114-322).
(C) The Water Resources Development Act of 2018
(Public Law 115-270).
(b) Use of Existing Data.--To the extent practicable and
appropriate, the Secretary shall use existing data in completing any
materials described in subsection (a).
(c) <<NOTE: Notification. Timeline.>> Failure To Submit.--If the
Secretary fails to submit materials as required by this section, the
Secretary shall immediately inform the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, in writing, of the
specific reasons for such failure and a timeline for submission of the
delinquent materials.
(d) <<NOTE: 33 USC 2202 note.>> Implementation Guidance.--The
Secretary shall expeditiously issue any guidance necessary to implement
any provision of this Act, including any amendments made by this Act, in
accordance with section 1105 of the Water Resources Development Act of
2018 (33 U.S.C. 2202).
SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.
The <<NOTE: Recommenda- tions.>> Secretary shall submit to Congress
a report on the extent to which section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), applies to lakes, including lakes with the flow of a
slow-moving river, including, if applicable, recommendations for
legislative changes to ensure that such lakes are eligible for the
program carried out pursuant to such section.
SEC. 225. REPORT ON DEBRIS REMOVAL.
Section 1210 of the Water Resources Development Act of 2018 (132
Stat. 3808) is amended to read as follows:
[[Page 134 STAT. 2697]]
``SEC. 1210. REPORT ON DEBRIS REMOVAL.
``(a) <<NOTE: Public information. Time periods.>> In General.--Not
later than 180 days after the date of enactment of the Water Resources
Development Act of 2020, the Secretary shall submit to Congress and make
publicly available a report that describes--
``(1) the extent to which, during the 10 fiscal years prior
to such date of enactment, the Secretary has carried out section
3 of the Act of March 2, 1945 (33 U.S.C. 603a);
``(2) how the Secretary has evaluated potential work to be
carried out under that section; and
``(3) the extent to which the Secretary plans to start,
continue, or complete debris removal activities in the 3 years
following submission of the report.
``(b) Focus Areas.--The Secretary shall include in the report
submitted under subsection (a)--
``(1) identification of the debris removal activities to be
started, continued, or completed during the first fiscal year
following the date of enactment of this subsection within the
boundaries of the North Atlantic Division of the Corps of
Engineers;
``(2) <<NOTE: Cost estimate.>> the estimated total costs
and completion dates for such activities; and
``(3) identification of the non-Federal interest associated
with such activities.''.
SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.
(a) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the use by the Corps of Engineers
since 2010 of data relating to antecedent hydrologic conditions
in the Missouri River Basin (including soil moisture conditions,
frost depths, snowpack, and streamflow conditions) in--
(A) conducting Missouri River mainstem reservoir
operations under the Missouri River Master Manual;
(B) developing related annual operating plans; and
(C) performing seasonal, monthly, and daily
operations.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) <<NOTE: Reviews.>> a review of--
(i) the approach of the Corps of Engineers to
forecasting basin runoff in developing annual
operating plans of the Corps of Engineers;
(ii) <<NOTE: Assessment.>> the assessment of
existing and alternative algorithms that could
improve basin runoff forecasting;
(iii) the approach of the Corps of Engineers
for reservoir releases in the winter, spring,
summer, and fall, based on basin runoff forecasts;
(iv) the technical report of the Corps of
Engineers entitled ``Long-Term Runoff
Forecasting'', dated February, 2017;
(v) the use by the Corps of Engineers of data
from Federal and State entities in basin runoff
forecasts; and
[[Page 134 STAT. 2698]]
(vi) the use by the Corps of Engineers of
advanced data collection, including through the
use of unmanned aerial systems, forecasting, and
modeling;
(B) <<NOTE: Recommenda- tions.>> findings and
recommendations on how to best incorporate antecedent
basin conditions in annual operating plans and Missouri
River mainstem reservoir operations; and
(C) the results of the peer review conducted under
subsection (b).
(b) <<NOTE: Contracts.>> Peer Review.--The Secretary shall seek to
enter into an agreement with the National Academy of Sciences or a
similar independent scientific and technical advisory organization to
establish a panel of experts to conduct a peer review of the report to
be submitted under subsection (a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) $5,000,000 to carry out subsection (a); and
(2) $5,000,000 to carry out subsection (b).
SEC. 227. <<NOTE: 33 USC 2270.>> SUBSURFACE DRAIN SYSTEMS
RESEARCH AND DEVELOPMENT.
Subject <<NOTE: Consultation.>> to the availability of
appropriations, the Secretary, acting through the Director of the
Engineer Research and Development Center and, where appropriate, in
consultation with other Federal agencies, shall carry out research and
development activities relating to the use of subsurface drain systems
as--
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not <<NOTE: Public information.>> later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate, and make publicly available, a report that describes--
(1) the extent to which the Secretary has carried out
section 1033 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained
by the Secretary since the date of enactment of such section;
and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources
development projects since such date, an explanation as to why
such corrosion prevention activities have not been incorporated.
SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.
Section 1104(b) of the Water Resources Development Act of 2018 (33
U.S.C. 2282d note) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
[[Page 134 STAT. 2699]]
``(2) <<NOTE: Updates.>> Annual reporting.--Not less
frequently than annually, the Secretary shall provide to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a written update on the progress of the
implementation of paragraph (1), including a description of each
education and outreach action the Secretary is taking to
implement that paragraph.
``(3) Guidance; compliance.--The Secretary shall--
``(A) issue guidance on the uniform implementation
by each district of the Corps of Engineers of the
process for submitting proposals under section 7001 of
the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d); and
``(B) each year, ensure compliance with the guidance
issued under subparagraph (A).''.
SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL
STRUCTURES.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the extent to which flood
insurance premium reductions that result from implementation of a flood
risk management project, including structural elements, nonstructural
elements, or natural features or nature-based features, are included in
the calculation of the benefits of the project by the Corps of
Engineers.
TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS
SEC. 301. <<NOTE: 33 USC 579d-2.>> DEAUTHORIZATION OF INACTIVE
PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify water resources development projects
authorized by Congress that are no longer viable for
construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer
relevant or feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Proposed Deauthorization List.--
(1) Preliminary list of projects.--
(A) In general.--The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized
for construction before November 8, 2007, for which--
(i) planning, design, or construction was not
initiated before the date of enactment of this
Act; or
[[Page 134 STAT. 2700]]
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design, or
construction of the project or separable element
of the project during the current fiscal year or
any of the 10 preceding fiscal years.
(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may
develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a).
(C) Exclusions.--The Secretary shall not include on
the preliminary list--
(i) an environmental infrastructure assistance
project authorized to be carried out by the
Secretary (including a project authorized pursuant
to an environmental assistance program); or
(ii) a project or separable element of a
project authorized as part of the Comprehensive
Everglades Restoration Plan described in section
601 of the Water Resources Development Act of 2000
(114 Stat. 2680).
(2) Preparation of proposed deauthorization list.--
(A) Deauthorization amount.--The Secretary shall
prepare a proposed list of projects for deauthorization
comprised of a subset of projects and separable elements
identified on the preliminary list developed under
paragraph (1) that have, in the aggregate, an estimated
Federal cost to complete that is at least
$10,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
(C) Inclusion of deauthorization of antiquated
projects.--The Secretary shall reduce the amount
identified for deauthorization under paragraph (2)(A) by
an amount equivalent to the estimated current value of
each project, or separable element of a project, that is
deauthorized by subsection (f).
(3) Sequencing of projects.--
(A) In general.--The Secretary shall identify
projects and separable elements for inclusion on the
proposed list of projects for deauthorization under
paragraph (2) according to the order in which the
projects and separable elements were authorized,
beginning with the earliest authorized projects and
separable elements and ending with the latest project or
separable element necessary to meet the aggregate amount
under paragraph (2)(A).
(B) <<NOTE: Determination.>> Factors to consider.--
The Secretary may identify projects and separable
elements in an order other than that established by
subparagraph (A) if the Secretary determines, on a case-
by-case basis, that a project or separable element is
critical for interests of the United States, based on
the possible impact of the project or separable element
[[Page 134 STAT. 2701]]
on public health and safety, the national economy, or
the environment.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the proposed deauthorization list
prepared under paragraph (2)(A).
(B) Comment period.--The public comment period shall
be 90 days.
(5) Preparation of final deauthorization list.--
(A) In general.--The Secretary shall prepare a final
deauthorization list by--
(i) considering any comments received under
paragraph (4); and
(ii) <<NOTE: Determination.>> revising the
proposed deauthorization list prepared under
paragraph (2)(A) as the Secretary determines
necessary to respond to such comments.
(B) Appendix.--The Secretary shall include as part
of the final deauthorization list an appendix that--
(i) identifies each project or separable
element on the proposed deauthorization list that
is not included on the final deauthorization list;
and
(ii) describes the reasons why the project or
separable element is not included on the final
deauthorization list.
(c) Submission of Final Deauthorization List to Congress for
Congressional Review; Publication.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of the close of the comment period under
subsection (b)(4), the Secretary shall--
(A) submit the final deauthorization list and
appendix prepared under subsection (b)(5) to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate; and
(B) <<NOTE: Federal Register, publication.>>
publish the final deauthorization list and appendix in
the Federal Register.
(2) Exclusions.--The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal funds
for planning, design, or construction are obligated after the
development of the preliminary list under subsection (b)(1)(A)
but prior to the submission of the final deauthorization list
under paragraph (1)(A) of this subsection.
(d) Deauthorization; Congressional Review.--
(1) <<NOTE: Time period.>> In general.--After the
expiration of the 2-year period beginning on the date of
publication of the final deauthorization list and appendix under
subsection (c)(1)(B), a project or separable element of a
project identified in the final deauthorization list is hereby
deauthorized, unless Congress passes a joint resolution
disapproving the final deauthorization list prior to the end of
such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 2-year
period referred
[[Page 134 STAT. 2702]]
to in paragraph (1), the non-Federal interest for the
project or separable element of the project provides
sufficient funds to complete the project or separable
element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in subsection
(b)(2)(A).
(3) Projects identified in appendix.--A project or separable
element of a project identified in the appendix to the final
deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rules.--
(1) <<NOTE: Time period.>> Post-authorization studies.--A
project or separable element of a project may not be identified
on the proposed deauthorization list developed under subsection
(b), or the final deauthorization list developed under
subsection (c), if the project or separable element received
funding for a post-authorization study during the current fiscal
year or any of the 10 preceding fiscal years.
(2) Treatment of project modifications.--For purposes of
this section, if an authorized water resources development
project or separable element of the project has been modified by
an Act of Congress, the date of the authorization of the project
or separable element shall be deemed to be the date of the most
recent such modification.
(f) Deauthorization of Antiquated Projects.--
(1) <<NOTE: Time period.>> In general.--Any water resources
development project, or separable element of a project,
authorized for construction prior to November 17, 1986, for
which construction has not been initiated prior to the date of
enactment of this Act, or for which funds have not been
obligated for construction in the 10-year period prior to the
date of enactment of this Act, is hereby deauthorized.
(2) <<NOTE: Reports.>> Identification.--Not later than 60
days after the date of enactment of this Act, the Secretary
shall issue to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report that
identifies--
(A) the name of each project, or separable element
of a project, deauthorized by paragraph (1); and
(B) <<NOTE: Estimate.>> the estimated current value
of each such project or separable element of a project.
(g) <<NOTE: Time period.>> Economic and Environmental Review of
Inactive Water Resources Development Projects.--The Secretary or the
non-Federal interest may not carry out any authorized water resources
development project, or separable element of such project, for which
construction has not been initiated in the 20-year period following the
date of the authorization of such project or separable element, until--
(1) <<NOTE: Reports. Updates. Analysis.>> the Secretary
provides to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate a post-authorization change
report that updates the economic and environmental analysis of
the project or separable element; and
[[Page 134 STAT. 2703]]
(2) the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate take appropriate action to
address any modifications to the economic and environmental
analysis for the project or separable element of the project
contained in the post-authorization change report.
(h) Definitions.--In this section:
(1) Post-authorization change report.--The term ``post-
authorization change report'' has the meaning given such term in
section 1132(d) of the Water Resources Development Act of 2016
(33 U.S.C. 2282e).
(2) Post-authorization study.--The term ``post-authorization
study'' means--
(A) a feasibility report developed under section 905
of the Water Resources Development Act of 1986 (33
U.S.C. 2282);
(B) a feasibility study, as defined in section
105(d) of the Water Resources Development Act of 1986
(33 U.S.C. 2215(d)); or
(C) a review conducted under section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a), including an
initial appraisal that--
(i) demonstrates a Federal interest; and
(ii) requires additional analysis for the
project or separable element.
SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560(f) of the Water Resources Development Act of 1999 (33
U.S.C. 2336(f)) is amended by striking `` $20,000,000'' and inserting ``
$30,000,000''.
SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
Section 203(b)(4) of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended by striking `` $12,500,000'' each place it
appears and inserting `` $18,500,000''.
SEC. 304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986
(Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121
Stat. 1076) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts;
and
``(30) Memorial Pond, Walpole, Massachusetts.''.
SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking `` $40,000,000'' and
inserting `` $60,000,000''; and
(2) in subsection (f), by striking `` $40,000,000'' and
inserting `` $60,000,000''.
[[Page 134 STAT. 2704]]
SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) In General.--Section 510 of the Water Resources Development Act
of 1996 (Public Law 104-303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat.
1317) is amended--
(1) by redesignating subsection (h) as subsection (i) and
inserting after subsection (g) the following:
``(h) Project Cap.--The total cost of a project carried out under
this section may not exceed $15,000,000.''; and
(2) in subsection (i) (as so redesignated), by striking ``
$40,000,000'' and inserting `` $90,000,000''.
(b) Outreach and Training.--The Secretary shall conduct public
outreach and workshops for non-Federal interests to provide information
on the Chesapeake Bay environmental restoration and protection program
established under section 510 of the Water Resources Development Act of
1996, including how to participate in the program.
SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
PROGRAM.
Section 1103(e) of the Water Resources Development Act of 1986 (33
U.S.C. 652(e)) is amended--
(1) in paragraph (3), by striking `` $22,750,000'' and
inserting `` $40,000,000''; and
(2) in paragraph (4), by striking `` $10,420,000'' and
inserting `` $15,000,000''.
SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010(e) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1270; 132 Stat. 3812) is amended by striking ``the Act
of October 15, 1940 (33 U.S.C. 701h-1)'' and inserting ``section 5 of
the Act of June 22, 1936 (33 U.S.C. 701h)''.
SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.
(a) In General.--The project for navigation, Theodore Ship Channel,
Mobile Harbor, Alabama, authorized by section 201 of the Flood Control
Act of 1965 (42 U.S.C. 1962d-5), is revised to incorporate into the
project the 40-foot-deep, 1,320-foot-wide, and approximately 1,468.5-
foot-long access channel, extending north from stations 257+25 and
273+25 from the Theodore Channel, that was constructed for the former
Naval Station Mobile, as a substitute for the authorized but
unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-long anchorage
basin in the same location, to serve the public terminal that replaced
the former Naval Station Mobile as obligated under the authorizations
for the project.
(b) Treatment.--The Secretary shall--
(1) consider construction of the access channel described in
subsection (a) to be complete; and
(2) assume maintenance of the access channel described in
subsection (a) for so long as the terminal described in
subsection (a) remains publicly owned.
SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.
Any Federal funds, regardless of the account from which the funds
were provided, used to carry out construction of the modification to the
McClellan-Kerr Arkansas River Navigation System, authorized in section
136 of the Energy and Water Development Appropriations Act, 2004 (117
Stat. 1842), shall be considered by
[[Page 134 STAT. 2705]]
the Secretary as initiating construction of the project such that future
funds will not require a new investment decision.
SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.
The project for navigation, Ouachita and Black Rivers, Arkansas and
Louisiana, authorized by section 101 of the River and Harbor Act of 1960
(74 Stat. 481), is modified to include water supply as an authorized
purpose.
SEC. 312. LAKE ISABELLA, CALIFORNIA.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary, when evaluating alternative locations for construction of a
permanent Isabella Lake Visitor Center by the Corps of Engineers to
replace the facility impacted by the Isabella Dam safety modification
project, should afford substantial weight to the site preference of the
local community.
(b) Authority.--The Secretary may acquire such interests in real
property as the Secretary determines necessary or advisable to support
construction of the Isabella Dam safety modification project.
(c) Transfer.--The Secretary may transfer any real property
interests acquired under subsection (b) to any other Federal agency or
department without reimbursement.
(d) Isabella Dam Safety Modification Project Defined.--In this
section, the term ``Isabella Dam safety modification project'' means the
dam safety modification project at the Isabella Reservoir in the San
Joaquin Valley, California (authorized by Act of December 22, 1944
(chapter 665, 58 Stat. 901)), including the component of the project
relating to construction a visitor center facility.
SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.
The Secretary shall align the schedules of, and maximize
complimentary efforts, minimize duplicative practices, and ensure
coordination and information sharing with respect to--
(1) the project for flood risk management, Lower San Joaquin
River, authorized by section 1401(2) of the Water Resources
Development Act of 2018 (132 Stat. 3836); and
(2) the second phase of the feasibility study for the Lower
San Joaquin River project for flood risk management, authorized
for expedited completion by section 1203(a)(7) of the Water
Resources Development Act 2018 (132 Stat. 3803).
SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
The <<NOTE: Effective date.>> portion of project for flood
control, Sacramento River, California, authorized by section 2 of the
Act of March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 110
Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting of a riverbed
gradient restoration facility at the Glenn-Colusa Irrigation District
Intake, is no longer authorized beginning on the date of enactment of
this Act.
SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
The <<NOTE: Effective date.>> portion of the project for flood
control and navigation, San Diego River and Mission Bay, San Diego
County, California, authorized by the Act of July 24, 1946 (chapter 595,
60 Stat. 636), identified in the National Levee Database established
under section 9004 of the Water Resources Development Act of 2007 (33
U.S.C. 3303) as the San Diego River 3 segment and consisting
[[Page 134 STAT. 2706]]
of a 785-foot-long segment of the right bank levee from Station
209+41.75 to its end at Station 217+26.75, as described in construction
plans dated August 30, 1951, is no longer authorized beginning on the
date of enactment of this Act.
SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
(a) In General.--Section 114 of the River and Harbor Act of 1968 (33
U.S.C. 59h) is amended to read as follows:
``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
``(a) Area To Be Declared Nonnavigable.--The following area is
declared to be nonnavigable waters of the United States: All of that
portion of the City and County of San Francisco, California, lying
shoreward of a line beginning at the intersection of the southerly right
of way line of Earl Street prolongation with the Pierhead United States
Government Pierhead line, the Pierhead line as defined in the State of
California Harbor and Navigation Code Section 1770, as amended in 1961;
thence northerly along said Pierhead line to its intersection with a
line parallel with and distant 10 feet easterly from, the existing
easterly boundary line of Pier 30-32; thence northerly along said
parallel line and its northerly prolongation, to a point of intersection
with a line parallel with, and distant 10 feet northerly from, the
existing northerly boundary of Pier 30-32; thence westerly along last
said parallel line to its intersection with said Pierhead line; thence
northerly along said Pierhead line, to the intersection of the easterly
right of way line of Van Ness Avenue, formerly Marlette Street,
prolongation to the Pierhead line.
``(b) <<NOTE: Applicability.>> Requirement That Area Be Improved.--
The declaration of nonnavigability under subsection (a) applies only to
those parts of the area described in subsection (a) that are or will be
bulkheaded, filled, or otherwise occupied or covered by permanent
structures and does not affect the applicability of any Federal statute
or regulation that relates to filling of navigable waters or to other
regulated activities within the area described in subsection (a),
including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401,
403), section 404 of the Federal Water Pollution Control Act, and the
National Environmental Policy Act of 1969.
``(c) Inclusion of Embarcadero Historic District.--Congress finds
and declares that the area described in subsection (a) contains the
seawall, piers, and wharves that comprise the Embarcadero Historic
District listed on the National Register of Historic Places on May 12,
2006.''.
(b) Conforming Amendment.--Section 5052 of the Water Resources
Development Act of 2007 (33 U.S.C. 59h-1) <<NOTE: Repeal.>> is
repealed.
SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO RIVER,
CALIFORNIA.
The <<NOTE: Effective date.>> portion of the project for flood
protection on the Sacramento River, authorized by section 2 of the of
March 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 55
Stat. 647; 80 Stat. 1422), consisting of the portion of the levee from
G.P.S. coordinate N2147673.584 E6690904.187 to N2147908.413 E6689057.060
associated with the Western Pacific Interceptor Canal, is no longer
authorized beginning on the date of the enactment of this Act.
[[Page 134 STAT. 2707]]
SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO,
NEW MEXICO, AND TEXAS.
Section 5056(f) of the Water Resources Development Act of 2007
(Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is amended by
striking ``2019'' and inserting ``2029''.
SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.
(a) <<NOTE: Effective date.>> In General.--The portion of the
project for navigation, New London Harbor, Connecticut, authorized by
the first section of the Act of June 13, 1902 (chapter 1079, 32 Stat.
333), described in subsection (b) is no longer authorized beginning on
the date of enactment of this Act.
(b) Area Described.--The area referred to in subsection (a) is
generally the portion between and around the 2 piers at the State Pier
in New London, specifically the area--
(1) beginning at a point N691263.78, E1181259.26;
(2) running N 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 134 STAT. 2708]]
non-Federal interest of capacity in the Wilmington Harbor South Disposal
Area permitted by the Secretary under section 217(b) of the Water
Resources Development Act of 1996 pursuant to subsection (a) of this
section.
(d) Agreement to Pay.--In accordance with section 217(a) of the
Water Resources Development Act of 1996 (33 U.S.C. 2326a(a)), if, to
accommodate the dredged materials from operation and maintenance of the
Edgemoor Expansion of the Port of Wilmington, the Secretary provides
additional capacity at the Wilmington Harbor South Disposal Area, the
non-Federal interest for the Edgemoor Expansion of the Port of
Wilmington shall agree to pay, during the period of construction, all
costs associated with the construction of the additional capacity.
SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
Beginning <<NOTE: Effective date.>> on the date of enactment of
this Act, the project for navigation, Washington Harbor, District of
Columbia, authorized by the Act of August 30, 1935 (chapter 831, 49
Stat. 1031), is modified to reduce, in part, the authorized dimensions
of the project, such that the remaining authorized dimensions are as
follows:
(1) A 200-foot-wide, 12-foot-deep channel with a center line
beginning at a point East 1,317,064.30 and North 440,373.32,
thence to a point East 1,316,474.30 and North 440,028.31, thence
to a point East 1,315,584.30 and North 439,388.30, thence to a
point East 1,315,259.31 and North 438,908.30.
(2) A 200- to 300-foot-wide, 12-foot-deep transition area,
with a center line beginning at a point East 1,315,259.31 and
North 438,908.30 to a point East 1,315,044.31 and North
438,748.30.
(3) A 300-foot-wide, 15-foot-deep channel with a centerline
beginning a point East 1,315,044.31 and North 438,748.30, thence
to a point East 1,314,105.31 and North 438,124.79, thence to a
point East 1,311,973.30 and North 438,807.78, thence to a point
East 1,311,369.73 and North 438,577.42, thence to a point East
1,311,015.73 and North 438,197.57, thence to a point East
1,309,713.47 and North 435,678.91.
(4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
area, with a center line beginning at a point East 1,309,713.47
and North 435,678.91 to a point East 1,307,709.33 and North
434,488.25.
(5) A 400-foot-wide, 24-foot-deep channel with a centerline
beginning at a point East 1,307,709.33 and North 434,488.25,
thence to a point East 1,307,459.33 and North 434,173.25, thence
to a point East 1,306,476.82 and North 432,351.28, thence to a
point East 1,306,209.79 and North 431,460.21, thence to a point
at the end of the channel near Hains Point East 1,305,997.63 and
North 429,978.31.
SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER
CONSERVATION PLAN, FLORIDA.
(a) <<NOTE: Effective date.>> In General.--The project for
ecosystem restoration, Big Cypress Seminole Indian Reservation Water
Conservation Plan, Florida, authorized pursuant to section 528 of the
Water Resources Development Act of 1996 (110 Stat. 3767), is no longer
authorized beginning on the date of enactment of this Act.
(b) Savings Provision.--Nothing in this section affects the
responsibility of the Secretary to pay any damages awarded by
[[Page 134 STAT. 2709]]
the Armed Services Board of Contract Appeals, or by a court of competent
jurisdiction, to a contractor relating to the adjudication of claims
arising from construction of the project described in subsection (a).
SEC. 324. CENTRAL EVERGLADES, FLORIDA.
The project for ecosystem restoration, Central Everglades,
authorized by section 1401(4) of the Water Resources Development Act of
2016 (130 Stat. 1713), is modified to include the project for ecosystem
restoration, Central and Southern Florida, Everglades Agricultural Area,
authorized by section 1308 of the Water Resources Development Act of
2018 (132 Stat. 3819), and to authorize the Secretary to carry out the
project, as so combined, at a total combined cost of $4,362,091,000.
SEC. 325. MIAMI RIVER, FLORIDA.
The <<NOTE: Effective date.>> portion of the project for
navigation, Miami River, Florida, authorized by the Act of July 3, 1930
(46 Stat. 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning at
the existing railroad bascule bridge and extending approximately 1,000
linear feet upstream to an existing salinity barrier and flood control
structure, is no longer authorized beginning on the date of enactment of
this Act.
SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.
(a) Designation.--The Moore Haven Lock and Dam, Moore Haven,
Florida, authorized pursuant to the Act of July 3, 1930 (chapter 847, 46
Stat. 925; 49 Stat. 1032), shall be known and designated as the ``Julian
Keen, Jr. Lock and Dam''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Lock and Dam referred
to in subsection (a) shall be deemed to be a reference to the ``Julian
Keen, Jr. Lock and Dam''.
SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), UPPER
ST. JOHNS RIVER BASIN, FLORIDA.
The <<NOTE: Effective date.>> portions of the project for flood
control and other purposes, Central and Southern Florida, authorized by
section 203 of the Flood Control Act of 1948 (62 Stat. 1176), consisting
of the Taylor Creek Reservoir and Levee L-73, Section 1, within the
Upper St. Johns River Basin, Florida, are no longer authorized beginning
on the date of enactment of this Act.
SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER LAKE,
KENTUCKY.
(a) In General.--Subject to the availability of appropriations and
on request of the landowner, the Secretary shall extinguish any flowage
easement or portion of a flowage easement held by the United States on
developed land of the landowner at Rough River Lake, Kentucky--
(1) that is above 534 feet mean sea level; and
(2) <<NOTE: Determination.>> for which the Secretary
determines the flowage easement or portion of the flowage
easement is not required to address backwater effects.
(b) No Liability.--The United States shall not be liable for any
damages to property or injuries to persons from flooding that may be
attributable to the operation and maintenance of Rough
[[Page 134 STAT. 2710]]
River Dam, Kentucky, on land that was encumbered by a flowage easement
extinguished under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.
Not <<NOTE: Reports.>> later than 120 days after the date of
enactment of this Act, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
plans to modify the Calcasieu River and Pass Dredged Material Management
Plan and Supplemental Environmental Impact Statement (November 22, 2010
DMMP/SEIS) to allow for the expansion of Dredged Material Placement
Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock
boundaries during planned rehabilitation of these facilities.
SEC. 330. CAMDEN HARBOR, MAINE.
(a) <<NOTE: Effective date.>> In General.--The portions of the
project for navigation, Camden Harbor, Maine, described in subsection
(b) are no longer authorized beginning on the date of enactment of this
Act.
(b) Portions Described.--The portions referred to in subsection (a)
are the following:
(1) The portion of the 10-foot-deep inner harbor area,
authorized by the first section of the Act of March 3, 1873
(chapter 233, 17 Stat. 565; 25 Stat. 400), approximately
50,621.75 square feet in area--
(A) starting at a point with coordinates
N197,640.07, E837,851.71;
(B) thence running 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 134 STAT. 2711]]
SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.
(a) In General.--The project for navigation, Cape Porpoise Harbor,
Maine, authorized by section 101 of the River and Harbor Act of 1948 (62
Stat. 1172), is modified to designate the portion of the project
described in subsection (b) as a 6-foot-deep anchorage.
(b) Portion Described.--The portion of the project referred to in
subsection (a) is the approximately 192,235.63 square foot area
consisting of the 100-foot-wide and 6-foot-deep channel located within
the inner harbor--
(1) starting at a point with coordinates N 194,175.13, E
2,882,011.74;
(2) thence running 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 134 STAT. 2712]]
``(4) <<NOTE: Determination.>> Justification.--In
determining the economic justification of a sediment management
plan under paragraph (2), the Secretary shall--
``(A) measure and include flooding, erosion, and
accretion damages both upstream and downstream of the
reservoir that are likely to occur as a result of
sediment management within the reservoir compared to the
damages that are likely to occur if the sediment
management plan is not implemented; and
``(B) <<NOTE: Costs. Time period. Analysis.>>
include lifecycle costs and a 100-year period of
analysis.
``(5) Implementation.--As part of a sediment management plan
under paragraph (2), and in accordance with paragraph (10), the
Secretary may carry out sediment removal activities at
reservoirs owned and operated by the Secretary in the Upper
Missouri River Basin, or at reservoirs for which the Secretary
has flood control responsibilities under section 7 of the Act of
December 22, 1944 (33 U.S.C. 709), in the Upper Missouri River
Basin, in accordance with section 602 of the Water Resources
Development Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113
Stat. 295; 121 Stat. 1076) as if those reservoirs were listed in
subsection (a) of that section.''.
SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.
The <<NOTE: Massachusetts.>> Secretary shall expedite the
activities required to be carried out under section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326) regarding the use of
improvement dredging of the Portsmouth Federal navigation project in
Portsmouth, New Hampshire, carried out pursuant to section 3 of the Act
of August 13, 1946 (33 U.S.C. 426g), as a source of clean beach fill
material to reinforce the stone revetment at Nantasket Beach, Hull,
Massachusetts.
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW
JERSEY.
The Secretary shall--
(1) nullify the determination of the North Atlantic Division
of the Corps of Engineers that further activities to carry out
the feasibility study for a project for flood risk management,
Rahway, New Jersey, authorized by the resolution of the
Committee on Transportation and Infrastructure of the House of
Representatives adopted on March 24, 1998 (docket number 2548),
is not warranted;
(2) identify an acceptable alternative to the project
described in paragraph (1) that could receive Federal support;
and
(3) carry out, and expedite the completion of, a feasibility
study for the acceptable alternative identified under paragraph
(2).
SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.
(a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43 U.S.C.
620a note) is amended by striking ``a total of two hundred thousand
acre-feet of''.
(b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public
Law 100-522 (43 U.S.C. 620a note) is amended--
(1) by striking ``200,000 acre-feet of'';
[[Page 134 STAT. 2713]]
(2) by inserting ``and San Juan-Chama project'' after ``Rio
Grande system''; and
(3) by striking ``, in lieu of the water storage authorized
by section 5 of Public Law 97-140, to the extent that
contracting entities under section 5 of Public Law 97-140 no
longer require such storage''.
(c) Water Storage.--The Secretary shall--
(1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam, New
Mexico, to the extent that the necessary real property interests
have been acquired by any entity requesting such storage; and
(2) amend the March 20, 1986, contract between the United
States of America and the Albuquerque Bernalillo County Water
Utility Authority (assigned by the City of Albuquerque, New
Mexico to the Albuquerque Bernalillo County Water Utility
Authority) for water storage space in Abiquiu Reservoir to allow
for storage by the Albuquerque Bernalillo County Water Utility
Authority of San Juan-Chama project water or native Rio Grande
system water up to elevation 6230.00 NGVD29.
(d) Storage Agreements With Users Other Than the Albuquerque
Bernalillo County Water Utility Authority.--The Secretary shall--
(1) retain or enter into new agreements with entities for a
proportionate allocation of 29,100 acre-feet of storage space
pursuant to section 5 of Public Law 97-140; and
(2) amend or enter into new storage agreements for storage
of San Juan-Chama project water or native Rio Grande system
water up to the space allocated for each entity's proportionate
share of San Juan-Chama water.
(e) Operations Documents.--The Secretary shall amend or revise any
existing operations documents, including the Water Control Manual or
operations plan for Abiquiu Reservoir, as necessary to meet the
requirements of this section.
(f) Limitations.--In carrying out this section, the following
limitations shall apply:
(1) The storage of native Rio Grande system water shall be
subject to the provisions of the Rio Grande Compact and the
resolutions of the Rio Grande Compact Commission.
(2) The storage of native Rio Grande system water shall only
be authorized to the extent that the necessary water ownership
and storage rights have been acquired by the entity requesting
such storage.
(3) The storage of native Rio Grande system water or San-
Juan Chama project water shall not interfere with the authorized
purposes of the Abiquiu Dam and Reservoir project.
(4) Each user of storage space, regardless of source of
water, shall pay for any increase in costs attributable to
storage of that user's water.
SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, NEW
YORK.
(a) <<NOTE: Effective date.>> In General.--The portion of the
project for navigation, Flushing Bay and Creek, New York, authorized by
the first section of the Act of March 3, 1905 (chapter 1482, 33 Stat.
1120; 52 Stat. 803; 76 Stat. 1174), described in subsection (b) is no
longer authorized beginning on the date of enactment of this Act.
[[Page 134 STAT. 2714]]
(b) Portion Described.--The portion referred to in subsection (a) is
the portion from river mile 2.5 to river mile 2.9, as bounded by--
(1) the coordinates of--
(A) Latitude North 40 45' 45.61'' Longitude West
73 50' 20.19'';
(B) Latitude North 40 45' 47.02'' Longitude West
73 50' 10.80'';
(C) Latitude North 40 45' 26.71'' Longitude West
73 50' 10.85''; and
(D) Latitude North 40 45' 26.72'' Longitude West
73 50' 10.96''; and
(2) the New York Long Island State Plane (US Survey Feet,
NAD-83), as follows:
(A) Easting x1028866.501 Northing y217179.294;
(B) Easting x1029588.853 Northing y217322.675;
(C) Easting x1029588.853 Northing y215267.486; and
(D) Easting x1028964.587 Northing y215267.486.
SEC. 339. <<NOTE: Effective date.>> RUSH RIVER AND LOWER BRANCH
RUSH RIVER, NORTH DAKOTA.
(a) In General.--The portion of the comprehensive plan for flood
control and other purposes in the Red River of the North drainage basin,
North Dakota, South Dakota, and Minnesota, authorized by section 203 of
the Flood Control Act of 1948 (62 Stat. 1177; 64 Stat. 176), consisting
of clearing and rectification of the channel from mile 28.3 near Amenia
to the mouth of the Rush River, known as Cass County Drain No. 12, is no
longer authorized beginning on the date of enactment of this Act.
(b) Lower Branch Rush River.--The project for flood control, Lower
Branch Rush River, North Dakota, carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), known as Cass County Drain
No. 2, is no longer authorized beginning on the date of enactment of
this Act.
SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH HILL
COVE, RHODE ISLAND AND CONNECTICUT.
Beginning <<NOTE: Effective date.>> on the date of enactment of
this Act, that portion of the project for navigation, Pawcatuck River,
Little Narragansett Bay and Watch Hill Cove, Rhode Island and
Connecticut, authorized by section 2 of the Act of March 2, 1945
(chapter 19, 59 Stat. 13), consisting of a 10-foot-deep, 16-acre
anchorage area in Watch Hill Cove is no longer authorized.
SEC. 341. HARRIS COUNTY, TEXAS.
Section <<NOTE: Repeal.>> 575 of the Water Resources Development
Act of 1996 (110 Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.
SEC. 342. CAP SANTE WATERWAY, WASHINGTON.
Beginning <<NOTE: Effective date.>> on the date of enactment of
this Act, the project for navigation, Cap Sante Waterway and Navigation
Channel, Skagit County, Washington, authorized by the Act of March 2,
1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize the portion
of the project consisting of an approximately 334,434-foot area of the
Federal channel within Anacortes Harbor inside and directly adjacent to
the Federal breakwater and training wall structure, starting at a point
with coordinates N557015.552, E1210819.619, thence running S88
13'2.06''E approximately 200
[[Page 134 STAT. 2715]]
feet to a point with coordinates N557009.330, E1211019.522, thence
running S01 46'58.08''W approximately 578 feet to a point with
coordinates N556431.405, E1211001.534, thence running S49 49'50.23''W
approximately 69 feet to a point with coordinates N556387.076,
E1210949.002, thence running S51 53'0.25''E approximately 35 feet to a
point with coordinates N556365.662, E1210976.316, thence running S49
38'58.48''W approximately 112 feet to a point with coordinates
N556292.989, E1210890.775, thence running N88 13'1.87''W approximately
109 feet to a point with coordinates N556296.367, E1210782.226, thence
running S46 46'58.97''W approximately 141 feet to a point with
coordinates N556199.527, E1210679.164, thence running N88 13'1.77''W
approximately 700 feet to a point with coordinates N556221.305,
E1209979.502, thence running N01 46'58.08''E approximately 250 feet to a
point with coordinates N556471.184, E1209987.280, thence running S88
13'1.77''E approximately 815 feet to a point with coordinates
N556445.828, E1210801.886, thence running N01 46'58.08''E approximately
570 feet to the point of origin.
SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
Section 1119(b) of the Water Resources Development Act of 2018 (33
U.S.C. 2347 note) is amended by striking ``owned or operated by the
Secretary''.
SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.
Section 1203(g) of the Water Resources Development Act of 2018 (132
Stat. 3805) is amended, in the matter preceding paragraph (1), by
striking ``For fiscal years 2019 and 2020'' and inserting ``Until
September 30, 2024''.
SEC. 345. AQUATIC ECOSYSTEM RESTORATION.
For <<NOTE: Time period.>> fiscal years 2021 through 2024, in
carrying out section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330), the Secretary shall give priority to a project to
restore and protect an aquatic ecosystem or estuary that--
(1) is located in the South Platte River Basin;
(2) is located on a body of water that is identified by the
applicable State pursuant to section 303(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1313(d)) as being impaired;
(3) has the potential to provide flood risk management and
recreational benefits in addition to ecosystem restoration
benefits; and
(4) is located in a city with a population of 80,000 or
less.
SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c)(3) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended by striking ``12''
and inserting ``16''.
SEC. 347. <<NOTE: 46 USC 70001 note.>> NO WAKE ZONES IN
NAVIGATION CHANNELS.
Section 1149 of the Water Resources Development Act of 2016 (33
U.S.C. 1223 note) amended--
(1) by striking ``recreational'' in each place it appears
and inserting ``covered''; and
[[Page 134 STAT. 2716]]
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Covered navigation channel.--The term `covered
navigation channel' means a navigation channel that--
``(A) is federally marked or maintained;
``(B) is part of the Atlantic Intracoastal Waterway;
and
``(C) is adjacent to a marina.
``(2) Covered vessel.--The term `covered vessel' means a
recreational vessel or an uninspected passenger vessel, as such
terms are defined in section 2101 of title 46, United States
Code.''.
SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS RIVER
BASIN.
(a) Definition of Covered Contract.--In this section, the term
``covered contract'' means a contract between any local governmental
entity and the Secretary for water supply storage in a Federal or non-
Federal hydropower lake within the Arkansas River Basin.
(b) <<NOTE: Time period.>> Limitation.--For any new covered
contract for a hydropower lake that is entered into during the period
beginning on the date of enactment of this Act and ending on December
31, 2022, a local governmental entity shall not pay more than 110
percent of the initial principal cost for the acre-feet being sought for
the new covered contract for that hydropower lake.
SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO
CERTAIN CONTRACT CLAIMS.
In <<NOTE: Time period.>> a case in which the Armed Services Board
of Contract Appeals or other court of competent jurisdiction has
rendered a decision during the period beginning on December 1, 2017, and
ending on December 31, 2022, awarding damages to a contractor relating
to the adjudication of claims arising from the construction of an
authorized water resources development project, notwithstanding the
terms of the Project Partnership Agreement, the Secretary shall waive
payment of the share of the non-Federal interest of those damages,
including attorney's fees, if--
(1)(A) the contracting officer was instructed by the Corps
of Engineers to modify the terms of the contract or terminate
the contract; and
(B) the Armed Services Board of Contract Appeals or other
court of competent jurisdiction determined that the failure of
the contracting officer to timely take the action described in
subparagraph (A) was a material breach of the contract that
resulted in damages to the contractor awarded by the Armed
Services Board of Contract Appeals or the court, as applicable;
or
(2) the claims arose from construction of a project
deauthorized under this title.
SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.
Section 322 of the Water Resources Development Act of 1990 (33
U.S.C. 2324) is amended--
(1) in subsection (b), by striking ``2,000,000'' and
inserting ``3,000,000''; and
(2) in subsection (g)--
[[Page 134 STAT. 2717]]
(A) by striking the period at the end and inserting
``; or'';
(B) by striking ``means a community'' and inserting
the following: ``means--
``(1) a community''; and
(C) by adding at the end the following:
``(2) a regional water system that serves a population of
less than 100,000, for which the per capita income is less than
the per capita income of not less than 50 percent of the
counties in the United States.''.
SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k) of the Water Resources Development Act of 1986 (33
U.S.C. 2213) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Renegotiation of terms.--
``(A) In general.--At the request of a non-Federal
interest, the Secretary and the non-Federal interest may
renegotiate the terms and conditions of an eligible
deferred payment, including--
``(i) permitting the non-Federal contribution
to be made without interest, pursuant to paragraph
(1);
``(ii) recalculation of the interest rate;
``(iii) full or partial forgiveness of
interest accrued during the period of
construction; and
``(iv) a credit against construction interest
for a non-Federal investment that benefits the
completion or performance of the project or
separable element.
``(B) Eligible deferred payment.--An eligible
deferred payment agreement under subparagraph (A) is an
agreement for which--
``(i) the non-Federal contribution was made
with interest;
``(ii) the period of project construction
exceeds 10 years from the execution of a project
partnership agreement or appropriation of funds;
and
``(iii) the construction interest exceeds
$45,000,000.
``(3) <<NOTE: Determinations.>> Credit for non-federal
contribution.--
``(A) In general.--The Secretary is authorized to
credit any costs incurred by the non-Federal interest
(including in-kind contributions) to remedy a design or
construction deficiency of a covered project or
separable element toward the non-Federal share of the
cost of the covered project, if the Secretary determines
the remedy to be integral to the completion or
performance of the covered project.
``(B) Credit of costs.--If the non-Federal interest
incurs costs or in-kind contributions for a project to
remedy a design or construction deficiency of a project
or separable element which has a 100 percent Federal
cost share, and the Secretary determines the remedy to
be integral to the completion or performance of the
project, the Secretary is authorized to credit such
costs to any interest accrued on a deferred non-Federal
contribution.
``(4) <<NOTE: Deadlines.>> Treatment of pre-payment.--
Notwithstanding a deferred payment agreement with a non-Federal
interest, the
[[Page 134 STAT. 2718]]
Secretary shall accept, without interest of any type, the
repayment of a non-Federal contribution for any eligible
deferred payment described in paragraph (2)(B) for which--
``(A) the non-Federal interest makes a payment of at
least $200 million for that eligible deferred payment
agreement on or before September 30, 2021; and
``(B) the non-Federal interest repays the remaining
principal by September 30, 2023.''.
SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
titled ``Report to Congress on Future Water Resources Development'', or
have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Sacramento area, california.--Section 219(f)(23) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1840) is amended to read as follows:
``(23) Sacramento area, california.-- $45,000,000 for
regional water conservation, recycling, reliability, and
resiliency projects in Placer, El Dorado, and Sacramento
Counties and the San Juan Suburban Water District,
California.''.
(2) South perris, california.--Section 219(f)(52) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220) is amended by striking ``
$25,000,000'' and inserting `` $50,000,000''.
(3) Madison and st. clair counties, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is amended by
striking `` $10,000,000'' and inserting `` $45,000,000''.
(4) Southern and eastern kentucky.--Section 531 of the Water
Resources Development Act of 1996 (110 Stat. 3773; 113 Stat.
348; 117 Stat. 142; 121 Stat. 1226) is amended--
(A) in subsection (g), by inserting ``Boyd, Carter,
Elliott, Lincoln,'' after ``Lee,''; and
(B) in subsection (h), by striking `` $40,000,000''
and inserting `` $100,000,000''.
(5) Desoto county, mississippi.--Section 219(f)(30) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257;
122 Stat. 1623) is amended by striking `` $75,000,000'' and
inserting `` $130,000,000''.
(6) Jackson county, mississippi.--Section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 1494; 121 Stat. 1258) is amended--
(A) in subsection (c)(5), by striking ``water supply
and'' and inserting ``water supply, projects for
stormwater and drainage systems, and''; and
(B) in subsection (e)(1), by striking ``
$32,500,000'' and inserting `` $57,500,000''.
(7) St. louis, missouri.--Section 219(f)(32) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
337; 121 Stat. 1233) is amended by striking `` $35,000,000'' and
inserting `` $70,000,000''.
[[Page 134 STAT. 2719]]
(8) Midwest city, oklahoma.--Section 219(f)(231) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1266) is amended by striking ``
$2,000,000'' and inserting `` $5,000,000''.
(9) South central pennsylvania.--Section 313 of the Water
Resources Development Act of 1992 (106 Stat. 4845; 109 Stat.
407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat.
1146) is amended--
(A) in subsection (g)(1), by striking ``
$200,000,000'' and inserting `` $400,000,000''; and
(B) in subsection (h)(2), by inserting ``Beaver,
Jefferson,'' after ``Washington,''.
(10) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838;
130 Stat. 1677; 132 Stat. 3818) is amended by striking ``
$89,550,000'' and inserting `` $110,000,000''.
(11) El paso county, texas.--Section 219(f)(269) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1268) is amended by striking ``
$25,000,000'' and inserting `` $75,000,000''.
(12) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 139;
117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219;
123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is amended--
(A) by striking the section heading and inserting
``<SUP>western</SUP> rural</SUP> water.</SUP>'';
(B) in subsection (b), by inserting ``Arizona,''
before ``rural Idaho'';
(C) in subsection (c), by inserting ``Arizona,''
before ``Idaho''; and
(D) in subsection (i), by striking ``for the period
beginning with fiscal year 2001, $435,000,000, to remain
available until expended.'' and inserting the following:
``, to remain available until expended--
``(1) <<NOTE: Time period.>> for the period beginning with
fiscal year 2001, $435,000,000 for Idaho, Montana, rural Nevada,
New Mexico, rural Utah, and Wyoming; and
``(2) $150,000,000 for Arizona.''.
(13) Central west virginia.--Section 571(h) of the Water
Resources Development Act of 1999 (113 Stat. 371; 121 Stat.
1257) is amended by striking `` $20,000,000'' and inserting ``
$100,000,000''.
(14) Southern west virginia.--Section 340(g) of the Water
Resources Development Act of 1992 (106 Stat. 4856; 110 Stat.
3727; 113 Stat. 320) is amended by striking `` $40,000,000'' and
inserting `` $120,000,000''.
(c) Lowell Creek Tunnel, Seward, Alaska.--Section 5032(a)(2) of the
Water Resources Development Act of 2007 (Public Law 110-114, 121 Stat.
1205) is amended by striking ``15'' and inserting ``20''.
(d) Cape Arundel Disposal Site, Maine.--Section 1312 of the Water
Resources Development Act of 2018 (132 Stat. 3821) is amended by
striking ``December 31, 2021'' and inserting ``September 30, 2024''.
[[Page 134 STAT. 2720]]
SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.
(a) <<NOTE: Missouri.>> Water Supply.--The following project
modifications for water supply, as identified in the report entitled
``Report to Congress on Future Water Resources Development'' dated
February 2019, and submitted to Congress on June 3, 2019, pursuant to
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to
be carried out by the Secretary substantially in accordance with the
recommendations included in such report pursuant to section 301(c) of
the Water Supply Act of 1958 (43 U.S.C. 390b(c)) and as follows:
(1) Clarence cannon dam and mark twain lake project, salt
river, missouri.--
(A) In general.--The project for Clarence Cannon Dam
and Mark Twain Lake Project, Salt River, Missouri,
authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is
modified to release 5,600 acre-feet of future use water
supply storage to the Federal Government under water
supply contract No. DACW43-88-C-0036, and future
financial obligations for such volume of storage.
(B) Relief of certain obligations.--Upon execution
of the amendment required by subparagraph (C), the State
of Missouri shall be relieved of the obligation to pay
the percentage of the annual operation and maintenance
expense, the percentage of major replacement cost, and
the percentage of major rehabilitation costs, of the
joint use facilities of the project described in
subparagraph (A), that are attributable to water supply
storage space not being used by the State during the
period before the State commences use of the storage
space.
(C) Amendment to contract.--The Secretary shall
amend Water Supply Contract No. DACW43-88-C-0036, dated
March 10, 1988, between the United States and the State
of Missouri, to implement the modifications required
under subparagraphs (A) and (B).
(2) City of plattsburg.--
(A) In general.--The project for Smithville Lake,
Missouri, authorized pursuant to section 204 of the
Flood Control Act of 1965 (79 Stat. 1080), is modified
to release the City of Plattsburg, Missouri, from--
(i) 8,850 acre-feet of future water supply
storage contracts; and
(ii) future financial obligations for the
volume of storage described in clause (i).
(B) Amendment to contract.--The Secretary shall
amend water supply contract No. DACW41-73-C-0008,
between the United States and the State of Missouri, to
implement the modifications under subparagraph (A).
(3) City of smithville.--
(A) In general.--The project for Smithville Lake,
Missouri, authorized pursuant to section 204 of the
Flood Control Act of 1965 (79 Stat. 1080), is modified
to release the City of Smithville, Missouri, from--
(i) 6,000 acre-feet of future water supply
storage contracts; and
[[Page 134 STAT. 2721]]
(ii) future financial obligations for the
volume of storage described in clause (i).
(B) Amendment to contract.--The Secretary shall
amend water supply contract No. DACW-41-73-C-0007,
between the United States and the State of Missouri, to
implement the modifications under subparagraph (A).
(b) <<NOTE: Determinations.>> Flood Risk Management.--The following
project modifications for flood risk management, as identified in a
report entitled ``Report to Congress on Future Water Resources
Development'', and submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress, are authorized to be carried out by the
Secretary:
(1) Modification of the project for flood risk management,
lower Mississippi River, authorized by the Act of May 15, 1928
(chapter 569, 45 Stat. 534), to incorporate the Wolf River
Backwater and Nonconnah Creek levee systems into the project,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1575; 50 Stat. 881), subject to the determination
of the Secretary that such systems meet all requirements
applicable to such project.
(2) <<NOTE: Arkansas. Louisiana. Texas.>> Modification of
the project for flood risk management, Red River below Denison
Dam, Arkansas, Louisiana, and Texas, authorized by the Act of
June 28, 1938 (chapter 795, 52 Stat. 1219), to incorporate the
Cherokee Park Levee into the project, subject to the
determination of the Secretary that such levee meets all
requirements applicable to such project.
SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.
(a) <<NOTE: Coordination.>> Expedited Completions.--
(1) Upper snake river basin.--The Secretary shall expedite,
in coordination with State, Tribal, and local authorities, the
completion of maintenance and repair activities for those
elements of the levee systems in the Upper Snake River Basin,
authorized pursuant to the Flood Control Act of 1950 (64 Stat.
179), that are operated and maintained by the Secretary.
(2) Lower missouri river basin.--The Secretary shall
expedite, in coordination with State and local authorities and
stakeholders, the completion of maintenance and repair
activities for those elements of the levee systems in the Lower
Missouri River Basin, authorized pursuant to the Pick-Sloan
Missouri River Basin Program (authorized by section 9(b) of the
Act of December 22, 1944 (chapter 665, 58 Stat. 891)) or the
Missouri River Bank Stabilization and Navigation project
(authorized by section 2 of the Act of March 2, 1945 (chapter
19, 59 Stat. 19)), that are operated and maintained by the
Secretary.
(3) Coos bay north jetty system, oregon.--The Secretary
shall expedite, in coordination with State and local authorities
and stakeholders, the completion of maintenance and repair
activities for those elements of the Coos Bay North Jetty
system, Oregon, authorized by the first section of the Act of
January 21, 1927 (chapter 47, 44 Stat. 1014), that are operated
and maintained by the Secretary.
(4) Indian river inlet and bay, delaware.--The Secretary
shall expedite, in coordination with State and local
authorities, the completion of maintenance and repair activities
[[Page 134 STAT. 2722]]
for the elements of the project for navigation, Indian River
Inlet and Bay, Delaware, authorized by the Act of August 26,
1937 (chapter 832, 50 Stat. 846), that are operated and
maintained by the Secretary.
(b) Savings Provision.--Nothing in this section affects the
responsibility of the Secretary to comply with the requirements of any
Federal law in carrying out the activities required to be expedited by
this section.
SEC. 355. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) Muddy river, massachusetts.--The separable elements for
ecosystem restoration of the project for flood damage reduction
and environmental restoration, Muddy River, Brookline and
Boston, Massachusetts, authorized by section 522 of the Water
Resources Development Act of 2000 (114 Stat. 2656), and
deauthorized pursuant to section 6001 of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1345), are
authorized to be carried out by the Secretary, subject to
subsection (b).
(2) East chester creek, new york.--Notwithstanding section
1001 of the Water Resources Development Act of 1986 (33 U.S.C.
579a), the project for navigation, East Chester Creek, New York,
authorized by section 101 of the River and Harbor Act of 1950
(64 Stat. 164; 100 Stat. 4181), and deauthorized pursuant to
section 1001 of the Water Resources Development Act of 1986 (33
U.S.C. 579(a)), is authorized to be carried out by the
Secretary, subject to subsection (b).
(3) Christiansted harbor, united states virgin islands.--
Notwithstanding section 1002 of the Water Resources Development
Act of 1986 (100 Stat. 4221), the portion of the project for
navigation, Christiansted Harbor, St. Croix, United States
Virgin Islands, authorized by section 101 of the River and
Harbor Act of 1950 (64 Stat. 167), and deauthorized under
section 1002 of the Water Resources Development Act of 1986 (100
Stat. 4221), is authorized to be carried out by the Secretary,
subject to subsection (b).
(4) Charlotte amalie (st. thomas) harbor, united states
virgin islands.--Notwithstanding section 1002 of the Water
Resources Development Act of 1986 (100 Stat. 4221), the portion
of the project for navigation, Charlotte Amalie (St. Thomas)
Harbor, St. Thomas, United States Virgin Islands, authorized by
the Act of August 26, 1937 (chapter 832, 50 Stat. 850), and
deauthorized under section 1002 of the Water Resources
Development Act of 1986 (100 Stat. 4221), is authorized to be
carried out by the Secretary, subject to subsection (b).
(b) Report to Congress.--The Secretary shall complete and submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a post-authorization change report (as such term is defined in
section 1132(d) of the Water Resources Development Act of 2016 (33
U.S.C. 2282e(d)) prior to carrying out a project identified in
subsection (a).
SEC. 356. CONVEYANCES.
(a) Generally Applicable Provisions.--
[[Page 134 STAT. 2723]]
(1) <<NOTE: Determination.>> Survey to obtain legal
description.--The exact acreage and the legal description of any
real property to be conveyed under this section shall be
determined by a survey that is satisfactory to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on the
real property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United
States.
(b) Eufaula, Alabama.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Eufaula, Alabama, all right, title, and interest of
the United States in and to the real property described in the
Department of the Army Lease No. DACW01-2-17-0747, containing
56.76 acres, more or less, and being a part of Tracts L-1268
(26.12 acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and
L1279 (10.36 acres) of the Walter F. George Lock and Dam and
Lake project.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) <<NOTE: Determination.>> Consideration.--The City of
Eufaula, Alabama, shall pay to the Secretary an amount that is
not less than the fair market value of the property conveyed
under this subsection, as determined by the Secretary.
(c) Montgomery, Alabama.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Montgomery, Alabama, all right, title, and interest
of the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed is the 62.38
acres of land and water under the primary jurisdiction of the
Secretary in the R.E. ``Bob'' Woodruff Project Area that is
covered by lease number DACW01-1-05-0037, including the parcels
and structure known as ``Powder Magazine''.
(3) Deadline.--To the extent practicable, the Secretary
shall complete the conveyance under this subsection by not later
than 180 days after the date of enactment of this Act.
(4) <<NOTE: Determination.>> Deed.--The Secretary shall
convey the property under this subsection by quitclaim deed
under such terms and conditions as the Secretary determines
appropriate to protect the
[[Page 134 STAT. 2724]]
interests of the United States, to include retaining the right
to inundate with water any land transferred under this
subsection.
(5) <<NOTE: Determination.>> Consideration.--The City of
Montgomery, Alabama, shall pay to the Secretary an amount that
is not less than the fair market value of the property conveyed
under this subsection, as determined by the Secretary.
(d) Conveyance of Wilmington Harbor North Disposal Area, Delaware.--
(1) In general.--As soon as practicable, the Secretary shall
complete the conveyance of the Wilmington Harbor North Disposal
Area confined disposal facility, Delaware, to the State of
Delaware.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) <<NOTE: Determination.>> Consideration.--The State of
Delaware shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(e) Ohio River Lock and Dam Number 52, Massac County, Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to
the Massac-Metropolis Port District, Illinois, all right, title,
and interest of the United States in and to any real property
located north of the south bank of the Ohio River in Massac
County, Illinois, that is associated with the Ohio River Lock
and Dam 52.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(3) <<NOTE: Determination.>> Consideration.--The Massac-
Metropolis Port District, Illinois, shall pay to the Secretary
an amount that is not less than fair market value of the
property conveyed under this subsection, as determined by the
Secretary.
(f) Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.--
(1) Conveyance authorized.--As soon as practicable after the
date of enactment of this Act, the Secretary shall, upon
request--
(A) convey, without consideration, to the City of
Minneapolis, Minnesota, or its designee, all or
substantially all of the real property owned by the
United States adjacent to or in the vicinity of the
Upper St. Anthony Falls Lock and Dam, subject to the
right of the Secretary to retain any easements in such
property solely to the extent necessary to continue to
operate and maintain the Upper St. Anthony Falls Lock
and Dam; and
(B) provide, without consideration, to the City or
its designee--
(i) access and use rights by license,
easement, or similar agreement, to any real
property and structures at the site of the Upper
St. Anthony Falls Lock and Dam that is not
conveyed under subparagraph (A); and
[[Page 134 STAT. 2725]]
(ii) for any such property retained by the
Secretary, exclusive license or easement over such
property to allow the City or its designee to
construct, use, and operate amenities thereon, and
to utilize such property as a comprehensive
recreational, touristic, and interpretive
experience.
(2) Ownership and operation of lock and dam.--Ownership
rights to the Upper St. Anthony Falls Lock and Dam shall not be
conveyed under this subsection, and the Secretary shall retain
all rights to operate and maintain the Upper St. Anthony Falls
Lock and Dam.
(3) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection is
not used for a public purpose, all right, title, and interest in
and to the property shall revert, at the discretion of the
Secretary, to the United States.
(4) Upper st. anthony falls lock and dam defined.--In this
subsection, the term ``Upper St. Anthony Falls Lock and Dam''
means the lock and dam located on Mississippi River Mile 853.9
in Minneapolis, Minnesota.
(g) Clinton, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Clinton, Missouri, without consideration, all right,
title, and interest of the United States in and to the real
property described in paragraph (2).
(2) Property.--The property to be conveyed is a tract of
land situated in the S \1/2\ of Section 12 and the N \1/2\ of
Section 13, Township 41 North, Range 26 West of the Fifth
Principal Meridian, Henry County, Missouri, more particularly
described as follows: Beginning at the point of intersection of
the north line of said S \1/2\ of Section 12 and the easterly
right-of-way of State Highway No. 13; thence easterly along the
north line of said S \1/2\ to the northeast corner of the W \1/
2\ NW \1/4\ NE \1/4\ SW \1/4\ of said Section 12; thence
southerly along the east line of said W \1/2\ NW \1/4\ NE \1/4\
SW \1/4\ to the southeast corner thereof; thence easterly along
the north line of the S \1/2\ NE \1/4\ SW \1/4\ of said Section
12 to the southwest corner of the W \1/2\ NW \1/4\ NW \1/4\ SE
\1/4\ of said Section 12; thence in a northeasterly direction to
the northeast corner of said W \1/2\ NW \1/4\ NW \1/4\ SE \1/4\
; thence easterly along the north line of said S \1/2\ to the
westerly right-of-way of the County Road; thence in a
southeasterly and southerly direction along the westerly right-
of-way of said County Road approximately 2500 feet to the center
of Deer Creek; thence in a southwesterly direction along the
center of said Deer Creek, approximately 3900 feet to the south
line of said N \1/2\ of Section 13; thence westerly along the
south line of said N \1/2\ to the easterly right-of-way line of
the St. Louis-San Francisco Railroad; thence in a northwesterly
direction along the easterly right-of-way of said railroad to
the easterly right-of-way of said State Highway No. 13; thence
in a northeasterly direction along the easterly right-of-way of
said State Highway No. 13 to the point of the beginning; and
including a roadway easement for ingress and egress, described
as a strip of land 80 feet in width, lying 40 feet on each side
of the following described line, the initial extremities of the
following described strip being extended or reduced as required
[[Page 134 STAT. 2726]]
to exactly adjoin the boundary lines which they meet, situated
in the S \1/2\ of Section 12, Township 41 North Range 26 West of
the Fifth Principal Meridian, Henry County, Missouri, more
particularly described as follows: Commencing at the center of
said Section 12, thence 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) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection is
not being used for a public purpose, all right, title, and
interest in and to the property shall revert, at the discretion
of the Secretary, to the United States.
(h) City of Clinton, Old Orchard Addition, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the City of Clinton, Missouri, all right, title, and interest of
the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed is Lot 28 in Old
Orchard Addition, a subdivision of the City of Clinton, Henry
County, Missouri, containing 0.36 acres, more or less, including
any improvements thereon.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, including such reservations,
terms, and conditions as the Secretary determines necessary to
allow the United States to operate and maintain the Harry S.
Truman Reservoir Project.
(4) <<NOTE: Determination.>> Consideration.--The City of
Clinton, Missouri, shall pay to the Secretary an amount that is
not less than the
[[Page 134 STAT. 2727]]
fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(i) Tri-County Levee District, Missouri.--
(1) Conveyance authorized.--The Secretary shall convey to
the Tri-County Levee District, Missouri, all right, title, and
interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is the part of
Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M.
in Montgomery County, Missouri, described as follows: A tract of
land being 60' wide and lying South and East of and adjoining
the centerline of the existing levee and being described as
follows: Commencing at the NW corner of Section 12, thence S 87
52' 35'' E 587.4', thence S 01 29' 25'' W 453.68' to the point
of the beginning; said point being in the center of the levee,
thence with the centerline of the levee N 77 01' 30'' E
164.92', thence N 74 26' 55'' E 250.0', thence N 72 27' 55'' E
270.0', thence N 69 06' 10'' E 300.0', thence N 66 42' 15'' E
500.0', thence N 64 14' 30'' E 270.0', thence N 61 09' 10'' E
800.0', thence N 60 58' 15'' E 1724.45', thence leaving the
centerline S 01 10' 35'' W 69.43', thence parallel with the
above described centerline S 60 58' 15'' W 1689.62', thence S
61 09' 10'' W 801.71', thence S 64 14' 30'' W 272.91', thence
S 66 42' 15'' W 502.55', thence S 69 06' 10'' W 303.02',
thence S 72 27' 55'' W 272.8', thence S 74 26' 55'' W 252.39',
thence S 77 01' 30'' W 181.75', thence leaving the South side
of the levee N 01 26' 25'' E 61.96' to the point of beginning
and containing 5.89 acres more or less.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) <<NOTE: Determination.>> Consideration.--The Tri-County
Levee District, Missouri, shall pay to the Secretary an amount
that is not less than the fair market value of the property
conveyed under this subsection, as determined by the Secretary.
(j) Judge Joseph Barker, Jr., House, Ohio.--
(1) <<NOTE: Definition.>> Non-federal entity.--In this
subsection, the term ``non-Federal entity'' means the Friends of
Joseph Barker, Jr., House, a nonprofit organization in the State
of Ohio.
(2) Conveyance authorized.--
(A) In general.--Subject to paragraph (6), the
Secretary shall convey to the non-Federal entity,
without consideration, all right, title, and interest of
the United States in and to the property described in
paragraph (3)(A).
(B) Easement.--Upon conveyance of the property under
subparagraph (A), the Secretary shall provide to the
non-Federal entity, without consideration, an easement
over the property described in paragraph (3)(B) for
access to the conveyed property for as long as the non-
Federal entity is in legal possession of the conveyed
property.
(3) Descriptions of property.--
(A) In general.--The property referred to in
paragraph (2)(A) is the following (as in existence on
the date of enactment of this Act):
[[Page 134 STAT. 2728]]
(i) Judge joseph barker, jr., house.--The
tract of land situated in the State of Ohio,
Washington County, on the Ohio River, and being
particularly bounded and described as follows:
Beginning at a point located on the southern
right-of-way line of Ohio Route 7, a new corner to
the land now or formerly owned by the United
States of America; thence, leaving the right-of-
way of said Route 7 and severing the land of said
United States of America parallel to and
approximately 10 feet easterly of the toe of the
existing dredge disposal berm, southeasterly
approximately 326 feet to a point prior to the
current Corps of Engineers access to the dredging
spoil area; thence, northeasterly approximately
480 feet paralleling the top of the slope to the
riverbank side of the house and approximately 25
feet northerly therefrom; thence, northwest
approximately 302 feet to a point in the southern
right-of-way of Ohio Route 7; thence with the
right-of-way of said Route 7, southwesterly
approximately 485 feet to the point of beginning,
containing approximately 3.51 acres.
(ii) Road tract.--The tract of land situated
in the State of Ohio, Washington County, on the
Ohio River, and being particularly bounded and
described as follows: Beginning at a point located
on the southern right-of-way line of Ohio Route 7,
a new corner to the land now or formerly owned by
the United States of America; thence, leaving the
right-of-way of said Route 7 and severing the land
of said United States of America and with the
House Parcel southeasterly 25 feet; thence,
northeast, running parallel to said Route 7 right-
of-way, approximately 994 feet to a point of
deflection; thence northeasterly 368 feet to a
point beyond the existing fence corner; thence,
east 140 feet to the edge of the existing Willow
Island access road; thence with said access road,
northwesterly approximately 62 feet to a point in
the southern right-of-way of Ohio Route 7; thence
with the right-of-way of said Route 7,
southwesterly approximately 1,491 feet to the
point of beginning, containing approximately 1
acre.
(B) Easement.--The property referred to in paragraph
(2)(B) is the following: The tract of land situated in
the State of Ohio, Washington County, on the Ohio River,
and being particularly bounded and described as follows:
Beginning at a point at the intersection of the southern
right-of-way of Ohio Route 7 and the northeast side of
the existing Willow Island access road, a new corner to
the land now or formerly owned by the United States of
America; thence, southwest, running with said Route 7
right-of-way, approximately 30 feet to a point on the
southwest side of the existing access road, and corner
to the road tract; thence with said access road and the
line of the road parcel, southeasterly approximately 62
feet to a point; thence leaving the road parcel and
crossing the existing access road northeasterly
approximately 30 feet to a point located on the
northeast side of the existing
[[Page 134 STAT. 2729]]
access road; thence, northwesterly approximately 62
feet, to the point of beginning, containing
approximately 0.04 acre.
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(5) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection is
not being used by the non-Federal entity for a public purpose,
all right, title, and interest in and to the property shall
revert, at the discretion of the Secretary, to the United
States.
(6) Requirements.--
(A) Improvements; environmental assessment.--
(i) <<NOTE: Consultation.>> Improvements.--
The Secretary shall make such improvements and
alterations to the property described in paragraph
(3)(A)(i) as the Secretary, in consultation with
the non-Federal entity and relevant stakeholders,
determines to be appropriate to facilitate
conveyance of the property and provision of the
easement under this subsection.
(ii) Environmental assessment.--Before making
a conveyance under paragraph (2), the Secretary
shall--
(I) <<NOTE: Investigation.>>
conduct, with respect to the property to
be conveyed, an assessment of the
environmental condition of the property,
including an investigation of any
potential hazardous, toxic, or
radioactive waste present on such
property; and
(II) <<NOTE: Reports.>> submit to
the non-Federal entity a report
describing the results of such
assessment.
(iii) Limitation.--The total cost of the
activities carried out by the Secretary under this
subparagraph shall be not more than $120,000.
(B) Refusal by non-federal entity.--
(i) In general.--Upon review by the non-
Federal entity of the report under subparagraph
(A)(ii), the non-Federal entity may elect to
refuse the conveyance under this subsection.
(ii) Election.--An election under clause (i)--
(I) shall be at the sole discretion
of the non-Federal entity; and
(II) <<NOTE: Deadline.>> shall be
made by the non-Federal entity by not
later than the date that is 30 days
after the date of submission of the
report under subparagraph (A)(ii)(II).
(C) Dredged material placement activities.--The
Secretary shall--
(i) <<NOTE: Notification. Coordination.>>
notify and coordinate with the non-Federal entity
and relevant stakeholders before carrying out any
dredged material placement activities associated
with the property described in paragraph (3)(A)
after the date on which such property is conveyed
under this subsection; and
[[Page 134 STAT. 2730]]
(ii) in carrying out a dredged material
placement activity under clause (i), act in
accordance with Engineer Manual EM 1110-2-5025 (or
a subsequent version of that manual).
(7) <<NOTE: Determination.>> Reservation of rights.--The
Secretary may reserve and retain from any conveyance under this
subsection a right-of-way or any other right that the Secretary
determines to be necessary for the operation and maintenance of
the authorized Federal channel along the Ohio River.
(8) Treatment.--Conveyance to the non-Federal entity under
this subsection of property described in paragraph (3)(A)(i)
shall satisfy all obligations of the Secretary with respect to
such property under--
(A) section 306101 of title 54, United States Code;
and
(B) section 306108 of title 54, United States Code,
with respect to the effects on the property of dredged
material placement activities carried out by the
Secretary after the date of the conveyances.
(9) Inapplicability.--Subtitle I of title 40, and chapter 4
of title 41, United States Code shall not apply to any
conveyance or easement provided under this subsection.
(k) Leaburg Fish Hatchery, Lane County, Oregon.--
(1) Conveyance authorized.--Subject to the provisions of
this subsection, the Secretary shall convey, without
consideration, to the State of Oregon, acting through the Oregon
Department of Fish and Wildlife, all right, title, and interest
of the United States in and to the real property comprising the
Leaburg Fish Hatchery, consisting of approximately 21.55 acres,
identified as tracts Q-1500, Q-1501E, and 300E-1 and described
in Department of the Army Lease No. DACW57-1-18-0009, together
with any improvements on the property.
(2) Water rights.--The Secretary may transfer to the State
of Oregon, acting through the Oregon Department of Fish and
Wildlife, any water rights held by the United States that are
appurtenant to the property conveyed under this subsection.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, including a condition that
all of the property conveyed under this subsection be used and
maintained by the State of Oregon for the purpose of operating a
fish hatchery in perpetuity.
(4) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection is
not being used or maintained by the State of Oregon for the
purpose of operating a fish hatchery in perpetuity, all or any
portion of the property, including any water rights transferred
under this subsection, shall, at the option of the Secretary,
revert to the United States.
(5) Savings clause.--If the State of Oregon does not accept
the conveyance under this subsection, the Secretary may dispose
of the property, including appurtenant water rights, under
subchapter III of chapter 5 of title 40, United States Code.
(l) Willamette Falls Locks, Willamette River, Oregon.--
(1) Definitions.--In this section:
[[Page 134 STAT. 2731]]
(A) Real estate appendix.--The term ``real estate
appendix'' means Appendix A of the document published by
the District Commander of the Portland District of the
Corps of Engineers, titled ``Willamette Falls Locks
Willamette River Oregon Section 216 Disposition Study
with Integrated Environmental Assessment''.
(B) <<NOTE: Consultation.>> Receiving entity.--The
term ``receiving entity'' means an entity identified by
the State of Oregon, in consultation with the Willamette
Falls Locks Commission, to receive the conveyance under
paragraph (2).
(C) Willamette falls locks project.--The term
``Willamette Falls Locks project'' means the project for
navigation, Willamette Falls Locks, Willamette River,
Oregon, authorized by the Act of June 25, 1910 (36 Stat.
664, chapter 382).
(D) Willamette falls locks report.--The term
``Willamette Falls Locks report'' means the memorandum
of the Director of Civil Works with the subject
``Willamette Falls Locks (WFL), Willamette River Oregon
Section 216 Disposition Study with Integrated
Environmental Assessment (Study)'', dated July 11, 2019.
(2) Conveyance authorized.--The Secretary is authorized to
convey to the receiving entity, without consideration, all
right, title, and interest of the United States in and to any
land in which the Federal Government has a property interest for
the Willamette Falls Locks project, together with any
improvements on the land, subject to the requirements of this
subsection and in accordance with the Willamette Falls Locks
report.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Subject to existing easements and other interests.--The
conveyance of property under paragraph (2) shall be subject to
all existing deed reservations, easements, rights-of-way, and
leases that are in effect as of the date of the conveyance.
(5) <<NOTE: Determination.>> Reversion.--If the Secretary
determines that the property conveyed under this subsection
cease to be held in public ownership, all right, title, and
interest in and to the property shall revert, at the discretion
of the Secretary, to the United States.
(6) Requirements before conveyance.--
(A) Perpetual road easement.--Before making the
conveyance under paragraph (2), the Secretary shall
acquire a perpetual road easement from an adjacent
property owner for use of an access road, which easement
shall convey with the property conveyed under such
paragraph.
(B) <<NOTE: Assessment.>> Environmental
compliance.--Before making the conveyance under
paragraph (2), in accordance with the real estate
appendix, the Secretary shall complete a Phase 1
Environmental Site Assessment pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
[[Page 134 STAT. 2732]]
(C) <<NOTE: Memorandum.>> Historic preservation.--
The Secretary may enter into a memorandum of agreement
with the Oregon State Historic Preservation Office and
the Advisory Council on Historic Preservation that
identifies actions the Secretary shall take before
making the conveyance under paragraph (2).
(D) Repairs.--Before making the conveyance under
paragraph (2), the Secretary shall carry out repairs to
address primary seismic and safety risks in accordance
with the recommendations approved in the Willamette
Falls Locks report.
(7) <<NOTE: Effective date.>> Deauthorization.--Beginning
on the date on which the Secretary makes the conveyance under
paragraph (2), the Willamette Falls Locks project is no longer
authorized.
SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.
Section 3133(b) of the Water Resources Development Act of 2007 (121
Stat. 1141) is amended by adding at the end the following:
``(5) Termination.--The committee shall terminate on the
date that is 30 days after the date on which the committee
submits final recommendations to the Secretary.''.
SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.
(a) In General.--Section 705 of the Water Resources Development Act
of 2000 (114 Stat. 2696) is repealed.
(b) Conforming Amendments.--
(1) Purposes.--Section 702(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended by inserting
``prepared under section 705(e) (as in effect on the day before
the date of enactment of the Water Resources Development Act of
2020)'' before the period at the end.
(2) Definitions.--Section 703 of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as
paragraphs (2) and (3), respectively.
SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.
(a) In General.--Section 905 of the Water Resources Development Act
of 2000 (114 Stat. 2709) is repealed.
(b) Conforming Amendments.--
(1) Purposes.--Section 902(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended by inserting
``prepared under section 905(e) (as in effect on the day before
the date of enactment of the Water Resources Development Act of
2020)'' before the period at the end.
(2) Definitions.--Section 903 of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as
paragraphs (2) and (3), respectively.
SEC. 360. <<NOTE: Repeals.>> CONFORMING AMENDMENTS.
(a) Section 710 of the Water Resources Development Act of 1986 (33
U.S.C. 2264), and the item relating to such section in the table of
contents, are repealed.
(b) Section 1001 of the Water Resources Development Act of 1986 (33
U.S.C. 579a) is amended--
[[Page 134 STAT. 2733]]
(1) in subsection (b), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2); and
(2) by striking subsection (c).
(c) Section 1001 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2282c) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``Notwithstanding
the requirements of subsection (c), the Secretary'' and
inserting ``The Secretary'';
(B) by striking ``subsections (a) and (c)'' each
place it appears and inserting ``subsection (a)''; and
(C) by striking paragraph (4); and
(2) by striking subsection (c) and redesignating subsections
(d) through (g) as subsections (c) through (f), respectively.
(d) Section 6003 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 579c), and the item relating to such section in the
table of contents, are repealed.
(e) Section 1301 of the Water Resources Development Act of 2016 (33
U.S.C. 579d), and the item relating to such section in the table of
contents, are repealed.
(f) Section 1302 of the Water Resources Development Act of 2016 (33
U.S.C. 579c-1), and the item relating to such section in the table of
contents, are repealed.
(g) Section 1301 of the Water Resources Development Act of 2018 (33
U.S.C. 579d-1), and the item relating to such section in the table of
contents, are repealed.
(h) Section 1302 of the Water Resources Development Act of 2018 (33
U.S.C. 579c-2), and the item relating to such section in the table of
contents, are repealed.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Port of Nome May 29, 2020 Federal: $378,908,000
Modifications Non-Federal: $126,325,000
Total: $505,233,000
------------------------------------------------------------------------
[[Page 134 STAT. 2734]]
2. AK St. George Harbor August 13, Federal: $147,874,000
Improvement, St. 2020 Non-Federal: $16,508,000
George Total: $164,382,000
------------------------------------------------------------------------
3. AK Unalaska (Dutch February 7, Federal: $26,967,000
Harbor) Channels 2020 Non-Federal: $8,989,000
Total: $35,956,000
------------------------------------------------------------------------
4. CT New Haven Harbor May 7, 2020 Federal: $55,250,000
Navigation Non-Federal: $19,442,000
Improvement Total: $74,692,000
Project
------------------------------------------------------------------------
5. NY, New York and New April 23, Federal: $19,550,000
NJ Jersey Harbor 2020 Non-Federal: $6,520,000
Anchorages Total: $26,070,000
------------------------------------------------------------------------
6. TX Gulf Intracoastal October 23, Total: $414,144,000
Waterway, Brazos 2019
River Floodgates
and Colorado
River Locks
------------------------------------------------------------------------
7. TX Houston Ship April 23, Federal: $625,204,000
Channel Expansion 2020 Non-Federal: $260,431,000
Channel Total: $885,635,000
Improvement
Project, Harris,
Chambers, and
Galveston
Counties
------------------------------------------------------------------------
8. TX Matagorda Ship November 15, Federal: $140,156,000
Channel 2019 Non-Federal: $80,500,000
Improvement Total: $220,656,000
Project, Port
Lavaca
------------------------------------------------------------------------
9. VA Atlantic August 25, Federal: $102,755,000
Intracoastal 2020 Non-Federal: $0
Waterway, North Total: $102,755,000
Landing Bridge
Replacement
------------------------------------------------------------------------
(2) Flood risk management.--
[[Page 134 STAT. 2735]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AZ Little Colorado December 14, Federal: $54,260,000
River at Winslow, 2018 Non-Federal: $29,217,000
Navajo County Total: $83,477,000
------------------------------------------------------------------------
2. CA Westminster, East July 9, 2020 Federal: $324,905,000
Garden Grove, Non-Federal: $940,191,000
California Flood Total: $1,265,096,000
Risk Management
------------------------------------------------------------------------
3. CT, Westchester County May 7, 2020 Federal: $15,199,000
NY Streams, Byram Non-Federal: $15,199,000
River Basin, Total: $30,397,000
Fairfield County,
Connecticut, and
Westchester
County, New York
------------------------------------------------------------------------
4. KY Louisville October 27, Federal: $122,170,000
Metropolitan 2020 Non-Federal: $65,917,000
Flood Protection Total: $188,087,000
System
Reconstruction,
Jefferson and
Bullitt Counties
------------------------------------------------------------------------
5. ND Souris River Basin April 16, Federal: $59,582,915
Flood Risk 2019 Non-Federal: $32,364,085
Management Total: $91,947,000
------------------------------------------------------------------------
6. NJ Peckman River April 29, Federal: $98,137,000
Basin 2020 Non-Federal: $52,843,000
Total: $150,980,000
------------------------------------------------------------------------
7. NM Middle Rio Grande March 13, Federal: $201,944,451
Flood Protection, 2020 Non-Federal: $108,740,000
Bernalillo to Total: $310,684,000
Belen
------------------------------------------------------------------------
8. OK Tulsa and West- April 23, Federal: $89,311,000
Tulsa Levee 2020 Non-Federal: $48,091,000
System, Tulsa Total: $137,402,000
County
------------------------------------------------------------------------
[[Page 134 STAT. 2736]]
9. PR Rio Culebrinas at August 17, Federal: $17,295,600
Aguiadilla and 2020 Non-Federal: $8,568,400
Aguada Total: $25,864,000
------------------------------------------------------------------------
10. PR Rio Guayanilla August 13, Federal: $103,422,000
Flood Risk 2020 Non-Federal: $55,689,000
Management, Total: $159,111,000
Guayanilla
------------------------------------------------------------------------
11. PR Rio Grande de November 18, Federal: $9,770,000
Manati Flood Risk 2020 Non-Federal: $4,520,000
Management, Total: $14,290,000
Ciales
------------------------------------------------------------------------
12. USVI Savan Gut, St. August 24, Federal: $48,658,100
Thomas 2020 Non-Federal: $25,455,900
Total: $74,114,000
------------------------------------------------------------------------
13. USVI Turpentine Run, August 17, Federal: $29,817,850
St. Thomas 2020 Non-Federal: $15,311,150
Total: $45,129,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. DE Delaware March 6, 2020 Initial Federal:
Beneficial Use of $66,464,000
Dredged Material Initial Non-Federal:
for the Delaware $35,789,000
River Total: $102,253,000
Renourishment Federal:
$120,023,000
Renourishment Non-Federal:
$120,023,000
Renourishment Total:
$240,046,000
------------------------------------------------------------------------
[[Page 134 STAT. 2737]]
2. NJ New Jersey April 8, 2020 Initial Federal:
Beneficial Use of $84,071,000
Dredged Material Initial Non-Federal:
for the Delaware $45,270,000
River Total: $129,341,000
Renourishment Federal:
$85,495,000
Renourishment Non-Federal:
$85,495,000
Renourishment Total:
$170,990,000
------------------------------------------------------------------------
3. NJ Rahway River June 9, 2020 Federal: $48,322,000
Basin, New Jersey Non-Federal: $26,020,000
Coastal Storm Total: $74,342,000
Risk Management
------------------------------------------------------------------------
4. NJ Raritan Bay and August 25, Federal: $107,680,000
Sandy Hook Bay, 2020 Non-Federal: $57,981,000
Highlands Total: $165,661,000
------------------------------------------------------------------------
5. NY East Rockaway August 22, Initial Federal:
Inlet to Rockaway 2019 $638,460,000
Inlet and Jamaica Initial Non-Federal: $0
Bay, Atlantic Total: $638,460,000
Coast of New York Renourishment Federal:
$200,924,000
Renourishment Non-Federal:
$200,924,000
Renourishment Total:
$401,847,000
------------------------------------------------------------------------
[[Page 134 STAT. 2738]]
6. NY Fire Island Inlet July 9, 2020 Initial Federal:
to Montauk Point, $1,576,790,000
New York Initial Non-Federal: $0
Reformulation Total: $1,576,790,000
Renourishment Federal:
$767,695,000
Renourishment Non-Federal:
$767,695,000
Renourishment Total:
$1,535,390,000
------------------------------------------------------------------------
7. NY Hashamomuck Cove December 9, Initial Federal:
Coastal Storm 2019 $11,920,000
Risk Management Initial Non-Federal:
$6,418,000
Total: $18,338,000
Renourishment Federal:
$24,237,000
Renourishment Non-Federal:
$24,237,000
Renourishment Total:
$48,474,000
------------------------------------------------------------------------
8. RI Pawcatuck River December 19, Federal: $37,679,000
Coastal Storm 2018 Non-Federal: $20,289,000
Risk Management Total: $57,968,000
Project
------------------------------------------------------------------------
9. VA Norfolk Coastal February 5, Federal: $942,920,000
Storm Risk 2019 Non-Federal: $507,730,000
Management Total: $1,450,650,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
[[Page 134 STAT. 2739]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CO South Platte River July 29, 2019 Federal: $344,076,000
and Tributaries, Non-Federal: $206,197,000
Adams and Denver Total: $550,273,000
Counties
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Delta Islands and December 18, Federal: $17,251,000
Levees 2018 Non-Federal: $9,289,000
Total: $26,540,000
------------------------------------------------------------------------
2. CA Malibu Creek November 13, Federal: $172,249,000
Ecosystem 2020 Non-Federal: $106,960,000
Restoration, Los Total: $279,209,000
Angeles and
Ventura Counties
------------------------------------------------------------------------
3. CA Yuba River June 20, 2019 Federal: $66,975,000
Ecosystem Non-Federal: $36,064,000
Restoration Total: $103,039,000
------------------------------------------------------------------------
4. CO, Rio Grande, August 5, Federal: $16,998,000
NM, TX Environmental 2019 Non-Federal: $9,153,000
Management Total: $26,151,000
Program, Sandia
Pueblo to Isleta
Pueblo, New
Mexico, Ecosystem
Restoration
------------------------------------------------------------------------
5. FL Comprehensive April 8, 2020 Federal: $379,583,000
Everglades Non-Federal: $375,737,000
Restoration Plan, Total: $755,320,000
Loxahatchee River
Watershed
Restoration
Project, Martin
and Palm Beach
Counties
------------------------------------------------------------------------
[[Page 134 STAT. 2740]]
6. IA, Grand River Basin November 18, Federal: $78,876,000
MO Ecosystem 2020 Non-Federal: $42,471,000
Restoration Total: $121,347,000
------------------------------------------------------------------------
7. IL The Great Lakes May 23, 2019 Federal: $557,730,550
and Mississippi Non-Federal: $300,316,450
River Interbasin Total: $858,047,000
Study - Brandon
Road, Will County
------------------------------------------------------------------------
8. IL South Fork of the July 9, 2020 Federal: $11,657,000
South Branch of Non-Federal: $6,277,000
the Chicago Total: $17,934,000
River, Bubbly
Creek, Ecosystem
Restoration
------------------------------------------------------------------------
9. MD Anacostia December 19, Federal: $25,866,750
Watershed 2018 Non-Federal: $13,928,250
Restoration, Total: $39,795,000
Prince George's
County
------------------------------------------------------------------------
10. MO St. Louis November 1, Federal: $61,362,893
Riverfront- 2019 Non-Federal: $33,042,107
Meramec River Total: $94,405,000
Basin Ecosystem
Restoration
------------------------------------------------------------------------
11. NY, Hudson-Raritan May 26, 2020 Federal: $273,933,000
NJ Estuary Ecosystem Non-Federal: $147,502,000
Restoration Total: $421,435,000
------------------------------------------------------------------------
12. NY Hudson River November 19, Federal: $33,479,000
Habitat 2020 Non-Federal: $11,159,000
Restoration Total: $44,638,000
------------------------------------------------------------------------
13. TX Jefferson County September 12, Federal: $38,942,000
Ecosystem 2019 Non-Federal: $20,969,000
Restoration Total: $59,911,000
------------------------------------------------------------------------
(6) Water supply.--
[[Page 134 STAT. 2741]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. OR Willamette River December 18, Federal: $0
Basin Review 2019 Non-Federal: $0
Reallocation, Total: $0
------------------------------------------------------------------------
(7) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. CA San Luis Rey Flood July 24, 2020 Federal: $143,407,500
Control Project, Non-Federal: $47,802,500
San Diego County Total: $191,210,000
------------------------------------------------------------------------
2. FL Caloosahatchee July 24, 2020 Federal: $514,999,000
River West Basin Non-Federal: $514,999,000
Storage Reservoir Total: $1,029,998,000
(C-43 WBSR)
------------------------------------------------------------------------
3. FL Central and September 15, Federal: $66,736,500
Southern Florida, 2020 Non-Federal: $66,736,500
Canal 111 (C-111) Total: $133,473,000
South Dade
Project
------------------------------------------------------------------------
4. KY Kentucky Lock June 9, 2020 Total: $1,166,809,000
------------------------------------------------------------------------
5. NC Carolina Beach June 16, 2020 Federal: $25,125,000
Integrated Beach Non-Federal: $25,125,000
Renourishment Total: $50,250,000
------------------------------------------------------------------------
6. NC Wrightsville Beach July 2, 2020 Federal: $60,068,000
Non-Federal: $18,486,000
Total: $78,554,000
Renourishment Federal:
$18,918,900
Renourishment Non-Federal:
$10,187,100
Renourishment Total:
$29,106,000
------------------------------------------------------------------------
7. TX Corpus Christi May 4, 2020 Federal: $406,343,000
Ship Channel, Non-Federal: $275,274,000
Deepening and Total: $681,617,000
Widening and
Barge Shelves
------------------------------------------------------------------------
[[Page 134 STAT. 2742]]
8. VA Atlantic October 19, Federal: $59,500,000
Intracoastal 2020 Non-Federal: $0
Waterway Deep Total: $59,500,000
Creek Bridge
Replacement
------------------------------------------------------------------------
SEC. 402. SPECIAL RULES.
(a) Great Lakes and Mississippi River Interbasin Project, Brandon
Road, Will County, Illinois.--The Secretary shall carry out the project
for ecosystem restoration, Great Lakes and Mississippi River Interbasin
project, Brandon Road, Will County, Illinois, authorized by section 401
of this Act, substantially in accordance with the terms and conditions
described in the Report of the Chief of Engineers, dated May 23, 2019,
with the following modifications:
(1) The Federal share of the cost of construction shall be
80 percent.
(2) The Secretary may include the addition or substitution
of technologies or measures not described in the report, as the
Secretary determines to be advisable.
(b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay
Reformulation, New York.--The project for hurricane and storm damage
reduction, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay,
Atlantic Coast of New York, authorized by section 401 of this Act, shall
be considered to be a continuation of the interim response to the
authorization by the House of Representatives dated September 20, 1997,
and the authorization under the heading ``Department of the Army--Corps
of Engineers--Civil--Construction'' under chapter 4 of title X of the
Disaster Relief Appropriations Act, 2013 (127 Stat. 24).
(c) <<NOTE: Time period.>> Tulsa and West-Tulsa Levee System, Tulsa
County, Oklahoma.--For the project for flood risk management, Tulsa and
West-Tulsa Levee System, Tulsa County, Oklahoma, authorized by section
401 of this Act, the non-Federal contribution for the project shall be
financed over a period of 30 years from the date of completion of the
project, in accordance with section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)).
(d) Willamette River Basin Review Reallocation Study.--The Secretary
shall carry out the project for water supply, Willamette River Basin
Review Reallocation, Oregon, authorized by section 401 of this Act,
substantially in accordance with the terms and conditions described in
the Report of the Chief of Engineers, dated December 18, 2019, with the
following modifications:
(1) The Secretary shall meet the obligations of the Corps of
Engineers under the Endangered Species Act of 1973 by complying
with the June 2019 NMFS Willamette Basin Review Study Biological
Opinion Reasonable and Prudent Alternative until such time, if
any, as it is modified or replaced, in whole or in part, through
the consultation process under section 7(a) of the Endangered
Species Act of 1973.
[[Page 134 STAT. 2743]]
(2) The Secretary may reallocate not more than 10 percent of
overall storage in the joint conservation pool, as authorized by
this Act and without further congressional action, if such
reallocation is consistent with the ongoing consultation under
section 7(a) of the Endangered Species Act of 1973 related to
Willamette Valley System operations.
(3) The Secretary shall ensure that the revised reallocation
is not reallocated from a single storage use, does not seriously
affect authorized project purposes, and does not otherwise
involve major operational changes to the project.
(e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127 of the
Water Resources Development Act of 2007 (121 Stat. 1242) is amended by
striking `` $150,000,000'' and inserting `` $255,816,000''.
SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY STUDIES
PREPARED BY NON-FEDERAL INTERESTS.
(a) In General.--The Secretary is authorized to carry out the
following projects for water resources development and conservation and
other purposes, subject to subsection (b):
(1) Fort pierce, st. lucie county, florida.--The project for
hurricane and storm damage reduction, Fort Pierce, St. Lucie
County, Florida, as described in the review assessment of the
Secretary, titled ``Review Assessment of St. Lucie County,
Florida Fort Pierce Shore Protection Project Section 203
Integrated Feasibility Study and Environmental Assessment (June
2018)'' and dated July 2018, at a total cost of $33,107,639, and
at an estimated total cost of $97,958,972 for periodic
nourishment over the 50-year life of the project.
(2) Baptiste collette bayou, louisiana.--The project for
navigation, Baptiste Collette Bayou, Louisiana, as described in
the review assessment of the Secretary, titled ``Review
Assessment of Plaquemines Parish Government's Section 203 Study
Baptiste Collette Bayou Navigation Channel Deepening Project
Integrated Feasibility Study and Environmental Assessment
(January 2017, Amended April 2018)'' and dated June 2018, at a
total cost of $44,920,000.
(3) Houma navigation canal, louisiana.--The project for
navigation, Houma Navigation Canal, Louisiana, as described in
the review assessment of the Secretary, titled ``Review
Assessment of Houma Navigation Canal Deepening Project Section
203 Integrated Feasibility Report and DRAFT Environmental Impact
Statement (June 2018)'' and dated July 2018, at a total cost of
$253,458,000.
(4) Port fourchon belle pass channel, louisiana.--The
project for navigation, Port Fourchon Belle Pass Channel,
Louisiana, as described in the review assessment of the
Secretary, titled ``Review Assessment of Port Fourchon Belle
Pass Channel Deepening Project Section 203 Feasibility Study
(January 2019, revised January 2020)'' and dated April 2020, at
a total cost of $95,483,000.
(5) Wilmington harbor, north carolina.--The project for
navigation, Wilmington Harbor, North Carolina, as described in
the review assessment of the Secretary, titled ``Review
Assessment of Wilmington Harbor, North Carolina Navigation
Improvement Project Integrated Section 203 Study
[[Page 134 STAT. 2744]]
& Environmental Report (February 2020)'' and dated May 2020, at
a total cost of $834,093,000.
(6) Chacon creek, texas.--The project for flood risk
management, ecosystem restoration, and other purposes, Chacon
Creek, Texas, as described in the review assessment of the
Secretary, titled ``Review Assessment of Chacon Creek, Texas
Section 203 Integrated Feasibility Report and DRAFT
Environmental Assessment (August 2018)'' and dated September
2018, at a total cost of $51,973,000.
(b) Requirements.--The Secretary may only carry out a project
authorized under subsection (a)--
(1) <<NOTE: Assessment.>> substantially in accordance with
the applicable review assessment for the project submitted by
the Secretary under section 203(c) of the Water Resources
Development Act of 1986, as identified in subsection (a) of this
section, and subject to such modifications or conditions as the
Secretary considers appropriate and identifies in a final
assessment that addresses the concerns, recommendations, and
conditions identified by the Secretary in the applicable review
assessment; and
(2) after the Secretary transmits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate such final assessment.
TITLE V--OTHER MATTERS
SEC. 501. <<NOTE: 33 USC 610 note.>> UPDATE ON INVASIVE SPECIES
POLICY GUIDANCE.
(a) In General.--The Secretary shall periodically update the
Invasive Species Policy Guidance, developed under section 104 of the
River and Harbor Act of 1958 (33 U.S.C. 610) and the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
seq.), in accordance with the most recent National Invasive Species
Council Management Plan developed pursuant to Executive Order 13112.
(b) Inclusion.--The Secretary may include in the updated guidance
invasive species specific efforts at federally authorized water
resources development projects located in--
(1) high-altitude lakes; and
(2) the Tennessee and Cumberland River basins.
SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.
Section 1108 of the Water Resources Development Act of 2018 (33
U.S.C. 2263a) is amended--
(1) in subsection (a)--
(A) by striking ``management'' and inserting
``prevention, management,''; and
(B) by inserting ``, elodea, quagga mussels,'' after
``Asian carp''; and
(2) in subsection (b)--
(A) by inserting ``or could be impacted in the
future'' after ``impacted''; and
(B) by striking ``Pacific'' and all that follows
through the period at the end and inserting ``Pacific,
Arctic, and Gulf Coasts, the Great Lakes, and reservoirs
operated and maintained by the Secretary.''.
[[Page 134 STAT. 2745]]
SEC. 503. <<NOTE: 33 USC 610 note.>> TERRESTRIAL NOXIOUS WEED
CONTROL PILOT PROGRAM.
(a) <<NOTE: Consultation.>> In General.--The Secretary shall carry
out a pilot program, in consultation with the Federal Interagency
Committee for the Management of Noxious and Exotic Weeds, to identify
and develop new and improved strategies for terrestrial noxious weed
control on Federal land under the jurisdiction of the Secretary.
(b) Partnerships.--In carrying out the pilot program under
subsection (a), the Secretary shall act in partnership with such other
individuals and entities as the Secretary determines to be appropriate.
(c) Cooperative Agreements.--The Secretary may utilize cooperative
agreements with county and State agencies for the implementation of the
pilot program under subsection (a).
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall provide to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the new and improved strategies developed through the
pilot program under subsection (a).
SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, AND
MANAGEMENT.
Section 528(f)(2) of the Water Resources Development Act of 1996
(110 Stat. 3771) is amended--
(1) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively;
(2) by inserting after subparagraph (H) the following:
``(I) shall, using existing amounts appropriated to
the Task Force, develop and update, as appropriate, a
priority list of invasive species that--
``(i) reflects an assessment of ecological
risk that the listed invasive species represent;
``(ii) includes populations of invasive plants
and animals that--
``(I) are significantly impacting
the structure and function of ecological
communities, native species, or habitat
within the South Florida ecosystem; or
``(II) demonstrate a strong
potential to reduce, obscure, or
otherwise alter key indicators used to
measure Everglades restoration progress;
and
``(iii) shall be used by the Task Force and
agencies and entities represented on the Task
Force to focus cooperative and collaborative
efforts--
``(I) to guide applied research;
``(II) to develop innovative
strategies and tools to facilitate
improved management, control, or
eradication of listed invasive species;
``(III) to implement specific
management, control, or eradication
activities at the appropriate
periodicity and intensity necessary to
reduce or neutralize the impacts of
listed invasive species, including the
use of qualified skilled volunteers when
appropriate; and
``(IV) to develop innovative
strategies and tools to prevent future
introductions of nonnative species;'';
[[Page 134 STAT. 2746]]
(3) in subparagraph (J) (as so redesignated), by striking
``ecosystem'' and inserting ``ecosystem, including the
activities described in subparagraph (I)''; and
(4) in clause (i) of subparagraph (K) (as so redesignated),
by inserting ``, including the priority list under subparagraph
(I) and the activities described in that subparagraph'' after
``Task Force''.
SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``this section $110,000,000'' and
inserting ``this section (except for subsections
(f) and (g)) $130,000,000'';
(ii) in subparagraph (B), by striking ``and''
at the end;
(iii) in subparagraph (C), by striking the
period at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(D) $30,000,000 shall be made available to carry
out subsection (d)(1)(A)(iv); and
``(E) $10,000,000 shall be made available to carry
out subsection (d)(1)(A)(v).'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Other programs.--
``(A) In general.--There are authorized to be
appropriated--
``(i) $10,000,000 for each of fiscal years
2021 through 2024 to carry out subsection (f); and
``(ii) $50,000,000 for each of fiscal years
2021 through 2024 to carry out subsection (g)(2).
``(B) Invasive plant species pilot program.--There
is authorized to be appropriated to the Secretary of the
Interior, acting through the Director of the United
States Fish and Wildlife Service, $10,000,000 to carry
out subsection (g)(3).''; and
(D) in paragraph (3) (as so redesignated), by
inserting ``or (2)(A)'' after ``paragraph (1)'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``and
Decontamination'' after ``Inspection'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
inserting ``and decontamination'' after
``inspection'';
(II) in clause (ii), by striking
``and'' at the end;
(III) in clause (iii), by striking
``Arizona River Basins.'' and inserting
``Arkansas River Basins;''; and
(IV) by adding at the end the
following:
``(iv) to protect the Russian River Basin,
California; and
[[Page 134 STAT. 2747]]
``(v) to protect basins and watersheds that
adjoin an international border between the United
States and Canada.''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Locations.--The Secretary shall place
watercraft inspection and decontamination stations under
subparagraph (A) at locations with the highest
likelihood of preventing the spread of aquatic invasive
species into and out of waters of the United States, as
determined by the Secretary in consultation with the
Governors and entities described in paragraph (3).'';
(C) in paragraph (3)(A), by striking ``(iii)'' and
inserting ``(v)''; and
(D) by striking ``watercraft inspection stations''
each place it appears and inserting ``watercraft
inspection and decontamination stations''; and
(3) by adding at the end the following:
``(f) Invasive Species Management Pilot Program.--
``(1) Definition of invasive species.--In this subsection,
the term `invasive species' has the meaning given the term in
section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating
to invasive species (February 3, 1999)) (as amended by section 2
of Executive Order 13751 (81 Fed. Reg. 88609; relating to
safeguarding the Nation from the impacts of invasive species
(December 5, 2016))).
``(2) <<NOTE: Coordination.>> Development of plans.--The
Secretary, in coordination with the Aquatic Nuisance Species
Task Force, shall carry out a pilot program under which the
Secretary shall collaborate with States in the Upper Missouri
River Basin in developing voluntary aquatic invasive species
management plans to mitigate the effects of invasive species on
public infrastructure facilities located on reservoirs of the
Corps of Engineers in those States.
``(3) Management plan.--
``(A) <<NOTE: Consultation.>> In general.--The
Secretary, in consultation with the Governor of each
State in the Upper Missouri River Basin that elects to
participate in the pilot program, shall prepare a
management plan, or update or expand an existing plan,
for each participating State that identifies public
infrastructure facilities located on reservoirs of the
Corps of Engineers in those States that--
``(i) are affected by aquatic invasive
species; and
``(ii) need financial and technical assistance
in order to maintain operations.
``(B) Use of existing plans.--In developing a
management plan under subparagraph (A), the Secretary
shall consider a management plan submitted by a
participating State under section 1204(a) of the
Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4724(a)).
``(4) Termination of authority.--The authority provided
under this subsection shall terminate on September 30, 2024.
``(g) Invasive Species Prevention, Control, and Eradication.--
``(1) Definition of invasive species.--In this subsection,
the term `invasive species' has the meaning given the term
[[Page 134 STAT. 2748]]
in section 1 of Executive Order 13112 (64 Fed. Reg. 6183;
relating to invasive species (February 3, 1999)) (as amended by
section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating
to safeguarding the Nation from the impacts of invasive species
(December 5, 2016))).
``(2) Invasive species partnerships.--
``(A) In general.--The Secretary may enter into
partnerships with applicable States and other Federal
agencies to carry out actions to prevent the
introduction of, control, or eradicate, to the maximum
extent practicable, invasive species that adversely
impact water quantity or water quality in the Platte
River Basin, the Upper Colorado River Basin, the Upper
Snake River Basin, and the Upper Missouri River Basin.
``(B) Prioritization.--In selecting actions to carry
out under a partnership under subparagraph (A), the
Secretary shall give priority to projects that are
intended to control or eradicate the Russian olive
(Elaeagnus angustifolia) or saltcedar (of the genus
Tamarix).
``(3) Invasive plant species pilot program.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means a partnership between or among 2 or
more entities that--
``(I) includes--
``(aa) at least 1 flood
control district; and
``(bb) at least 1 city,
county, township, town, borough,
parish, village, or other
general purpose political
subdivision of a State or Indian
Tribe (as defined in section 4
of the Indian Self-Determination
and Education Assistance Act (25
U.S.C. 5304)); and
``(II) may include any other entity
(such as a nonprofit organization or
institution of higher education), as
determined by the Secretary.
``(ii) Invasive plant species.--The term
`invasive plant species' means a plant that is
nonnative to the ecosystem under consideration,
the introduction of which causes or is likely to
cause economic harm or harm to human health.
``(B) Pilot program.--The Secretary of the Interior,
acting through the Director of the United States Fish
and Wildlife Service, shall establish a pilot program
under which such Secretary shall work with eligible
entities to carry out activities--
``(i) to remove invasive plant species in
riparian areas that contribute to drought
conditions in--
``(I) the Lower Colorado River
Basin;
``(II) the Rio Grande River Basin;
``(III) the Texas Gulf Coast Basin;
and
``(IV) the Arkansas-White-Red Basin;
``(ii) where appropriate, to replace the
invasive plant species described in clause (i)
with ecologically suitable native species; and
``(iii) to maintain and monitor riparian areas
in which activities are carried out under clauses
(i) and (ii).
[[Page 134 STAT. 2749]]
``(C) Report to congress.--Not later than 18 months
after the date of enactment of this subsection, the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the implementation of the pilot program.
``(D) Termination of authority.--The authority
provided under this paragraph shall terminate on
September 30, 2024.
``(4) Cost share.--The Federal share of an action carried
out under a partnership under paragraph (2) or an activity
carried out under the pilot program under paragraph (3) shall
not exceed 80 percent of the total cost of the action or
activity.''.
SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.
Section 1039(b) of the Water Resources Reform and Development Act of
2014 (16 U.S.C. 4701 note) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``upper
mississippi and ohio river basins and tributaries'' and
inserting ``mississippi river and tributaries, including
sub-basins'';
(B) in subparagraph (A), by striking ``Upper
Mississippi and Ohio River basins and tributaries'' and
inserting ``Mississippi River and tributaries, including
the 6 sub-basins of the River,''; and
(C) in subparagraph (B), by striking ``and the
document prepared'' and all that follows through
``February 2012.'' and inserting ``the Mississippi River
Basin Asian Carp Control Strategy Framework, and the
Asian Carp Regional Coordinating Committee's Asian Carp
Action Plan.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``December 31 of each year''
and inserting ``December 31, 2020, and biennially
thereafter''; and
(ii) by striking ``Upper Mississippi and Ohio
River basins and tributaries'' and inserting
``Mississippi River and tributaries, including the
6 sub-basins of the River''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``Upper
Mississippi and Ohio River basins and
tributaries'' and inserting ``Mississippi River
and tributaries, including the 6 sub-basins of the
River,''; and
(ii) in clause (ii), by striking ``Upper
Mississippi and Ohio River basins and
tributaries'' and inserting ``Mississippi River
and tributaries, including the 6 sub-basins of the
River''.
SEC. 507. <<NOTE: 16 USC 4701 note.>> INVASIVE SPECIES IN ALPINE
LAKES PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, shall
establish a pilot program (referred to in this section as the ``pilot
program'') to develop and carry out effective measures necessary to
prevent, control, or eradicate aquatic invasive species
[[Page 134 STAT. 2750]]
in alpine lakes that are not located within a unit of the National Park
System.
(b) Partnerships.--The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, shall offer to
enter into a partnership to carry out the pilot program with--
(1) any relevant partnering Federal agency; and
(2) any relevant compact agency organized with the consent
of Congress under article I, section 10 of the Constitution of
the United States.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the pilot program $25,000,000 for the period
of fiscal years 2022 through 2024.
SEC. 508. <<NOTE: 16 USC 742b note.>> MURDER HORNET ERADICATION
PILOT PROGRAM.
(a) <<NOTE: Consultation.>> Grant Authority.--The Secretary of the
Interior, acting through the Director of the Fish and Wildlife Service,
and in consultation with all relevant Federal agencies, shall establish
a pilot program to provide financial assistance to States for
management, research, and public education activities necessary to--
(1) eradicate the Asian giant hornet; and
(2) restore bee populations damaged by the Asian giant
hornet.
(b) Eligibility.--A State is eligible to receive financial
assistance under this section if the State has demonstrated to the
Secretary of the Interior sufficient need to implement measures to
eradicate the Asian giant hornet.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of
activities carried out under the pilot program may not exceed 75
percent of the total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities carried out under the pilot program may be
provided in the form of in-kind contributions of materials or
services.
(d) Limitation on Administrative Expenses.--Not more than 5 percent
of financial assistance provided by the Secretary of the Interior under
this section may be used for administrative expenses.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out the pilot
program $4,000,000 for each of fiscal years 2021 through 2025.
(f) Definitions.--In this section:
(1) Asian giant hornet.--The term ``Asian giant hornet''
means a Vespa mandarinia.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and the territories and
insular possessions of the United States.
(g) Sunset.--The authority under this section shall terminate on the
date that is 5 years after the date of enactment of this Act.
SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
(a) <<NOTE: 33 USC 610 note.>> Corps of Engineers Asian Carp
Prevention Pilot Program.--
(1) In general.--The Secretary, in conjunction with the
Tennessee Valley Authority and other relevant Federal agencies,
shall carry out an Asian carp prevention pilot program
[[Page 134 STAT. 2751]]
to carry out projects to manage and prevent the spread of Asian
carp using innovative technologies, methods, and measures.
(2) Project selection.--
(A) Location.--Each project under the pilot program
shall be carried out in a river system or reservoir in
the Cumberland River Watershed or Tennessee River
Watershed in which Asian carp populations are expanding
or have been documented.
(B) Consultation.--In selecting projects to carry
out under the pilot program, the Secretary shall consult
with--
(i) applicable Federal, State, and local
agencies;
(ii) institutions of higher education; and
(iii) relevant private organizations,
including nonprofit organizations.
(C) Limitations.--
(i) Number of projects.--The Secretary may
select not more than 10 projects to carry out
under the pilot program.
(ii) Deadline.--Not later than September 30,
2024, the Secretary shall complete projects
selected to be carried out under the pilot
program.
(3) Best practices.--In carrying out the pilot program, to
the maximum extent practicable, the Secretary shall consider
existing best practices, such as those described in the document
of the Asian Carp Working Group of the Aquatic Nuisance Species
Task Force entitled ``Management and Control Plan for Bighead,
Black, Grass, and Silver Carps in the United States'' and dated
November 2007.
(4) Cost-share.--
(A) In general.--The Federal share of the costs of a
project carried out under the program may not exceed 75
percent of the total costs of the project.
(B) Operation, maintenance, rehabilitation, and
repair.--After the completion of a project under the
pilot program, the Federal share of the costs for
operation, maintenance, rehabilitation, and repair of
the project shall be 100 percent.
(5) Memorandum of agreement.--For projects carried out in
reservoirs owned or managed by the Tennessee Valley Authority,
the Secretary and the Tennessee Valley Authority shall execute a
memorandum of agreement establishing the framework for a
partnership and the terms and conditions for sharing expertise
and resources.
(6) Payments.--The Secretary is authorized to accept and
expend funds from the Tennessee Valley Authority to complete any
work under this section at a reservoir owned or managed by the
Tennessee Valley Authority.
(7) <<NOTE: Analysis.>> Report.--Not later than 2 years
after the date of enactment of this Act, and 2 years thereafter,
the Secretary shall submit to Congress a report describing the
results of the pilot program, including an analysis of the
effectiveness of the innovative technologies, methods, and
measures used in projects carried out under the pilot program at
preventing the spread, or managing the eradicating of, Asian
carp.
[[Page 134 STAT. 2752]]
(8) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $25,000,000, to
remain available until expended.
(b) <<NOTE: 16 USC 742b note.>> Fish and Wildlife Service Asian
Carp Eradication Program.--
(1) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a program to provide financial
assistance to States to implement measures, including for
management, research, and public education activities, necessary
to eradicate the Asian carp.
(2) Eligibility.--A State is eligible to receive financial
assistance under this subsection if such State has demonstrated
to the Secretary of the Interior sufficient need to implement
measures to eradicate the Asian carp.
(3) Priority.--In providing financial assistance under the
program, the Secretary of the Interior shall give priority to
States in the Cumberland River Watershed or the Tennessee River
Watershed in which Asian carp populations are expanding or have
been documented.
(4) Cost sharing.--
(A) Federal share.--The Federal share of the costs
of activities carried out under the program may not
exceed 80 percent of the total costs of such activities.
(B) In-kind contributions.--The non-Federal share of
the costs of activities carried out under the program
may be provided in the form of in-kind contributions of
materials or services.
(5) Limitation on administrative expenses.--Not more than 5
percent of financial assistance provided by the Secretary of the
Interior under this subsection may be used for administrative
expenses.
(6) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary of the Interior to carry out
this subsection $4,000,000 for each of fiscal years 2021 through
2025.
SEC. 510. <<NOTE: 16 USC 742b note.>> INVASIVE SPECIES IN
NONCONTIGUOUS STATES AND TERRITORIES
PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, shall
establish a pilot program to carry out measures necessary to prevent,
control, or eradicate invasive species in culturally significant
forested watersheds in noncontiguous States and territories of the
United States in which the Corps of Engineers is carrying out flood risk
management projects.
(b) <<NOTE: Consultation.>> Implementation.--The Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service, is encouraged to carry out the measures described in
subsection (a) in consultation with--
(1) States, any territory or possession of the United
States, and units of local government, including federally
recognized Indian Tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)); and
(2) nonprofit organizations with knowledge of, and
experience in, forested watershed management, including
nonprofit
[[Page 134 STAT. 2753]]
organizations with a primary purpose of serving and partnering
with indigenous communities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the pilot program under subsection (a)
$25,000,000 for the period of fiscal years 2022 through 2024.
SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.
(a) Installation of Network.--
(1) <<NOTE: Coordination.>> In general.--In accordance with
the activities required under section 4003(a) of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1310;
130 Stat. 1676), and to support the goals of the Weather
Research and Forecasting Innovation Act of 2017 (Public Law 115-
25) and the National Integrated Drought Information System
Reauthorization Act of 2018 (Public Law 115-423), the Secretary,
in coordination with the Administrator of the National Oceanic
and Atmospheric Administration (referred to in this section as
the ``Administrator''), the Chief of the Natural Resources
Conservation Service, the Director of the United States
Geological Survey, and the Commissioner of Reclamation, shall
continue installation of a network of soil moisture and plains
snowpack monitoring stations, and modification of existing
stations, in the Upper Missouri River Basin.
(2) Requirements.--In carrying out installation and
modification activities under paragraph (1), the Secretary--
(A) <<NOTE: Contracts.>> may continue to enter into
agreements, including cooperative agreements, with State
mesonet programs for purposes of installing new stations
or modifying existing stations;
(B) shall transfer ownership and all
responsibilities for operation and maintenance of new
stations to the respective State mesonet program for the
State in which the monitoring station is located on
completion of installation of the station; and
(C) <<NOTE: Consultation. Standards.>> shall
establish, in consultation with the Administrator,
requirements and standards for the installation of new
stations and modification of existing stations to ensure
seamless data integration into--
(i) the National Mesonet Program;
(ii) the National Coordinated Soil Moisture
Network; and
(iii) other relevant networks.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection, in addition to any
other funds authorized to be appropriated for the installation
of a network of soil moisture and plains snowpack monitoring
stations or the modification of existing stations in the Upper
Missouri River Basin, $7,000,000 for each of fiscal years 2021
through 2025.
(b) <<NOTE: Data.>> Soil Moisture and Snowpack Monitoring Pilot
Program.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the
Administrator shall establish within the National Mesonet
Program a pilot program for the acquisition and use of data
generated by the network described in subsection (a).
[[Page 134 STAT. 2754]]
(2) Requirements.--In establishing the pilot program under
paragraph (1), the Administrator shall--
(A) <<NOTE: Contracts.>> enter into agreements with
State mesonet programs in the Upper Missouri River Basin
to acquire data generated by the network described in
subsection (a) that--
(i) are similar to the agreements in effect as
of the date of the enactment of this Act with
States under the National Mesonet Program; and
(ii) allow for sharing of data with other
Federal agencies and with institutions engaged in
federally supported research, including the United
States Drought Monitor, as appropriate and
feasible;
(B) <<NOTE: Coordination.>> in coordination with
the Secretary, the Chief of the Natural Resources
Conservation Service, the Director of the United States
Geological Survey, and the Commissioner of Reclamation,
gather data from the operation of the network to inform
ongoing efforts of the National Oceanic and Atmospheric
Administration in support of--
(i) the National Integrated Drought
Information System, including the National
Coordinated Soil Moisture Network;
(ii) the United States Drought Monitor;
(iii) the National Water Model and other
relevant national modeling efforts;
(iv) validation, verification, and calibration
of satellite-based, in situ, and other remote
sensing activities and output products;
(v) flood risk and water resources monitoring
initiatives by the Secretary and the Commissioner;
and
(vi) any other programs or initiatives the
Administrator considers appropriate;
(C) at the request of State mesonet programs, or as
the Administrator considers appropriate, provide
technical assistance to such programs under the pilot
program under paragraph (1) to ensure proper data
requirements; and
(D) ensure an appropriate mechanism for quality
control and quality assurance is employed for the data
acquired under the pilot program, such as the
Meteorological Assimilation Data Ingest System.
(3) Study required.--
(A) <<NOTE: Deadline. Evaluation.>> In general.--
Not later than 1 year after the date of the enactment of
this Act, the Administrator shall initiate a study of
the pilot program required by paragraph (1) to evaluate
the data generated by the network described in
subsection (a) and the applications of that data to
programs and initiatives described in paragraph (2)(B).
(B) <<NOTE: Assessments.>> Elements.--The study
required by subparagraph (A) shall include an assessment
of--
(i) the contribution of the soil moisture,
snowpack, and other relevant data generated by the
network described in subsection (a) to weather,
subseasonal and seasonal, and climate forecasting
products on the local, regional, and national
levels;
(ii) the enhancements made to the National
Integrated Drought Information System, the
National Water Model, and the United States
Drought Monitor, and other relevant national
modeling efforts, using
[[Page 134 STAT. 2755]]
data and derived data products generated by the
network;
(iii) the contribution of data generated by
the network to remote sensing products and
approaches;
(iv) the viability of the ownership and
operational structure of the network; and
(v <<NOTE: Coordination.>> ) any other matters
the Administrator considers appropriate, in
coordination with the Secretary, the Chief of the
Natural Resources Conservation Service, the
Director of the United States Geological Survey,
and the Commissioner of Reclamation.
(4) Report required.--Not later than 4 years after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report--
(A) setting forth the findings of the study required
by paragraph (3); and
(B) <<NOTE: Recommenda- tions.>> making
recommendations based on those findings to improve
weather, subseasonal, seasonal, and climate monitoring
nationally.
(5) Government accountability office audit.--
(A) <<NOTE: Deadline. Evaluation. Determination.>>
In general.--Not later than 60 days after the report
required by paragraph (4) is submitted, the Comptroller
General of the United States shall initiate an audit to
evaluate that report and determine whether--
(i) the Administrator, in conducting the pilot
program under paragraph (1), has utilized the
relevant data generated by the network described
in subsection (a) in the manner most beneficial to
the programs and initiatives described in
paragraph (2)(B);
(ii) <<NOTE: Compliance.>> the acquisition
agreements entered into under paragraph (2)(A)
with State mesonet programs fully comply with the
requirements of that paragraph; and
(iii) the heads of other agencies, including
the Secretary, the Chief of the Natural Resources
Conservation Service, the Director of the United
States Geological Survey, and the Commissioner of
Reclamation, are utilizing the data generated by
the network to better inform and improve the
missions of those agencies.
(B) Report required.--Not later than 270 days after
initiating the audit required by subparagraph (A), the
Comptroller General shall submit to the appropriate
congressional committees a report setting forth the
findings of the audit.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and
Technology, and the Committee on Natural Resources of
the House of Representatives.
[[Page 134 STAT. 2756]]
SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION.
(a) Renaming the Saint Lawrence Seaway Development Corporation.--The
Act of May 13, 1954 (33 U.S.C. 981 et seq.) is amended--
(1) in section 1 (33 U.S.C. 981), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation''; and
(2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation''.
(b) <<NOTE: 33 USC 981 note.>> References.--Any reference to the
Saint Lawrence Seaway Development Corporation in any law, regulation,
document, record, Executive order, or other paper of the United States
shall be deemed to be a reference to the Great Lakes St. Lawrence Seaway
Development Corporation.
(c) Technical and Conforming Amendments.--
(1) Title 5.--Section 5315 of title 5, United States Code,
is amended by striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(2) Title 18.--Section 2282B of title 18, United States
Code, is amended by striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(3) Internal revenue code.--Section 9505(a)(2) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is amended
by striking ``Saint Lawrence Seaway Development Corporation''
and inserting ``Great Lakes St. Lawrence Seaway Development
Corporation''.
(4) Title 31.--Section 9101(3)(K) of title 31, United States
Code, is amended by striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(5) Water resources development act of 1986.--The Water
Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is
amended--
(A) in section 206 (33 U.S.C. 2234), by striking
``Saint Lawrence Seaway Development Corporation'' and
inserting ``Great Lakes St. Lawrence Seaway Development
Corporation'';
(B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence
Seaway Development Corporation'';
(C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence
Seaway Development Corporation''; and
(D) in section 1132(b) (33 U.S.C. 2309(b)), by
striking ``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great Lakes St. Lawrence
Seaway Development Corporation'' each place it appears.
(6) Title 46.--Title 46, United States Code, is amended--
(A) in section 2109, by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation'';
[[Page 134 STAT. 2757]]
(B) in section 8103(g), by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation'';
(C) in section 8503(c), by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation'';
(D) in section 55112(a)(3), by striking ``St.
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development
Corporation'';
(E) in section 55331(3), by striking ``Saint
Lawrence Seaway Development Corporation'' and inserting
``Great Lakes St. Lawrence Seaway Development
Corporation''; and
(F) in section 70032, by striking ``Saint Lawrence
Seaway Development Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development Corporation'' each
place it appears.
(7) Title 49.--
(A) In general.--Title 49, United States Code, is
amended--
(i) in section 110--
(I) in the heading, by striking
``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development
Corporation''; and
(II) in subsection (a), by striking
``Saint Lawrence Seaway Development
Corporation'' and inserting ``Great
Lakes St. Lawrence Seaway Development
Corporation''; and
(ii) in section 6314(c)(2)(G), by striking
``Saint Lawrence Seaway Development Corporation''
and inserting ``Great Lakes St. Lawrence Seaway
Development Corporation''.
(B) Table of sections.--The table of sections for
chapter 1 of subtitle I of title 49, <<NOTE: 49 USC 101
prec.>> United States Code, is amended by amending the
item relating to section 110 to read as follows:
``110. Great Lakes St. Lawrence Seaway Development Corporation.''.
DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS
SEC. 1. TABLE OF CONTENTS.
The table of contents of the division is as follows:
DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS
Sec. 1. Table of contents.
TITLE I--NO SURPRISES ACT
Sec. 101. Short title.
Sec. 102. Health insurance requirements regarding surprise medical
billing.
Sec. 103. Determination of out-of-network rates to be paid by health
plans; Independent dispute resolution process.
[[Page 134 STAT. 2758]]
Sec. 104. Health care provider requirements regarding surprise medical
billing.
Sec. 105. Ending surprise air ambulance bills.
Sec. 106. Reporting requirements regarding air ambulance services.
Sec. 107. Transparency regarding in-network and out-of-network
deductibles and out-of-pocket limitations.
Sec. 108. Implementing protections against provider discrimination.
Sec. 109. Reports.
Sec. 110. Consumer protections through application of health plan
external review in cases of certain surprise medical bills.
Sec. 111. Consumer protections through health plan requirement for fair
and honest advance cost estimate.
Sec. 112. Patient protections through transparency and patient-provider
dispute resolution.
Sec. 113. Ensuring continuity of care.
Sec. 114. Maintenance of price comparison tool.
Sec. 115. State All Payer Claims Databases.
Sec. 116. Protecting patients and improving the accuracy of provider
directory information.
Sec. 117. Advisory committee on ground ambulance and patient billing.
Sec. 118. Implementation funding.
TITLE II--TRANSPARENCY
Sec. 201. Increasing transparency by removing gag clauses on price and
quality information.
Sec. 202. Disclosure of direct and indirect compensation for brokers and
consultants to employer-sponsored health plans and enrollees
in plans on the individual market.
Sec. 203. Strengthening parity in mental health and substance use
disorder benefits.
Sec. 204. Reporting on pharmacy benefits and drug costs.
TITLE III--PUBLIC HEALTH PROVISIONS
Subtitle A--Extenders Provisions
Sec. 301. Extension for community health centers, the National Health
Service Corps, and teaching health centers that operate GME
programs.
Sec. 302. Diabetes programs.
Subtitle B--Strengthening Public Health
Sec. 311. Improving awareness of disease prevention.
Sec. 312. Guide on evidence-based strategies for public health
department obesity prevention programs.
Sec. 313. Expanding capacity for health outcomes.
Sec. 314. Public health data system modernization.
Sec. 315. Native American suicide prevention.
Sec. 316. Reauthorization of the Young Women's Breast Health Education
and Awareness Requires Learning Young Act of 2009.
Sec. 317. Reauthorization of school-based health centers.
Subtitle C--FDA Amendments
Sec. 321. Rare pediatric disease priority review voucher extension.
Sec. 322. Conditions of use for biosimilar biological products.
Sec. 323. Orphan drug clarification.
Sec. 324. Modernizing the labeling of certain generic drugs.
Sec. 325. Biological product patent transparency.
Subtitle D--Technical Corrections
Sec. 331. Technical corrections.
TITLE I--NO <<NOTE: No Surprises Act.>> SURPRISES ACT
SEC. 101. <<NOTE: 42 USC 201 note.>> SHORT TITLE.
This title may be cited as the ``No Surprises Act''.
SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING SURPRISE MEDICAL
BILLING.
(a) Public Health Service Act Amendments.--
[[Page 134 STAT. 2759]]
(1) In general.--Title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.) is amended by adding at the end
the following new part:
``PART D--ADDITIONAL COVERAGE PROVISIONS
``SEC. 2799A-1. <<NOTE: 42 USC 300gg-111.>> PREVENTING SURPRISE
MEDICAL BILLS.
``(a) Coverage of Emergency Services.--
``(1) In general.--If a group health plan, or a health
insurance issuer offering group or individual health insurance
coverage, provides or covers any benefits with respect to
services in an emergency department of a hospital or with
respect to emergency services in an independent freestanding
emergency department (as defined in paragraph (3)(D)), the plan
or issuer shall cover emergency services (as defined in
paragraph (3)(C))--
``(A) without the need for any prior authorization
determination;
``(B) whether the health care provider furnishing
such services is a participating provider or a
participating emergency facility, as applicable, with
respect to such services;
``(C) in a manner so that, if such services are
provided to a participant, beneficiary, or enrollee by a
nonparticipating provider or a nonparticipating
emergency facility--
``(i) such services will be provided without
imposing any requirement under the plan or
coverage for prior authorization of services or
any limitation on coverage that is more
restrictive than the requirements or limitations
that apply to emergency services received from
participating providers and participating
emergency facilities with respect to such plan or
coverage, respectively;
``(ii) the cost-sharing requirement is not
greater than the requirement that would apply if
such services were provided by a participating
provider or a participating emergency facility;
``(iii) such cost-sharing requirement is
calculated as if the total amount that would have
been charged for such services by such
participating provider or participating emergency
facility were equal to the recognized amount (as
defined in paragraph (3)(H)) for such services,
plan or coverage, and year;
``(iv) the group health plan or health
insurance issuer, respectively--
``(I) <<NOTE: Deadline. Notice.>>
not later than 30 calendar days after
the bill for such services is
transmitted by such provider or
facility, sends to the provider or
facility, as applicable, an initial
payment or notice of denial of payment;
and
``(II) pays a total plan or coverage
payment directly to such provider or
facility, respectively (in accordance,
if applicable, with the timing
requirement described in subsection
(c)(6)) that is, with application of any
initial payment under subclause (I),
equal to the amount by which the out-of-
network rate (as defined in paragraph
[[Page 134 STAT. 2760]]
(3)(K)) for such services exceeds the
cost-sharing amount for such services
(as determined in accordance with
clauses (ii) and (iii)) and year; and
``(v) any cost-sharing payments made by the
participant, beneficiary, or enrollee with respect
to such emergency services so furnished shall be
counted toward any in-network deductible or out-
of-pocket maximums applied under the plan or
coverage, respectively (and such in-network
deductible and out-of-pocket maximums shall be
applied) in the same manner as if such cost-
sharing payments were made with respect to
emergency services furnished by a participating
provider or a participating emergency facility;
and
``(D) without regard to any other term or condition
of such coverage (other than exclusion or coordination
of benefits, or an affiliation or waiting period,
permitted under section 2704 of this Act, including as
incorporated pursuant to section 715 of the Employee
Retirement Income Security Act of 1974 and section 9815
of the Internal Revenue Code of 1986, and other than
applicable cost-sharing).
``(2) Audit process and regulations for qualifying payment
amounts.--
``(A) Audit process.--
``(i) <<NOTE: Deadline. Consultation.>> In
general.--Not later than October 1, 2021, the
Secretary, in consultation with the Secretary of
Labor and the Secretary of the Treasury, shall
establish through rulemaking a process, in
accordance with clause (ii), under which group
health plans and health insurance issuers offering
group or individual health insurance coverage are
audited by the Secretary or applicable State
authority to ensure that--
``(I) <<NOTE: Compliance.>> such
plans and coverage are in compliance
with the requirement of applying a
qualifying payment amount under this
section; and
``(II) such qualifying payment
amount so applied satisfies the
definition under paragraph (3)(E) with
respect to the year involved, including
with respect to a group health plan or
health insurance issuer described in
clause (ii) of such paragraph (3)(E).
``(ii) Audit samples.--Under the process
established pursuant to clause (i), the
Secretary--
``(I) shall conduct audits described
in such clause, with respect to a year
(beginning with 2022), of a sample with
respect to such year of claims data from
not more than 25 group health plans and
health insurance issuers offering group
or individual health insurance coverage;
and
``(II) may audit any group health
plan or health insurance issuer offering
group or individual health insurance
coverage if the Secretary has received
any complaint or other information about
such plan or coverage, respectively,
that involves the compliance of the plan
or coverage, respectively, with either
of the requirements described in
subclauses (I) and (II) of such clause.
[[Page 134 STAT. 2761]]
``(iii) Reports.--Beginning for 2022, the
Secretary shall annually submit to Congress a
report on the number of plans and issuers with
respect to which audits were conducted during such
year pursuant to this subparagraph.
``(B) <<NOTE: Deadline. Consultation.>>
Rulemaking.--Not later than July 1, 2021, the Secretary,
in consultation with the Secretary of Labor and the
Secretary of the Treasury, shall establish through
rulemaking--
``(i) the methodology the group health plan or
health insurance issuer offering group or
individual health insurance coverage shall use to
determine the qualifying payment amount,
differentiating by individual market, large group
market, and small group market;
``(ii) the information such plan or issuer,
respectively, shall share with the
nonparticipating provider or nonparticipating
facility, as applicable, when making such a
determination;
``(iii) the geographic regions applied for
purposes of this subparagraph, taking into account
access to items and services in rural and
underserved areas, including health professional
shortage areas, as defined in section 332; and
``(iv) <<NOTE: Complaints.>> a process to
receive complaints of violations of the
requirements described in subclauses (I) and (II)
of subparagraph (A)(i) by group health plans and
health insurance issuers offering group or
individual health insurance coverage.
Such rulemaking shall take into account payments that
are made by such plan or issuer, respectively, that are
not on a fee-for-service basis. Such methodology may
account for relevant payment adjustments that take into
account quality or facility type (including higher
acuity settings and the case-mix of various facility
types) that are otherwise taken into account for
purposes of determining payment amounts with respect to
participating facilities.
In <<NOTE: Consultation. Updates.>> carrying out clause
(iii), the Secretary shall consult with the National
Association of Insurance Commissioners to establish the
geographic regions under such clause and shall
periodically update such regions, as appropriate, taking
into account the findings of the report submitted under
section 109(a) of the No Surprises Act.
``(3) Definitions.--In this part and part E:
``(A) Emergency department of a hospital.--The term
`emergency department of a hospital' includes a hospital
outpatient department that provides emergency services
(as defined in subparagraph (C)(i)).
``(B) Emergency medical condition.--The term
`emergency medical condition' means a medical condition
manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that a prudent
layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of
immediate medical attention to result in a condition
described in clause (i), (ii), or (iii) of section
1867(e)(1)(A) of the Social Security Act.
[[Page 134 STAT. 2762]]
``(C) Emergency services.--
``(i) In general.--The term `emergency
services', with respect to an emergency medical
condition, means--
``(I) a medical screening
examination (as required under section
1867 of the Social Security Act, or as
would be required under such section if
such section applied to an independent
freestanding emergency department) that
is within the capability of the
emergency department of a hospital or of
an independent freestanding emergency
department, as applicable, including
ancillary services routinely available
to the emergency department to evaluate
such emergency medical condition; and
``(II) within the capabilities of
the staff and facilities available at
the hospital or the independent
freestanding emergency department, as
applicable, such further medical
examination and treatment as are
required under section 1867 of such Act,
or as would be required under such
section if such section applied to an
independent freestanding emergency
department, to stabilize the patient
(regardless of the department of the
hospital in which such further
examination or treatment is furnished).
``(ii) Inclusion of additional services.--
``(I) In general.--For purposes of
this subsection and section 2799B-1, in
the case of a participant, beneficiary,
or enrollee who is enrolled in a group
health plan or group or individual
health insurance coverage offered by a
health insurance issuer and who is
furnished services described in clause
(i) with respect to an emergency medical
condition, the term `emergency services'
shall include, unless each of the
conditions described in subclause (II)
are met, in addition to the items and
services described in clause (i), items
and services--
``(aa) for which benefits
are provided or covered under
the plan or coverage,
respectively; and
``(bb) that are furnished by
a nonparticipating provider or
nonparticipating emergency
facility (regardless of the
department of the hospital in
which such items or services are
furnished) after the
participant, beneficiary, or
enrollee is stabilized and as
part of outpatient observation
or an inpatient or outpatient
stay with respect to the visit
in which the services described
in clause (i) are furnished.
``(II) Conditions.--For purposes of
subclause (I), the conditions described
in this subclause, with respect to a
participant, beneficiary, or enrollee
who is stabilized and furnished
additional items and services described
in subclause (I) after such
[[Page 134 STAT. 2763]]
stabilization by a provider or facility
described in subclause (I), are the
following;
``(aa) <<NOTE: Determination.>>
Such provider or facility
determines such individual is
able to travel using nonmedical
transportation or nonemergency
medical transportation.
``(bb) Such provider
furnishing such additional items
and services satisfies the
notice and consent criteria of
section 2799B-2(d) with respect
to such items and services.
``(cc) <<NOTE: Determination. Gui
delines.>> Such individual is
in a condition to receive (as
determined in accordance with
guidelines issued by the
Secretary pursuant to
rulemaking) the information
described in section 2799B-2 and
to provide informed consent
under such section, in
accordance with applicable State
law.
``(dd) Such other
conditions, as specified by the
Secretary, such as conditions
relating to coordinating care
transitions to participating
providers and facilities.
``(D) Independent freestanding emergency
department.--The term `independent freestanding
emergency department' means a health care facility
that--
``(i) is geographically separate and distinct
and licensed separately from a hospital under
applicable State law; and
``(ii) provides any of the emergency services
(as defined in subparagraph (C)(i)).
``(E) Qualifying payment amount.--
``(i) In general.--The term `qualifying
payment amount' means, subject to clauses (ii) and
(iii), with respect to a sponsor of a group health
plan and health insurance issuer offering group or
individual health insurance coverage--
``(I) for an item or service
furnished during 2022, the median of the
contracted rates recognized by the plan
or issuer, respectively (determined with
respect to all such plans of such
sponsor or all such coverage offered by
such issuer that are offered within the
same insurance market (specified in
subclause (I), (II), (III), or (IV) of
clause (iv)) as the plan or coverage) as
the total maximum payment (including the
cost-sharing amount imposed for such
item or service and the amount to be
paid by the plan or issuer,
respectively) under such plans or
coverage, respectively, on January 31,
2019, for the same or a similar item or
service that is provided by a provider
in the same or similar specialty and
provided in the geographic region in
which the item or service is furnished,
consistent with the methodology
established by the Secretary under
paragraph (2)(B), increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over 2019,
such
[[Page 134 STAT. 2764]]
percentage increase over 2020, and such
percentage increase over 2021; and
``(II) for an item or service
furnished during 2023 or a subsequent
year, the qualifying payment amount
determined under this clause for such an
item or service furnished in the
previous year, increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over such
previous year.
``(ii) New plans and coverage.--The term
`qualifying payment amount' means, with respect to
a sponsor of a group health plan or health
insurance issuer offering group or individual
health insurance coverage in a geographic region
in which such sponsor or issuer, respectively, did
not offer any group health plan or health
insurance coverage during 2019--
``(I) for the first year in which
such group health plan, group health
insurance coverage, or individual health
insurance coverage, respectively, is
offered in such region, a rate
(determined in accordance with a
methodology established by the
Secretary) for items and services that
are covered by such plan or coverage and
furnished during such first year; and
``(II) for each subsequent year such
group health plan, group health
insurance coverage, or individual health
insurance coverage, respectively, is
offered in such region, the qualifying
payment amount determined under this
clause for such items and services
furnished in the previous year,
increased by the percentage increase in
the consumer price index for all urban
consumers (United States city average)
over such previous year.
``(iii) Insufficient information; newly
covered items and services.--In the
case <<NOTE: Determination.>> of a sponsor of a
group health plan or health insurance issuer
offering group or individual health insurance
coverage that does not have sufficient information
to calculate the median of the contracted rates
described in clause (i)(I) in 2019 (or, in the
case of a newly covered item or service (as
defined in clause (v)(III)), in the first coverage
year (as defined in clause (v)(I)) for such item
or service with respect to such plan or coverage)
for an item or service (including with respect to
provider type, or amount, of claims for items or
services (as determined by the Secretary) provided
in a particular geographic region (other than in a
case with respect to which clause (ii) applies))
the term `qualifying payment amount'--
``(I) <<NOTE: Determination.>> for
an item or service furnished during 2022
(or, in the case of a newly covered item
or service, during the first coverage
year for such item or service with
respect to such plan or coverage), means
such rate for such item or service
determined by the sponsor or issuer,
respectively, through use of any
database that is determined,
[[Page 134 STAT. 2765]]
in accordance with rulemaking described
in paragraph (2)(B), to not have any
conflicts of interest and to have
sufficient information reflecting
allowed amounts paid to a health care
provider or facility for relevant
services furnished in the applicable
geographic region (such as a State all-
payer claims database);
``(II) for an item or service
furnished in a subsequent year (before
the first sufficient information year
(as defined in clause (v)(II)) for such
item or service with respect to such
plan or coverage), means the rate
determined under subclause (I) or this
subclause, as applicable, for such item
or service for the year previous to such
subsequent year, increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over such
previous year;
``(III) for an item or service
furnished in the first sufficient
information year for such item or
service with respect to such plan or
coverage, has the meaning given the term
qualifying payment amount in clause
(i)(I), except that in applying such
clause to such item or service, the
reference to `furnished during 2022'
shall be treated as a reference to
furnished during such first sufficient
information year, the reference to `in
2019' shall be treated as a reference to
such sufficient information year, and
the increase described in such clause
shall not be applied; and
``(IV) for an item or service
furnished in any year subsequent to the
first sufficient information year for
such item or service with respect to
such plan or coverage, has the meaning
given such term in clause (i)(II),
except that in applying such clause to
such item or service, the reference to
`furnished during 2023 or a subsequent
year' shall be treated as a reference to
furnished during the year after such
first sufficient information year or a
subsequent year.
``(iv) Insurance market.--For purposes of
clause (i)(I), a health insurance market specified
in this clause is one of the following:
``(I) The individual market.
``(II) The large group market (other
than plans described in subclause (IV)).
``(III) The small group market
(other than plans described in subclause
(IV)).
``(IV) In the case of a self-insured
group health plan, other self-insured
group health plans.
``(v) Definitions.--For purposes of this
subparagraph:
``(I) First coverage year.--The term
`first coverage year' means, with
respect to a group health plan or group
or individual health insurance coverage
offered by a health insurance issuer and
an item or service for which coverage is
not offered
[[Page 134 STAT. 2766]]
in 2019 under such plan or coverage, the
first year after 2019 for which coverage
for such item or service is offered
under such plan or health insurance
coverage.
``(II) First sufficient information
year.--The term `first sufficient
information year' means, with respect to
a group health plan or group or
individual health insurance coverage
offered by a health insurance issuer--
``(aa) in the case of an
item or service for which the
plan or coverage does not have
sufficient information to
calculate the median of the
contracted rates described in
clause (i)(I) in 2019, the first
year subsequent to 2022 for
which the sponsor or issuer has
such sufficient information to
calculate the median of such
contracted rates in the year
previous to such first
subsequent year; and
``(bb) in the case of a
newly covered item or service,
the first year subsequent to the
first coverage year for such
item or service with respect to
such plan or coverage for which
the sponsor or issuer has
sufficient information to
calculate the median of the
contracted rates described in
clause (i)(I) in the year
previous to such first
subsequent year.
``(III) Newly covered item or
service.--The term `newly covered item
or service' means, with respect to a
group health plan or group or individual
health insurance issuer offering health
insurance coverage, an item or service
for which coverage was not offered in
2019 under such plan or coverage, but is
offered under such plan or coverage in a
year after 2019.
``(F) Nonparticipating emergency facility;
participating emergency facility.--
``(i) Nonparticipating emergency facility.--
The term `nonparticipating emergency facility'
means, with respect to an item or service and a
group health plan or group or individual health
insurance coverage offered by a health insurance
issuer, an emergency department of a hospital, or
an independent freestanding emergency department,
that does not have a contractual relationship
directly or indirectly with the plan or issuer,
respectively, for furnishing such item or service
under the plan or coverage, respectively.
``(ii) Participating emergency facility.--The
term `participating emergency facility' means,
with respect to an item or service and a group
health plan or group or individual health
insurance coverage offered by a health insurance
issuer, an emergency department of a hospital, or
an independent freestanding emergency department,
that has a contractual relationship directly or
indirectly with the plan or issuer, respectively,
with respect to the furnishing of such an item or
service at such facility.
[[Page 134 STAT. 2767]]
``(G) Nonparticipating providers; participating
providers.--
``(i) Nonparticipating provider.--The term
`nonparticipating provider' means, with respect to
an item or service and a group health plan or
group or individual health insurance coverage
offered by a health insurance issuer, a physician
or other health care provider who is acting within
the scope of practice of that provider's license
or certification under applicable State law and
who does not have a contractual relationship with
the plan or issuer, respectively, for furnishing
such item or service under the plan or coverage,
respectively.
``(ii) Participating provider.--The term
`participating provider' means, with respect to an
item or service and a group health plan or group
or individual health insurance coverage offered by
a health insurance issuer, a physician or other
health care provider who is acting within the
scope of practice of that provider's license or
certification under applicable State law and who
has a contractual relationship with the plan or
issuer, respectively, for furnishing such item or
service under the plan or coverage, respectively.
``(H) Recognized amount.--The term `recognized
amount' means, with respect to an item or service
furnished by a nonparticipating provider or
nonparticipating emergency facility during a year and a
group health plan or group or individual health
insurance coverage offered by a health insurance
issuer--
``(i) subject to clause (iii), in the case of
such item or service furnished in a State that has
in effect a specified State law with respect to
such plan, coverage, or issuer, respectively; such
a nonparticipating provider or nonparticipating
emergency facility; and such an item or service,
the amount determined in accordance with such law;
``(ii) subject to clause (iii), in the case of
such item or service furnished in a State that
does not have in effect a specified State law,
with respect to such plan, coverage, or issuer,
respectively; such a nonparticipating provider or
nonparticipating emergency facility; and such an
item or service, the amount that is the qualifying
payment amount (as defined in subparagraph (E))
for such year and determined in accordance with
rulemaking described in paragraph (2)(B)) for such
item or service; or
``(iii) in the case of such item or service
furnished in a State with an All-Payer Model
Agreement under section 1115A of the Social
Security Act, the amount that the State approves
under such system for such item or service so
furnished.
``(I) Specified state law.--The term `specified
State law' means, with respect to a State, an item or
service furnished by a nonparticipating provider or
nonparticipating emergency facility during a year and a
group health plan or group or individual health
insurance coverage offered by a health insurance issuer,
a State law that
[[Page 134 STAT. 2768]]
provides for a method for determining the total amount
payable under such a plan, coverage, or issuer,
respectively (to the extent such State law applies to
such plan, coverage, or issuer, subject to section 514
of the Employee Retirement Income Security Act of 1974)
in the case of a participant, beneficiary, or enrollee
covered under such plan or coverage and receiving such
item or service from such a nonparticipating provider or
nonparticipating emergency facility.
``(J) Stabilize.--The term `to stabilize', with
respect to an emergency medical condition (as defined in
subparagraph (B)), has the meaning give in section
1867(e)(3) of the Social Security Act (42 U.S.C.
1395dd(e)(3)).
``(K) Out-of-network rate.--The term `out-of-network
rate' means, with respect to an item or service
furnished in a State during a year to a participant,
beneficiary, or enrollee of a group health plan or group
or individual health insurance coverage offered by a
health insurance issuer receiving such item or service
from a nonparticipating provider or nonparticipating
emergency facility--
``(i) subject to clause (iii), in the case of
such item or service furnished in a State that has
in effect a specified State law with respect to
such plan, coverage, or issuer, respectively; such
a nonparticipating provider or nonparticipating
emergency facility; and such an item or service,
the amount determined in accordance with such law;
``(ii) subject to clause (iii), in the case
such State does not have in effect such a law with
respect to such item or service, plan, and
provider or facility--
``(I) subject to subclause (II), if
the provider or facility (as applicable)
and such plan or coverage agree on an
amount of payment (including if such
agreed on amount is the initial payment
sent by the plan under subsection
(a)(1)(C)(iv)(I),subsection (b)(1)(C),
or section 2799A-2(a)(3)(A), as
applicable, or is agreed on through open
negotiations under subsection (c)(1))
with respect to such item or service,
such agreed on amount; or
``(II) <<NOTE: Determination.>> if
such provider or facility (as
applicable) and such plan or coverage
enter the independent dispute resolution
process under subsection (c) and do not
so agree before the date on which a
certified IDR entity (as defined in
paragraph (4) of such subsection) makes
a determination with respect to such
item or service under such subsection,
the amount of such determination; or
``(iii) in the case such State has an All-
Payer Model Agreement under section 1115A of the
Social Security Act, the amount that the State
approves under such system for such item or
service so furnished.
``(L) Cost-sharing.--The term `cost-sharing'
includes copayments, coinsurance, and deductibles.
``(b) Coverage of Non-emergency Services Performed by
Nonparticipating Providers at Certain Participating Facilities.--
``(1) In general.--In the case of items or services (other
than emergency services to which subsection (a) applies) for
[[Page 134 STAT. 2769]]
which any benefits are provided or covered by a group health
plan or health insurance issuer offering group or individual
health insurance coverage furnished to a participant,
beneficiary, or enrollee of such plan or coverage by a
nonparticipating provider (as defined in subsection
(a)(3)(G)(i)) (and who, with respect to such items and services,
has not satisfied the notice and consent criteria of section
2799B-2(d)) with respect to a visit (as defined by the Secretary
in accordance with paragraph (2)(B)) at a participating health
care facility (as defined in paragraph (2)(A)), with respect to
such plan or coverage, respectively, the plan or coverage,
respectively--
``(A) shall not impose on such participant,
beneficiary, or enrollee a cost-sharing requirement for
such items and services so furnished that is greater
than the cost-sharing requirement that would apply under
such plan or coverage, respectively, had such items or
services been furnished by a participating provider (as
defined in subsection (a)(3)(G)(ii));
``(B) shall calculate such cost-sharing requirement
as if the total amount that would have been charged for
such items and services by such participating provider
were equal to the recognized amount (as defined in
subsection (a)(3)(H)) for such items and services, plan
or coverage, and year;
``(C) <<NOTE: Deadline. Notice.>> not later than 30
calendar days after the bill for such services is
transmitted by such provider, shall send to the provider
an initial payment or notice of denial of payment;
``(D) shall pay a total plan or coverage payment
directly, in accordance, if applicable,with the timing
requirement described in subsection (c)(6), to such
provider furnishing such items and services to such
participant, beneficiary, or enrollee that is, with
application of any initial payment under subparagraph
(C), equal to the amount by which the out-of-network
rate (as defined in subsection (a)(3)(K)) for such items
and services involved exceeds the cost-sharing amount
imposed under the plan or coverage, respectively, for
such items and services (as determined in accordance
with subparagraphs (A) and (B)) and year; and
``(E) shall count toward any in-network deductible
and in-network out-of-pocket maximums (as applicable)
applied under the plan or coverage, respectively, any
cost-sharing payments made by the participant,
beneficiary, or enrollee (and such in-network deductible
and out-of-pocket maximums shall be applied) with
respect to such items and services so furnished in the
same manner as if such cost-sharing payments were with
respect to items and services furnished by a
participating provider.
``(2) Definitions.--In this section:
``(A) Participating health care facility.--
``(i) In general.--The term `participating
health care facility' means, with respect to an
item or service and a group health plan or health
insurance issuer offering group or individual
health insurance coverage, a health care facility
described in clause (ii) that has a direct or
indirect contractual relationship with the
[[Page 134 STAT. 2770]]
plan or issuer, respectively, with respect to the
furnishing of such an item or service at the
facility.
``(ii) Health care facility described.--A
health care facility described in this clause,
with respect to a group health plan or group or
individual health insurance coverage, is each of
the following:
``(I) A hospital (as defined in
1861(e) of the Social Security Act).
``(II) A hospital outpatient
department.
``(III) A critical access hospital
(as defined in section 1861(mm)(1) of
such Act).
``(IV) An ambulatory surgical center
described in section 1833(i)(1)(A) of
such Act.
``(V) Any other facility, specified
by the Secretary, that provides items or
services for which coverage is provided
under the plan or coverage,
respectively.
``(B) Visit.--The term `visit' shall, with respect
to items and services furnished to an individual at a
health care facility, include equipment and devices,
telemedicine services, imaging services, laboratory
services, preoperative and postoperative services, and
such other items and services as the Secretary may
specify, regardless of whether or not the provider
furnishing such items or services is at the facility.
``(c) <<NOTE: Determination.>> Certain Access Fees to Certain
Databases.--In the case of a sponsor of a group health plan or health
insurance issuer offering group or individual health insurance coverage
that, pursuant to subsection (a)(3)(E)(iii), uses a database described
in such subsection to determine a rate to apply under such subsection
for an item or service by reason of having insufficient information
described in such subsection with respect to such item or service, such
sponsor or issuer shall cover the cost for access to such database.''.
(2) Transfer amendment.--Part D of title XXVII of the Public
Health Service Act, as added by paragraph (1), is amended by
adding at the end the following new section:
``SEC. 2799A-7. <<NOTE: 42 USC 300gg-117.>> OTHER PATIENT
PROTECTIONS.
``(a) Choice of Health Care Professional.--If a group health plan,
or a health insurance issuer offering group or individual health
insurance coverage, requires or provides for designation by a
participant, beneficiary, or enrollee of a participating primary care
provider, then the plan or issuer shall permit each participant,
beneficiary, and enrollee to designate any participating primary care
provider who is available to accept such individual.
``(b) Access to Pediatric Care.--
``(1) Pediatric care.--In the case of a person who has a
child who is a participant, beneficiary, or enrollee under a
group health plan, or group or individual health insurance
coverage offered by a health insurance issuer, if the plan or
issuer requires or provides for the designation of a
participating primary care provider for the child, the plan or
issuer shall permit such person to designate a physician
(allopathic or osteopathic) who specializes in pediatrics as the
child's primary care provider if such provider participates in
the network of the plan or issuer.
[[Page 134 STAT. 2771]]
``(2) Construction.--Nothing in paragraph (1) shall be
construed to waive any exclusions of coverage under the terms
and conditions of the plan or health insurance coverage with
respect to coverage of pediatric care.
``(c) Patient Access to Obstetrical and Gynecological Care.--
``(1) General rights.--
``(A) Direct access.--A group health plan, or health
insurance issuer offering group or individual health
insurance coverage, described in paragraph (2) may not
require authorization or referral by the plan, issuer,
or any person (including a primary care provider
described in paragraph (2)(B)) in the case of a female
participant, beneficiary, or enrollee who seeks coverage
for obstetrical or gynecological care provided by a
participating health care professional who specializes
in obstetrics or gynecology. Such professional shall
agree to otherwise adhere to such plan's or issuer's
policies and procedures, including procedures regarding
referrals and obtaining prior authorization and
providing services pursuant to a treatment plan (if any)
approved by the plan or issuer.
``(B) Obstetrical and gynecological care.--A group
health plan or health insurance issuer described in
paragraph (2) shall treat the provision of obstetrical
and gynecological care, and the ordering of related
obstetrical and gynecological items and services,
pursuant to the direct access described under
subparagraph (A), by a participating health care
professional who specializes in obstetrics or gynecology
as the authorization of the primary care provider.
``(2) Application of paragraph.--A group health plan, or
health insurance issuer offering group or individual health
insurance coverage, described in this paragraph is a group
health plan or health insurance coverage that--
``(A) provides coverage for obstetric or gynecologic
care; and
``(B) requires the designation by a participant,
beneficiary, or enrollee of a participating primary care
provider.
``(3) Construction.--Nothing in paragraph (1) shall be
construed to--
``(A) waive any exclusions of coverage under the
terms and conditions of the plan or health insurance
coverage with respect to coverage of obstetrical or
gynecological care; or
``(B) preclude the group health plan or health
insurance issuer involved from requiring that the
obstetrical or gynecological provider notify the primary
care health care professional or the plan or issuer of
treatment decisions.''.
(3) Conforming amendments.--
(A) Section 2719A of the Public Health Service Act
(42 U.S.C. 300gg-19a) is amended by adding at the end
the following new subsection:
``(e) <<NOTE: Effective date.>> Application.--The provisions of
this section shall not apply with respect to a group health plan, health
insurance issuers, or group or individual health insurance coverage with
respect to plan years beginning on or on January 1, 2022.''.
[[Page 134 STAT. 2772]]
(B) Section 2722 of the Public Health Service Act
(42 U.S.C. 300gg-21) is amended--
(i) in subsection (a)(1), by inserting ``and
part D'' after ``subparts 1 and 2'';
(ii) in subsection (b), by inserting ``and
part D'' after ``subparts 1 and 2'';
(iii) in subsection (c)(1), by inserting ``and
part D'' after ``subparts 1 and 2'';
(iv) in subsection (c)(2), by inserting ``and
part D'' after ``subparts 1 and 2'';
(v) in subsection (c)(3), by inserting ``and
part D'' after ``this part''; and
(vi) in subsection (d), in the matter
preceding paragraph (1), by inserting ``and part
D'' after ``this part''.
(C) Section 2723 of the Public Health Service Act
(42 U.S.C. 300gg-22) is amended--
(i) in subsection (a)(1), by inserting ``and
part D'' after ``this part'';
(ii) in subsection (a)(2), by inserting ``or
part D'' after ``this part'';
(iii) in subsection (b)(1), by inserting ``or
part D'' after ``this part'';
(iv) in subsection (b)(2)(A), by inserting
``or part D'' after ``this part''; and
(v) in subsection (b)(2)(C)(ii), by inserting
``and part D'' after ``this part''.
(D) Section 2724 of the Public Health Service Act
(42 U.S.C. 300gg-23) is amended--
(i) in subsection (a)(1)--
(I) by striking ``this part and part
C insofar as it relates to this part''
and inserting ``this part, part D, and
part C insofar as it relates to this
part or part D''; and
(II) by inserting ``or part D''
after ``requirement of this part'';
(ii) in subsection (a)(2), by inserting ``or
part D'' after ``this part''; and
(iii) in subsection (c), by inserting ``or
part D'' after ``this part (other than section
2704)''.
(b) ERISA Amendments.--
(1) In general.--Subpart B of part 7 of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185
et seq.) is amended by adding at the end the following:
``SEC. 716. <<NOTE: 29 USC 1185e.>> PREVENTING SURPRISE MEDICAL
BILLS.
``(a) Coverage of Emergency Services.--
``(1) In general.--If a group health plan, or a health
insurance issuer offering group health insurance coverage,
provides or covers any benefits with respect to services in an
emergency department of a hospital or with respect to emergency
services in an independent freestanding emergency department (as
defined in paragraph (3)(D)), the plan or issuer shall cover
emergency services (as defined in paragraph (3)(C))--
``(A) without the need for any prior authorization
determination;
[[Page 134 STAT. 2773]]
``(B) whether the health care provider furnishing
such services is a participating provider or a
participating emergency facility, as applicable, with
respect to such services;
``(C) in a manner so that, if such services are
provided to a participant or beneficiary by a
nonparticipating provider or a nonparticipating
emergency facility--
``(i) such services will be provided without
imposing any requirement under the plan for prior
authorization of services or any limitation on
coverage that is more restrictive than the
requirements or limitations that apply to
emergency services received from participating
providers and participating emergency facilities
with respect to such plan or coverage,
respectively;
``(ii) the cost-sharing requirement is not
greater than the requirement that would apply if
such services were provided by a participating
provider or a participating emergency facility;
``(iii) such cost-sharing requirement is
calculated as if the total amount that would have
been charged for such services by such
participating provider or participating emergency
facility were equal to the recognized amount (as
defined in paragraph (3)(H)) for such services,
plan or coverage, and year;
``(iv) the group health plan or health
insurance issuer, respectively--
``(I) <<NOTE: Deadline. Notice.>>
not later than 30 calendar days after
the bill for such services is
transmitted by such provider or
facility, sends to the provider or
facility, as applicable, an initial
payment or notice of denial of payment;
and
``(II) pays a total plan or coverage
payment directly to such provider or
facility, respectively (in accordance,
if applicable, with the timing
requirement described in subsection
(c)(6)) that is, with application of any
initial payment under subclause (I),
equal to the amount by which the out-of-
network rate (as defined in paragraph
(3)(K)) for such services exceeds the
cost-sharing amount for such services
(as determined in accordance with
clauses (ii) and (iii)) and year; and
``(v) any cost-sharing payments made by the
participant or beneficiary with respect to such
emergency services so furnished shall be counted
toward any in-network deductible or out-of-pocket
maximums applied under the plan or coverage,
respectively (and such in-network deductible and
out-of-pocket maximums shall be applied) in the
same manner as if such cost-sharing payments were
made with respect to emergency services furnished
by a participating provider or a participating
emergency facility; and
``(D) without regard to any other term or condition
of such coverage (other than exclusion or coordination
of benefits, or an affiliation or waiting period,
permitted under section 2704 of the Public Health
Service Act, including as incorporated pursuant to
section 715 of this Act and section 9815 of the Internal
Revenue Code of 1986, and other than applicable cost-
sharing).
[[Page 134 STAT. 2774]]
``(2) <<NOTE: Deadline. Consultation.>> Regulations for
qualifying payment amounts.--Not later than July 1, 2021, the
Secretary, in consultation with the Secretary of the Treasury
and the Secretary of Health and Human Services, shall establish
through rulemaking--
``(A) the methodology the group health plan or
health insurance issuer offering health insurance
coverage in the group market shall use to determine the
qualifying payment amount, differentiating by large
group market, and small group market;
``(B) the information such plan or issuer,
respectively, shall share with the nonparticipating
provider or nonparticipating facility, as applicable,
when making such a determination;
``(C) the geographic regions applied for purposes of
this subparagraph, taking into account access to items
and services in rural and underserved areas, including
health professional shortage areas, as defined in
section 332 of the Public Health Service Act; and
``(D) <<NOTE: Complaints.>> a process to receive
complaints of violations of the requirements described
in subclauses (I) and (II) of subparagraph (A)(i) by
group health plans and health insurance issuers offering
health insurance coverage in the group market.
Such rulemaking shall take into account payments that are made
by such plan or issuer, respectively, that are not on a fee-for-
service basis. Such methodology may account for relevant payment
adjustments that take into account quality or facility type
(including higher acuity settings and the case-mix of various
facility types) that are otherwise taken into account for
purposes of determining payment amounts with respect to
participating facilities. In <<NOTE: Consultation. Updates.>>
carrying out clause (iii), the Secretary shall consult with the
National Association of Insurance Commissioners to establish the
geographic regions under such clause and shall periodically
update such regions, as appropriate, taking into account the
findings of the report submitted under section 109(a) of the No
Surprises Act.
``(3) Definitions.--In this subpart:
``(A) Emergency department of a hospital.--The term
`emergency department of a hospital' includes a hospital
outpatient department that provides emergency services
(as defined in subparagraph (C)(i)).
``(B) Emergency medical condition.--The term
`emergency medical condition' means a medical condition
manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that a prudent
layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of
immediate medical attention to result in a condition
described in clause (i), (ii), or (iii) of section
1867(e)(1)(A) of the Social Security Act.
``(C) Emergency services.--
``(i) In general.--The term `emergency
services', with respect to an emergency medical
condition, means--
``(I) a medical screening
examination (as required under section
1867 of the Social Security Act, or as
would be required under such section
[[Page 134 STAT. 2775]]
if such section applied to an
independent freestanding emergency
department) that is within the
capability of the emergency department
of a hospital or of an independent
freestanding emergency department, as
applicable, including ancillary services
routinely available to the emergency
department to evaluate such emergency
medical condition; and
``(II) within the capabilities of
the staff and facilities available at
the hospital or the independent
freestanding emergency department, as
applicable, such further medical
examination and treatment as are
required under section 1867 of such Act,
or as would be required under such
section if such section applied to an
independent freestanding emergency
department, to stabilize the patient
(regardless of the department of the
hospital in which such further
examination or treatment is furnished).
``(ii) Inclusion of additional services.--
``(I) In general.--For purposes of
this subsection and section 2799B-1 of
the Public Health Service Act, in the
case of a participant or beneficiary who
is enrolled in a group health plan or
group health insurance coverage offered
by a health insurance issuer and who is
furnished services described in clause
(i) with respect to an emergency medical
condition, the term `emergency services'
shall include, unless each of the
conditions described in subclause (II)
are met, in addition to the items and
services described in clause (i), items
and services--
``(aa) for which benefits
are provided or covered under
the plan or coverage,
respectively; and
``(bb) that are furnished by
a nonparticipating provider or
nonparticipating emergency
facility (regardless of the
department of the hospital in
which such items or services are
furnished) after the participant
or beneficiary is stabilized and
as part of outpatient
observation or an inpatient or
outpatient stay with respect to
the visit in which the services
described in clause (i) are
furnished.
``(II) Conditions.--For purposes of
subclause (I), the conditions described
in this subclause, with respect to a
participant or beneficiary who is
stabilized and furnished additional
items and services described in
subclause (I) after such stabilization
by a provider or facility described in
subclause (I), are the following;
``(aa) <<NOTE: Determination.>>
Such provider or facility
determines such individual is
able to travel using nonmedical
transportation or nonemergency
medical transportation.
``(bb) Such provider
furnishing such additional items
and services satisfies the
notice
[[Page 134 STAT. 2776]]
and consent criteria of section
2799B-2(d) with respect to such
items and services.
``(cc) <<NOTE: Determination. Gui
delines.>> Such individual is
in a condition to receive (as
determined in accordance with
guidelines issued by the
Secretary pursuant to
rulemaking) the information
described in section 2799B-2 and
to provide informed consent
under such section, in
accordance with applicable State
law.
``(dd) Such other
conditions, as specified by the
Secretary, such as conditions
relating to coordinating care
transitions to participating
providers and facilities.
``(D) Independent freestanding emergency
department.--The term `independent freestanding
emergency department' means a health care facility
that--
``(i) is geographically separate and distinct
and licensed separately from a hospital under
applicable State law; and
``(ii) provides any of the emergency services
(as defined in subparagraph (C)(i)).
``(E) Qualifying payment amount.--
``(i) In general.--The term `qualifying
payment amount' means, subject to clauses (ii) and
(iii), with respect to a sponsor of a group health
plan and health insurance issuer offering group
health insurance coverage--
``(I) for an item or service
furnished during 2022, the median of the
contracted rates recognized by the plan
or issuer, respectively (determined with
respect to all such plans of such
sponsor or all such coverage offered by
such issuer that are offered within the
same insurance market (specified in
subclause (I), (II), or (III) of clause
(iv)) as the plan or coverage) as the
total maximum payment (including the
cost-sharing amount imposed for such
item or service and the amount to be
paid by the plan or issuer,
respectively) under such plans or
coverage, respectively, on January 31,
2019, for the same or a similar item or
service that is provided by a provider
in the same or similar specialty and
provided in the geographic region in
which the item or service is furnished,
consistent with the methodology
established by the Secretary under
paragraph (2), increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over 2019,
such percentage increase over 2020, and
such percentage increase over 2021; and
``(II) for an item or service
furnished during 2023 or a subsequent
year, the qualifying payment amount
determined under this clause for such an
item or service furnished in the
previous year, increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over such
previous year.
[[Page 134 STAT. 2777]]
``(ii) New plans and coverage.--The term
`qualifying payment amount' means, with respect to
a sponsor of a group health plan or health
insurance issuer offering group health insurance
coverage in a geographic region in which such
sponsor or issuer, respectively, did not offer any
group health plan or health insurance coverage
during 2019--
``(I) for the first year in which
such group health plan or health
insurance coverage, respectively, is
offered in such region, a rate
(determined in accordance with a
methodology established by the
Secretary) for items and services that
are covered by such plan and furnished
during such first year; and
``(II) for each subsequent year such
group health plan or health insurance
coverage, respectively, is offered in
such region, the qualifying payment
amount determined under this clause for
such items and services furnished in the
previous year, increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over such
previous year.
``(iii) Insufficient information; newly
covered items and services.--In the case of a
sponsor of a group health plan or health insurance
issuer offering group health insurance coverage
that does not have sufficient information to
calculate the median of the contracted rates
described in clause (i)(I) in 2019 (or, in the
case of a newly covered item or service (as
defined in clause (v)(III)), in the first coverage
year (as defined in clause (v)(I)) for such item
or service with respect to such plan or coverage)
for an item or service (including with respect to
provider type, or amount, of claims for items or
services (as determined by the Secretary) provided
in a particular geographic region (other than in a
case with respect to which clause (ii) applies))
the term `qualifying payment amount'--
``(I) for an item or service
furnished during 2022 (or, in the case
of a newly covered item or service,
during the first coverage year for such
item or service with respect to such
plan or coverage), means such rate for
such item or service determined by the
sponsor or issuer, respectively, through
use of any database that is determined,
in accordance with rulemaking described
in paragraph (2), to not have any
conflicts of interest and to have
sufficient information reflecting
allowed amounts paid to a health care
provider or facility for relevant
services furnished in the applicable
geographic region (such as a State all-
payer claims database);
``(II) for an item or service
furnished in a subsequent year (before
the first sufficient information year
(as defined in clause (v)(II)) for such
item or service with respect to such
plan or coverage),
[[Page 134 STAT. 2778]]
means the rate determined under
subclause (I) or this subclause, as
applicable, for such item or service for
the year previous to such subsequent
year, increased by the percentage
increase in the consumer price index for
all urban consumers (United States city
average) over such previous year;
``(III) for an item or service
furnished in the first sufficient
information year for such item or
service with respect to such plan or
coverage, has the meaning given the term
qualifying payment amount in clause
(i)(I), except that in applying such
clause to such item or service, the
reference to `furnished during 2022'
shall be treated as a reference to
furnished during such first sufficient
information year, the reference to `in
2019' shall be treated as a reference to
such sufficient information year, and
the increase described in such clause
shall not be applied; and
``(IV) for an item or service
furnished in any year subsequent to the
first sufficient information year for
such item or service with respect to
such plan or coverage, has the meaning
given such term in clause (i)(II),
except that in applying such clause to
such item or service, the reference to
`furnished during 2023 or a subsequent
year' shall be treated as a reference to
furnished during the year after such
first sufficient information year or a
subsequent year.
``(iv) Insurance market.--For purposes of
clause (i)(I), a health insurance market specified
in this clause is one of the following:
``(I) The large group market (other
than plans described in subclause
(III)).
``(II) The small group market (other
than plans described in subclause
(III)).
``(III) In the case of a self-
insured group health plan, other self-
insured group health plans.
``(v) Definitions.--For purposes of this
subparagraph:
``(I) First coverage year.--The term
`first coverage year' means, with
respect to a group health plan or group
health insurance coverage offered by a
health insurance issuer and an item or
service for which coverage is not
offered in 2019 under such plan or
coverage, the first year after 2019 for
which coverage for such item or service
is offered under such plan or health
insurance coverage.
``(II) First sufficient information
year.--The term `first sufficient
information year' means, with respect to
a group health plan or group health
insurance coverage offered by a health
insurance issuer--
``(aa) in the case of an
item or service for which the
plan or coverage does not have
sufficient information to
calculate the median
[[Page 134 STAT. 2779]]
of the contracted rates
described in clause (i)(I) in
2019, the first year subsequent
to 2022 for which such sponsor
or issuer has such sufficient
information to calculate the
median of such contracted rates
in the year previous to such
first subsequent year; and
``(bb) in the case of a
newly covered item or service,
the first year subsequent to the
first coverage year for such
item or service with respect to
such plan or coverage for which
the sponsor or issuer has
sufficient information to
calculate the median of the
contracted rates described in
clause (i)(I) in the year
previous to such first
subsequent year.
``(III) Newly covered item or
service.--The term `newly covered item
or service' means, with respect to a
group health plan or health insurance
issuer offering group health insurance
coverage, an item or service for which
coverage was not offered in 2019 under
such plan or coverage, but is offered
under such plan or coverage in a year
after 2019.
``(F) Nonparticipating emergency facility;
participating emergency facility.--
``(i) Nonparticipating emergency facility.--
The term `nonparticipating emergency facility'
means, with respect to an item or service and a
group health plan or group health insurance
coverage offered by a health insurance issuer, an
emergency department of a hospital, or an
independent freestanding emergency department,
that does not have a contractual relationship
directly or indirectly with the plan or issuer,
respectively, for furnishing such item or service
under the plan or coverage, respectively.
``(ii) Participating emergency facility.--The
term `participating emergency facility' means,
with respect to an item or service and a group
health plan or group health insurance coverage
offered by a health insurance issuer, an emergency
department of a hospital, or an independent
freestanding emergency department, that has a
contractual relationship directly or indirectly
with the plan or issuer, respectively, with
respect to the furnishing of such an item or
service at such facility.
``(G) Nonparticipating providers; participating
providers.--
``(i) Nonparticipating provider.--The term
`nonparticipating provider' means, with respect to
an item or service and a group health plan or
group health insurance coverage offered by a
health insurance issuer, a physician or other
health care provider who is acting within the
scope of practice of that provider's license or
certification under applicable State law and who
does not have a contractual relationship with the
plan or issuer, respectively, for furnishing such
item or service under the plan or coverage,
respectively.
[[Page 134 STAT. 2780]]
``(ii) Participating provider.--The term
`participating provider' means, with respect to an
item or service and a group health plan or group
health insurance coverage offered by a health
insurance issuer, a physician or other health care
provider who is acting within the scope of
practice of that provider's license or
certification under applicable State law and who
has a contractual relationship with the plan or
issuer, respectively, for furnishing such item or
service under the plan or coverage, respectively.
``(H) Recognized amount.--The term `recognized
amount' means, with respect to an item or service
furnished by a nonparticipating provider or
nonparticipating emergency facility during a year and a
group health plan or group health insurance coverage
offered by a health insurance issuer--
``(i) subject to clause (iii), in the case of
such item or service furnished in a State that has
in effect a specified State law with respect to
such plan, coverage, or issuer, respectively; such
a nonparticipating provider or nonparticipating
emergency facility; and such an item or service,
the amount determined in accordance with such law;
``(ii) subject to clause (iii), in the case of
such item or service furnished in a State that
does not have in effect a specified State law,
with respect to such plan, coverage, or issuer,
respectively; such a nonparticipating provider or
nonparticipating emergency facility; and such an
item or service, the amount that is the qualifying
payment amount (as defined in subparagraph (E))
for such year and determined in accordance with
rulemaking described in paragraph (2)) for such
item or service; or
``(iii) in the case of such item or service
furnished in a State with an All-Payer Model
Agreement under section 1115A of the Social
Security Act, the amount that the State approves
under such system for such item or service so
furnished.
``(I) Specified state law.--The term `specified
State law' means, with respect to a State, an item or
service furnished by a nonparticipating provider or
nonparticipating emergency facility during a year and a
group health plan or group health insurance coverage
offered by a health insurance issuer, a State law that
provides for a method for determining the total amount
payable under such a plan, coverage, or issuer,
respectively (to the extent such State law applies to
such plan, coverage, or issuer, subject to section 514)
in the case of a participant or beneficiary covered
under such plan or coverage and receiving such item or
service from such a nonparticipating provider or
nonparticipating emergency facility.
``(J) Stabilize.--The term `to stabilize', with
respect to an emergency medical condition (as defined in
subparagraph (B)), has the meaning give in section
1867(e)(3) of the Social Security Act (42 U.S.C.
1395dd(e)(3)).
``(K) Out-of-network rate.--The term `out-of-network
rate' means, with respect to an item or service
furnished
[[Page 134 STAT. 2781]]
in a State during a year to a participant or beneficiary
of a group health plan or group health insurance
coverage offered by a health insurance issuer receiving
such item or service from a nonparticipating provider or
nonparticipating emergency facility--
``(i) subject to clause (iii), in the case of
such item or service furnished in a State that has
in effect a specified State law with respect to
such plan, coverage, or issuer, respectively; such
a nonparticipating provider or nonparticipating
emergency facility; and such an item or service,
the amount determined in accordance with such law;
``(ii) subject to clause (iii), in the case
such State does not have in effect such a law with
respect to such item or service, plan, and
provider or facility--
``(I) subject to subclause (II), if
the provider or facility (as applicable)
and such plan or coverage agree on an
amount of payment (including if such
agreed on amount is the initial payment
sent by the plan under subsection
(a)(1)(C)(iv)(I), subsection (b)(1)(C),
or section 717(a)(3)(A), as applicable,
or is agreed on through open
negotiations under subsection (c)(1))
with respect to such item or service,
such agreed on amount; or
``(II) <<NOTE: Determination.>> if
such provider or facility (as
applicable) and such plan or coverage
enter the independent dispute resolution
process under subsection (c) and do not
so agree before the date on which a
certified IDR entity (as defined in
paragraph (4) of such subsection) makes
a determination with respect to such
item or service under such subsection,
the amount of such determination; or
``(iii) in the case such State has an All-
Payer Model Agreement under section 1115A of the
Social Security Act, the amount that the State
approves under such system for such item or
service so furnished.
``(L) Cost-sharing.--The term `cost-sharing'
includes copayments, coinsurance, and deductibles.
``(b) Coverage of Non-emergency Services Performed by
Nonparticipating Providers at Certain Participating Facilities.--
``(1) In general.--In the case of items or services (other
than emergency services to which subsection (a) applies) for
which any benefits are provided or covered by a group health
plan or health insurance issuer offering group health insurance
coverage furnished to a participant or beneficiary of such plan
or coverage by a nonparticipating provider (as defined in
subsection (a)(3)(G)(i)) (and who, with respect to such items
and services, has not satisfied the notice and consent criteria
of section 2799B-2(d) of the Public Health Service Act) with
respect to a visit (as defined by the Secretary in accordance
with paragraph (2)(B)) at a participating health care facility
(as defined in paragraph (2)(A)), with respect to such plan or
coverage, respectively, the plan or coverage, respectively--
``(A) shall not impose on such participant or
beneficiary a cost-sharing requirement for such items
and services
[[Page 134 STAT. 2782]]
so furnished that is greater than the cost-sharing
requirement that would apply under such plan or
coverage, respectively, had such items or services been
furnished by a participating provider (as defined in
subsection (a)(3)(G)(ii));
``(B) shall calculate such cost-sharing requirement
as if the total amount that would have been charged for
such items and services by such participating provider
were equal to the recognized amount (as defined in
subsection (a)(3)(H)) for such items and services, plan
or coverage, and year;
``(C) <<NOTE: Deadline. Notice.>> not later than 30
calendar days after the bill for such items or services
is transmitted by such provider, shall send to the
provider an initial payment or notice of denial of
payment;
``(D) shall pay a total plan or coverage payment
directly, in accordance, if applicable, with the timing
requirement described in subsection (c)(6), to such
provider furnishing such items and services to such
participant or beneficiary that is, with application of
any initial payment under subparagraph (C), equal to the
amount by which the out-of-network rate (as defined in
subsection (a)(3)(K)) for such items and services
exceeds the cost-sharing amount imposed under the plan
or coverage, respectively, for such items and services
(as determined in accordance with subparagraphs (A) and
(B)) and year; and
``(E) shall count toward any in-network deductible
and in-network out-of-pocket maximums (as applicable)
applied under the plan or coverage, respectively, any
cost-sharing payments made by the participant or
beneficiary (and such in-network deductible and out-of-
pocket maximums shall be applied) with respect to such
items and services so furnished in the same manner as if
such cost-sharing payments were with respect to items
and services furnished by a participating provider.
``(2) Definitions.--In this section:
``(A) Participating health care facility.--
``(i) In general.--The term `participating
health care facility' means, with respect to an
item or service and a group health plan or health
insurance issuer offering group health insurance
coverage, a health care facility described in
clause (ii) that has a direct or indirect
contractual relationship with the plan or issuer,
respectively, with respect to the furnishing of
such an item or service at the facility.
``(ii) Health care facility described.--A
health care facility described in this clause,
with respect to a group health plan or group
health insurance coverage, is each of the
following:
``(I) A hospital (as defined in
1861(e) of the Social Security Act).
``(II) A hospital outpatient
department.
``(III) A critical access hospital
(as defined in section 1861(mm)(1) of
such Act).
``(IV) An ambulatory surgical center
described in section 1833(i)(1)(A) of
such Act.
[[Page 134 STAT. 2783]]
``(V) Any other facility, specified
by the Secretary, that provides items or
services for which coverage is provided
under the plan or coverage,
respectively.
``(B) Visit.--The term `visit' shall, with respect
to items and services furnished to an individual at a
health care facility, include equipment and devices,
telemedicine services, imaging services, laboratory
services, preoperative and postoperative services, and
such other items and services as the Secretary may
specify, regardless of whether or not the provider
furnishing such items or services is at the facility.
``(c) Certain Access Fees to Certain Databases.--In the case of a
sponsor of a group health plan or health insurance issuer offering group
health insurance coverage that, pursuant to subsection (a)(3)(E)(iii),
uses a database described in such subsection to determine a rate to
apply under such subsection for an item or service by reason of having
insufficient information described in such subsection with respect to
such item or service, such sponsor or issuer shall cover the cost for
access to such database.''.
(2) Transfer amendment.--Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185 et seq.), as amended by paragraph (1), is further amended
by adding at the end the following:
``SEC. 722. <<NOTE: 29 USC 1185k.>> OTHER PATIENT PROTECTIONS.
``(a) Choice of Health Care Professional.--If a group health plan,
or a health insurance issuer offering group health insurance coverage,
requires or provides for designation by a participant or beneficiary of
a participating primary care provider, then the plan or issuer shall
permit each participant and beneficiary to designate any participating
primary care provider who is available to accept such individual.
``(b) Access to Pediatric Care.--
``(1) Pediatric care.--In the case of a person who has a
child who is a participant or beneficiary under a group health
plan, or group health insurance coverage offered by a health
insurance issuer, if the plan or issuer requires or provides for
the designation of a participating primary care provider for the
child, the plan or issuer shall permit such person to designate
a physician (allopathic or osteopathic) who specializes in
pediatrics as the child's primary care provider if such provider
participates in the network of the plan or issuer.
``(2) Construction.--Nothing in paragraph (1) shall be
construed to waive any exclusions of coverage under the terms
and conditions of the plan or health insurance coverage with
respect to coverage of pediatric care.
``(c) Patient Access to Obstetrical and Gynecological Care.--
``(1) General rights.--
``(A) Direct access.--A group health plan, or health
insurance issuer offering group health insurance
coverage, described in paragraph (2) may not require
authorization or referral by the plan, issuer, or any
person (including a primary care provider described in
paragraph (2)(B)) in the case of a female participant or
beneficiary who
[[Page 134 STAT. 2784]]
seeks coverage for obstetrical or gynecological care
provided by a participating health care professional who
specializes in obstetrics or gynecology. Such
professional shall agree to otherwise adhere to such
plan's or issuer's policies and procedures, including
procedures regarding referrals and obtaining prior
authorization and providing services pursuant to a
treatment plan (if any) approved by the plan or issuer.
``(B) Obstetrical and gynecological care.--A group
health plan or health insurance issuer described in
paragraph (2) shall treat the provision of obstetrical
and gynecological care, and the ordering of related
obstetrical and gynecological items and services,
pursuant to the direct access described under
subparagraph (A), by a participating health care
professional who specializes in obstetrics or gynecology
as the authorization of the primary care provider.
``(2) Application of paragraph.--A group health plan, or
health insurance issuer offering group health insurance
coverage, described in this paragraph is a group health plan or
coverage that--
``(A) provides coverage for obstetric or gynecologic
care; and
``(B) requires the designation by a participant or
beneficiary of a participating primary care provider.
``(3) Construction.--Nothing in paragraph (1) shall be
construed to--
``(A) waive any exclusions of coverage under the
terms and conditions of the plan or health insurance
coverage with respect to coverage of obstetrical or
gynecological care; or
``(B) preclude the group health plan or health
insurance issuer involved from requiring that the
obstetrical or gynecological provider notify the primary
care health care professional or the plan or issuer of
treatment decisions.''.
(3) Clerical amendment.--The table of contents of the
Employee Retirement Income Security Act of 1974 is amended by
inserting after the item relating to section 714 the following:
``Sec. 715. Additional market reforms.
``Sec. 716. Preventing surprise medical bills.
``Sec. 722. Other patient protections.''.
(c) IRC Amendments.--
(1) In general.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``SEC. 9816. <<NOTE: 26 USC 9816.>> PREVENTING SURPRISE MEDICAL
BILLS.
``(a) Coverage of Emergency Services.--
``(1) In general.--If a group health plan provides or covers
any benefits with respect to services in an emergency department
of a hospital or with respect to emergency services in an
independent freestanding emergency department (as defined in
paragraph (3)(D)), the plan shall cover emergency services (as
defined in paragraph (3)(C))--
``(A) without the need for any prior authorization
determination;
[[Page 134 STAT. 2785]]
``(B) whether the health care provider furnishing
such services is a participating provider or a
participating emergency facility, as applicable, with
respect to such services;
``(C) in a manner so that, if such services are
provided to a participant or beneficiary by a
nonparticipating provider or a nonparticipating
emergency facility--
``(i) such services will be provided without
imposing any requirement under the plan for prior
authorization of services or any limitation on
coverage that is more restrictive than the
requirements or limitations that apply to
emergency services received from participating
providers and participating emergency facilities
with respect to such plan;
``(ii) the cost-sharing requirement is not
greater than the requirement that would apply if
such services were provided by a participating
provider or a participating emergency facility;
``(iii) such cost-sharing requirement is
calculated as if the total amount that would have
been charged for such services by such
participating provider or participating emergency
facility were equal to the recognized amount (as
defined in paragraph (3)(H)) for such services,
plan, and year;
``(iv) the group health plan--
``(I) <<NOTE: Deadline. Notice.>>
not later than 30 calendar days after
the bill for such services is
transmitted by such provider or
facility, sends to the provider or
facility, as applicable, an initial
payment or notice of denial of payment;
and
``(II) pays a total plan payment
directly to such provider or facility,
respectively (in accordance, if
applicable, with the timing requirement
described in subsection (c)(6)) that is,
with application of any initial payment
under subclause (I), equal to the amount
by which the out-of-network rate (as
defined in paragraph (3)(K)) for such
services exceeds the cost-sharing amount
for such services (as determined in
accordance with clauses (ii) and (iii))
and year; and
``(iv) any cost-sharing payments made by the
participant or beneficiary with respect to such
emergency services so furnished shall be counted
toward any in-network deductible or out-of-pocket
maximums applied under the plan (and such in-
network deductible and out-of-pocket maximums
shall be applied) in the same manner as if such
cost-sharing payments were made with respect to
emergency services furnished by a participating
provider or a participating emergency facility;
and
``(D) without regard to any other term or condition
of such coverage (other than exclusion or coordination
of benefits, or an affiliation or waiting period,
permitted under section 2704 of the Public Health
Service Act, including as incorporated pursuant to
section 715 of the Employee Retirement Income Security
Act of 1974 and section 9815 of this Act, and other than
applicable cost-sharing).
[[Page 134 STAT. 2786]]
``(2) Audit process and regulations for qualifying payment
amounts.--
``(A) Audit process.--
``(i) <<NOTE: Deadline. Consultation.>> In
general.--Not later than October 1, 2021, the
Secretary, in consultation with the Secretary of
Health and Human Services and the Secretary of
Labor, shall establish through rulemaking a
process, in accordance with clause (ii), under
which group health plans are audited by the
Secretary or applicable State authority to ensure
that--
``(I) <<NOTE: Compliance.>> such
plans are in compliance with the
requirement of applying a qualifying
payment amount under this section; and
``(II) such qualifying payment
amount so applied satisfies the
definition under paragraph (3)(E) with
respect to the year involved, including
with respect to a group health plan
described in clause (ii) of such
paragraph (3)(E).
``(ii) Audit samples.--Under the process
established pursuant to clause (i), the
Secretary--
``(I) shall conduct audits described
in such clause, with respect to a year
(beginning with 2022), of a sample with
respect to such year of claims data from
not more than 25 group health plans; and
``(II) may audit any group health
plan if the Secretary has received any
complaint or other information about
such plan or coverage, respectively,
that involves the compliance of the plan
with either of the requirements
described in subclauses (I) and (II) of
such clause.
``(iii) Reports.--Beginning for 2022, the
Secretary shall annually submit to Congress a
report on the number of plans and issuers with
respect to which audits were conducted during such
year pursuant to this subparagraph.
``(B) <<NOTE: Deadline. Consultation.>>
Rulemaking.--Not later than July 1, 2021, the Secretary,
in consultation with the Secretary of Labor and the
Secretary of Health and Human Services, shall establish
through rulemaking--
``(i) the methodology the group health plan
shall use to determine the qualifying payment
amount, differentiating by large group market and
small group market;
``(ii) the information such plan or issuer,
respectively, shall share with the
nonparticipating provider or nonparticipating
facility, as applicable, when making such a
determination;
``(iii) the geographic regions applied for
purposes of this subparagraph, taking into account
access to items and services in rural and
underserved areas, including health professional
shortage areas, as defined in section 332 of the
Public Health Service Act; and
``(iv) <<NOTE: Complaints.>> a process to
receive complaints of violations of the
requirements described in subclauses (I) and (II)
of subparagraph (A)(i) by group health plans.
[[Page 134 STAT. 2787]]
Such rulemaking shall take into account payments that
are made by such plan that are not on a fee-for-service
basis. Such methodology may account for relevant payment
adjustments that take into account quality or facility
type (including higher acuity settings and the case-mix
of various facility types) that are otherwise taken into
account for purposes of determining payment amounts with
respect to participating facilities.
In <<NOTE: Consultation. Updates.>> carrying out clause
(iii), the Secretary shall consult with the National
Association of Insurance Commissioners to establish the
geographic regions under such clause and shall
periodically update such regions, as appropriate, taking
into account the findings of the report submitted under
section 109(a) of the No Surprises Act.
``(3) Definitions.--In this subchapter:
``(A) Emergency department of a hospital.--The term
`emergency department of a hospital' includes a hospital
outpatient department that provides emergency services
(as defined in subparagraph (C)(i)).
``(B) Emergency medical condition.--The term
`emergency medical condition' means a medical condition
manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that a prudent
layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of
immediate medical attention to result in a condition
described in clause (i), (ii), or (iii) of section
1867(e)(1)(A) of the Social Security Act.
``(C) Emergency services.--
``(i) In general.--The term `emergency
services', with respect to an emergency medical
condition, means--
``(I) a medical screening
examination (as required under section
1867 of the Social Security Act, or as
would be required under such section if
such section applied to an independent
freestanding emergency department) that
is within the capability of the
emergency department of a hospital or of
an independent freestanding emergency
department, as applicable, including
ancillary services routinely available
to the emergency department to evaluate
such emergency medical condition; and
``(II) within the capabilities of
the staff and facilities available at
the hospital or the independent
freestanding emergency department, as
applicable, such further medical
examination and treatment as are
required under section 1867 of such Act,
or as would be required under such
section if such section applied to an
independent freestanding emergency
department, to stabilize the patient
(regardless of the department of the
hospital in which such further
examination or treatment is furnished).
``(ii) Inclusion of additional services.--
``(I) In general.--For purposes of
this subsection and section 2799B-1 of
the Public Health
[[Page 134 STAT. 2788]]
Service Act, in the case of a
participant or beneficiary who is
enrolled in a group health plan and who
is furnished services described in
clause (i) with respect to an emergency
medical condition, the term `emergency
services' shall include, unless each of
the conditions described in subclause
(II) are met, in addition to the items
and services described in clause (i),
items and services--
``(aa) for which benefits
are provided or covered under
the plan; and
``(bb) that are furnished by
a nonparticipating provider or
nonparticipating emergency
facility (regardless of the
department of the hospital in
which such items or services are
furnished) after the participant
or beneficiary is stabilized and
as part of outpatient
observation or an inpatient or
outpatient stay with respect to
the visit in which the services
described in clause (i) are
furnished.
``(II) Conditions.--For purposes of
subclause (I), the conditions described
in this subclause, with respect to a
participant or beneficiary who is
stabilized and furnished additional
items and services described in
subclause (I) after such stabilization
by a provider or facility described in
subclause (I), are the following;
``(aa) <<NOTE: Determination.>>
Such provider or facility
determines such individual is
able to travel using nonmedical
transportation or nonemergency
medical transportation.
``(bb) Such provider
furnishing such additional items
and services satisfies the
notice and consent criteria of
section 2799B-2(d) with respect
to such items and services.
``(cc) <<NOTE: Determination. Gui
delines.>> Such individual is
in a condition to receive (as
determined in accordance with
guidelines issued by the
Secretary pursuant to
rulemaking) the information
described in section 2799B-2 and
to provide informed consent
under such section, in
accordance with applicable State
law.
``(dd) Such other
conditions, as specified by the
Secretary, such as conditions
relating to coordinating care
transitions to participating
providers and facilities.
``(D) Independent freestanding emergency
department.--The term `independent freestanding
emergency department' means a health care facility
that--
``(i) is geographically separate and distinct
and licensed separately from a hospital under
applicable State law; and
``(ii) provides any of the emergency services
(as defined in subparagraph (C)(i)).
``(E) Qualifying payment amount.--
``(i) In general.--The term `qualifying
payment amount' means, subject to clauses (ii) and
(iii), with respect to a sponsor of a group health
plan--
[[Page 134 STAT. 2789]]
``(I) for an item or service
furnished during 2022, the median of the
contracted rates recognized by the plan
(determined with respect to all such
plans of such sponsor that are offered
within the same insurance market
(specified in subclause (I), (II), or
(III) of clause (iv)) as the plan) as
the total maximum payment (including the
cost-sharing amount imposed for such
item or service and the amount to be
paid by the plan) under such plans on
January 31, 2019 for the same or a
similar item or service that is provided
by a provider in the same or similar
specialty and provided in the geographic
region in which the item or service is
furnished, consistent with the
methodology established by the Secretary
under paragraph (2)(B), increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over 2019,
such percentage increase over 2020, and
such percentage increase over 2021; and
``(II) for an item or service
furnished during 2023 or a subsequent
year, the qualifying payment amount
determined under this clause for such an
item or service furnished in the
previous year, increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over such
previous year.
``(ii) New plans and coverage.--The term
`qualifying payment amount' means, with respect to
a sponsor of a group health plan in a geographic
region in which such sponsor, respectively, did
not offer any group health plan or health
insurance coverage during 2019--
``(I) <<NOTE: Determination.>> for
the first year in which such group
health plan is offered in such region, a
rate (determined in accordance with a
methodology established by the
Secretary) for items and services that
are covered by such plan and furnished
during such first year; and
``(II) for each subsequent year such
group health plan is offered in such
region, the qualifying payment amount
determined under this clause for such
items and services furnished in the
previous year, increased by the
percentage increase in the consumer
price index for all urban consumers
(United States city average) over such
previous year.
``(iii) Insufficient information; newly
covered items and services.--
<<NOTE: Determination.>> In the case of a sponsor
of a group health plan that does not have
sufficient information to calculate the median of
the contracted rates described in clause (i)(I) in
2019 (or, in the case of a newly covered item or
service (as defined in clause (v)(III)), in the
first coverage year (as defined in clause (v)(I))
for such item or service with respect to such
plan) for an item or service (including with
respect to provider type, or amount, of claims for
items or
[[Page 134 STAT. 2790]]
services (as determined by the Secretary) provided
in a particular geographic region (other than in a
case with respect to which clause (ii) applies))
the term `qualifying payment amount'--
``(I) <<NOTE: Determination.>> for
an item or service furnished during 2022
(or, in the case of a newly covered item
or service, during the first coverage
year for such item or service with
respect to such plan), means such rate
for such item or service determined by
the sponsor through use of any database
that is determined, in accordance with
rulemaking described in paragraph
(2)(B), to not have any conflicts of
interest and to have sufficient
information reflecting allowed amounts
paid to a health care provider or
facility for relevant services furnished
in the applicable geographic region
(such as a State all-payer claims
database);
``(II) for an item or service
furnished in a subsequent year (before
the first sufficient information year
(as defined in clause (v)(II)) for such
item or service with respect to such
plan), means the rate determined under
subclause (I) or this subclause, as
applicable, for such item or service for
the year previous to such subsequent
year, increased by the percentage
increase in the consumer price index for
all urban consumers (United States city
average) over such previous year;
``(III) for an item or service
furnished in the first sufficient
information year for such item or
service with respect to such plan, has
the meaning given the term qualifying
payment amount in clause (i)(I), except
that in applying such clause to such
item or service, the reference to
`furnished during 2022' shall be treated
as a reference to furnished during such
first sufficient information year, the
reference to `on January 31, 2019' shall
be treated as a reference to in such
sufficient information year, and the
increase described in such clause shall
not be applied; and
``(IV) for an item or service
furnished in any year subsequent to the
first sufficient information year for
such item or service with respect to
such plan, has the meaning given such
term in clause (i)(II), except that in
applying such clause to such item or
service, the reference to `furnished
during 2023 or a subsequent year' shall
be treated as a reference to furnished
during the year after such first
sufficient information year or a
subsequent year.
``(iv) Insurance market.--For purposes of
clause (i)(I), a health insurance market specified
in this clause is one of the following:
``(I) The large group market (other
than plans described in subclause
(III)).
``(II) The small group market (other
than plans described in subclause
(III)).
[[Page 134 STAT. 2791]]
``(III) In the case of a self-
insured group health plan, other self-
insured group health plans.
``(v) Definitions.--For purposes of this
subparagraph:
``(I) First coverage year.--The term
`first coverage year' means, with
respect to a group health plan and an
item or service for which coverage is
not offered in 2019 under such plan or
coverage, the first year after 2019 for
which coverage for such item or service
is offered under such plan.
``(II) First sufficient information
year.--The term `first sufficient
information year' means, with respect to
a group health plan--
``(aa) in the case of an
item or service for which the
plan does not have sufficient
information to calculate the
median of the contracted rates
described in clause (i)(I) in
2019, the first year subsequent
to 2022 for which such sponsor
has such sufficient information
to calculate the median of such
contracted rates in the year
previous to such first
subsequent year; and
``(bb) in the case of a
newly covered item or service,
the first year subsequent to the
first coverage year for such
item or service with respect to
such plan for which the sponsor
has sufficient information to
calculate the median of the
contracted rates described in
clause (i)(I) in the year
previous to such first
subsequent year.
``(III) Newly covered item or
service.--The term `newly covered item
or service' means, with respect to a
group health plan, an item or service
for which coverage was not offered in
2019 under such plan or coverage, but is
offered under such plan or coverage in a
year after 2019.
``(F) Nonparticipating emergency facility;
participating emergency facility.--
``(i) Nonparticipating emergency facility.--
The term `nonparticipating emergency facility'
means, with respect to an item or service and a
group health plan, an emergency department of a
hospital, or an independent freestanding emergency
department, that does not have a contractual
relationship directly or indirectly with the plan
for furnishing such item or service under the
plan.
``(ii) Participating emergency facility.--The
term `participating emergency facility' means,
with respect to an item or service and a group
health plan, an emergency department of a
hospital, or an independent freestanding emergency
department, that has a contractual relationship
directly or indirectly with the plan, with respect
to the furnishing of such an item or service at
such facility.
``(G) Nonparticipating providers; participating
providers.--
[[Page 134 STAT. 2792]]
``(i) Nonparticipating provider.--The term
`nonparticipating provider' means, with respect to
an item or service and a group health plan, a
physician or other health care provider who is
acting within the scope of practice of that
provider's license or certification under
applicable State law and who does not have a
contractual relationship with the plan or issuer,
respectively, for furnishing such item or service
under the plan.
``(ii) Participating provider.--The term
`participating provider' means, with respect to an
item or service and a group health plan, a
physician or other health care provider who is
acting within the scope of practice of that
provider's license or certification under
applicable State law and who has a contractual
relationship with the plan for furnishing such
item or service under the plan.
``(H) Recognized amount.--The term `recognized
amount' means, with respect to an item or service
furnished by a nonparticipating provider or
nonparticipating emergency facility during a year and a
group health plan--
``(i) subject to clause (iii), in the case of
such item or service furnished in a State that has
in effect a specified State law with respect to
such plan; such a nonparticipating provider or
nonparticipating emergency facility; and such an
item or service, the amount determined in
accordance with such law;
``(ii) subject to clause (iii), in the case of
such item or service furnished in a State that
does not have in effect a specified State law,
with respect to such plan; such a nonparticipating
provider or nonparticipating emergency facility;
and such an item or service, the amount that is
the qualifying payment amount (as defined in
subparagraph (E)) for such year and determined in
accordance with rulemaking described in paragraph
(2)(B)) for such item or service; or
``(iii) in the case of such item or service
furnished in a State with an All-Payer Model
Agreement under section 1115A of the Social
Security Act, the amount that the State approves
under such system for such item or service so
furnished.
``(I) Specified state law.--The term `specified
State law' means, with respect to a State, an item or
service furnished by a nonparticipating provider or
nonparticipating emergency facility during a year and a
group health plan, a State law that provides for a
method for determining the total amount payable under
such a plan (to the extent such State law applies to
such plan, subject to section 514) in the case of a
participant or beneficiary covered under such plan and
receiving such item or service from such a
nonparticipating provider or nonparticipating emergency
facility.
``(J) Stabilize.--The term `to stabilize', with
respect to an emergency medical condition (as defined in
subparagraph (B)), has the meaning give in section
1867(e)(3) of the Social Security Act (42 U.S.C.
1395dd(e)(3)).
[[Page 134 STAT. 2793]]
``(K) Out-of-network rate.--The term `out-of-network
rate' means, with respect to an item or service
furnished in a State during a year to a participant or
beneficiary of a group health plan receiving such item
or service from a nonparticipating provider or
nonparticipating emergency facility--
``(i) subject to clause (iii), in the case of
such item or service furnished in a State that has
in effect a specified State law with respect to
such plan; such a nonparticipating provider or
nonparticipating emergency facility; and such an
item or service, the amount determined in
accordance with such law;
``(ii) subject to clause (iii), in the case
such State does not have in effect such a law with
respect to such item or service, plan, and
provider or facility--
``(I) subject to subclause (II), if
the provider or facility (as applicable)
and such plan or coverage agree on an
amount of payment (including if such
agreed on amount is the initial payment
sent by the plan under subsection
(a)(1)(C)(iv)(I), subsection (b)(1)(C),
or section 9817(a)(3)(A), as applicable,
or is agreed on through open
negotiations under subsection (c)(1))
with respect to such item or service,
such agreed on amount; or
``(II) <<NOTE: Determination.>> if
such provider or facility (as
applicable) and such plan or coverage
enter the independent dispute resolution
process under subsection (c) and do not
so agree before the date on which a
certified IDR entity (as defined in
paragraph (4) of such subsection) makes
a determination with respect to such
item or service under such subsection,
the amount of such determination; or
``(iii) in the case such State has an All-
Payer Model Agreement under section 1115A of the
Social Security Act, the amount that the State
approves under such system for such item or
service so furnished.
``(L) Cost-sharing.--The term `cost-sharing'
includes copayments, coinsurance, and deductibles.
``(b) Coverage of Non-emergency Services Performed by
Nonparticipating Providers at Certain Participating Facilities.--
``(1) <<NOTE: Applicability.>> In general.--In the case of
items or services (other than emergency services to which
subsection (a) applies) for which any benefits are provided or
covered by a group health plan furnished to a participant or
beneficiary of such plan by a nonparticipating provider (as
defined in subsection (a)(3)(G)(i)) (and who, with respect to
such items and services, has not satisfied the notice and
consent criteria of section 2799B-2(d) of the Public Health
Service Act) with respect to a visit (as defined by the
Secretary in accordance with paragraph (2)(B)) at a
participating health care facility (as defined in paragraph
(2)(A)), with respect to such plan, the plan--
``(A) shall not impose on such participant or
beneficiary a cost-sharing requirement for such items
and services so furnished that is greater than the cost-
sharing requirement that would apply under such plan had
such items
[[Page 134 STAT. 2794]]
or services been furnished by a participating provider
(as defined in subsection (a)(3)(G)(ii));
``(B) shall calculate such cost-sharing requirement
as if the total amount that would have been charged for
such items and services by such participating provider
were equal to the recognized amount (as defined in
subsection (a)(3)(H)) for such items and services, plan,
and year;
``(C) <<NOTE: Deadline. Notice.>> not later than 30
calendar days after the bill for such items or services
is transmitted by such provider, shall send to the
provider an initial payment or notice of denial of
payment;
``(D) shall pay a total plan payment directly, in
accordance, if applicable, with the timing requirement
described in subsection (c)(6), to such provider
furnishing such items and services to such participant
or beneficiary that is, with application of any initial
payment under subparagraph (C), equal to the amount by
which the out-of-network rate (as defined in subsection
(a)(3)(K)) for such items and services exceeds the cost-
sharing amount imposed under the plan for such items and
services (as determined in accordance with subparagraphs
(A) and (B)) and year; and
``(E) shall count toward any in-network deductible
and in-network out-of-pocket maximums (as applicable)
applied under the plan, any cost-sharing payments made
by the participant or beneficiary (and such in-network
deductible and out-of-pocket maximums shall be applied)
with respect to such items and services so furnished in
the same manner as if such cost-sharing payments were
with respect to items and services furnished by a
participating provider.
``(2) Definitions.--In this section:
``(A) Participating health care facility.--
``(i) In general.--The term `participating
health care facility' means, with respect to an
item or service and a group health plan, a health
care facility described in clause (ii) that has a
direct or indirect contractual relationship with
the plan, with respect to the furnishing of such
an item or service at the facility.
``(ii) Health care facility described.--A
health care facility described in this clause,
with respect to a group health plan or health
insurance coverage offered in the group or
individual market, is each of the following:
``(I) A hospital (as defined in
1861(e) of the Social Security Act).
``(II) A hospital outpatient
department.
``(III) A critical access hospital
(as defined in section 1861(mm)(1) of
such Act).
``(IV) An ambulatory surgical center
described in section 1833(i)(1)(A) of
such Act.
``(V) Any other facility, specified
by the Secretary, that provides items or
services for which coverage is provided
under the plan or coverage,
respectively.
``(B) Visit.--The term `visit' shall, with respect
to items and services furnished to an individual at a
health care
[[Page 134 STAT. 2795]]
facility, include equipment and devices, telemedicine
services, imaging services, laboratory services,
preoperative and postoperative services, and such other
items and services as the Secretary may specify,
regardless of whether or not the provider furnishing
such items or services is at the facility.
``(c) Certain Access Fees to Certain Databases.--In the case of a
sponsor of a group health plan that, pursuant to subsection
(a)(3)(E)(iii), uses a database described in such subsection to
determine a rate to apply under such subsection for an item or service
by reason of having insufficient information described in such
subsection with respect to such item or service, such sponsor shall
cover the cost for access to such database.''.
(2) Transfer amendment.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by paragraph (1), is
further amended by adding at the end the following:
``SEC. 9822. <<NOTE: 26 USC 9822.>> OTHER PATIENT PROTECTIONS.
``(a) Choice of Health Care Professional.--If a group health plan
requires or provides for designation by a participant or beneficiary of
a participating primary care provider, then the plan shall permit each
participant and beneficiary to designate any participating primary care
provider who is available to accept such individual.
``(b) Access to Pediatric Care.--
``(1) Pediatric care.--In the case of a person who has a
child who is a participant or beneficiary under a group health
plan if the plan requires or provides for the designation of a
participating primary care provider for the child, the plan
shall permit such person to designate a physician (allopathic or
osteopathic) who specializes in pediatrics as the child's
primary care provider if such provider participates in the
network of the plan.
``(2) Construction.--Nothing in paragraph (1) shall be
construed to waive any exclusions of coverage under the terms
and conditions of the plan with respect to coverage of pediatric
care.
``(c) Patient Access to Obstetrical and Gynecological Care.--
``(1) General rights.--
``(A) Direct access.--A group health plan described
in paragraph (2) may not require authorization or
referral by the plan, issuer, or any person (including a
primary care provider described in paragraph (2)(B)) in
the case of a female participant or beneficiary who
seeks coverage for obstetrical or gynecological care
provided by a participating health care professional who
specializes in obstetrics or gynecology. Such
professional shall agree to otherwise adhere to such
plan's policies and procedures, including procedures
regarding referrals and obtaining prior authorization
and providing services pursuant to a treatment plan (if
any) approved by the plan.
``(B) Obstetrical and gynecological care.--A group
health plan described in paragraph (2) shall treat the
provision of obstetrical and gynecological care, and the
ordering of related obstetrical and gynecological items
and services, pursuant to the direct access described
under subparagraph
[[Page 134 STAT. 2796]]
(A), by a participating health care professional who
specializes in obstetrics or gynecology as the
authorization of the primary care provider.
``(2) Application of paragraph.--A group health plan
described in this paragraph is a group health plan that--
``(A) provides coverage for obstetric or gynecologic
care; and
``(B) requires the designation by a participant or
beneficiary of a participating primary care provider.
``(3) Construction.--Nothing in paragraph (1) shall be
construed to--
``(A) waive any exclusions of coverage under the
terms and conditions of the plan with respect to
coverage of obstetrical or gynecological care; or
``(B) preclude the group health plan involved from
requiring that the obstetrical or gynecological provider
notify the primary care health care professional or the
plan or issuer of treatment decisions.''.
(3) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9811 prec.>> is amended by adding at the
end the following new item:
``Sec. 9815. Additional market reforms.
``Sec. 9816. Preventing surprise medical bills.
``Sec. 9822. Other patient protections.''.
(4) Conforming amendments.--
(A) In general.--Section 223(c) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 223.>> is amended--
(i) in paragraph (1), by adding at the end the
following:
``(D) Special rule for individuals receiving
benefits subject to surprise billing statutes.--An
individual shall not fail to be treated as an eligible
individual for any period merely because the individual
receives benefits for medical care subject to and in
accordance with section 9816 or 9817, section 2799A-1 or
2799A-2 of the Public Health Service Act, or section 716
or 717 of the Employee Retirement Income Security Act of
1974, or any State law providing similar protections to
such individual.''; and
(ii) in paragraph (2), by adding at the end
the following:
``(F) Special rule for surprise billing.--A plan
shall not fail to be treated as a high deductible health
plan by reason of providing benefits for medical care in
accordance with section 9816 or 9817, section 2799A-1 or
2799A-2 of the Public Health Service Act, or section 716
or 717 of the Employee Retirement Income Security Act of
1974, or any State law providing similar protections to
individuals, prior to the satisfaction of the deductible
under paragraph (2)(A)(i).''.
(B) <<NOTE: 26 USC 223 note.>> Effective date.--The
amendments made by subparagraph (A) shall apply for plan
years beginning on or after January 1, 2022.
(d) Additional Application Provisions.--
[[Page 134 STAT. 2797]]
(1) Application to fehb.--Section 8902 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
``(p) <<NOTE: Contracts. Compliance.>> Each contract under this
chapter shall require the carrier to comply with requirements described
in the provisions of sections 2799A-1, 2799A-2, and 2799A-7 of the
Public Health Service Act, sections 716, 717, and 722 of the Employee
Retirement Income Security Act of 1974, and sections 9816, 9817, and
9822 of the Internal Revenue Code of 1986 (as applicable) in the same
manner as such provisions apply to a group health plan or health
insurance issuer offering group or individual health insurance coverage,
as described in such sections. The provisions of sections 2799B-1,
2799B-2, 2799B-3, and 2799B-5 of the Public Health Service Act shall
apply to a health care provider and facility and an air ambulance
provider described in such respective sections with respect to an
enrollee in a health benefits plan under this chapter in the same manner
as such provisions apply to such a provider and facility with respect to
an enrollee in a group health plan or group or individual health
insurance coverage offered by a health insurance issuer, as described in
such sections.''.
(2) Application to grandfathered plans.--Section 1251(a) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18011(a)) is amended by adding at the end the following:
``(5) <<NOTE: Effective date.>> Application of additional
provisions.--Sections 2799A-1, 2799A-2, and 2799A-7 of the
Public Health Service Act shall apply to grandfathered health
plans for plan years beginning on or after January 1, 2022.''.
(3) <<NOTE: 25 USC 1621u note.>> Rule of construction.--
Nothing in this title, including the amendments made by this
title may be construed as modifying, reducing, or eliminating--
(A) the protections under section 222 of the Indian
Health Care Improvement Act (25 U.S.C. 1621u) and under
subpart I of part 136 of title 42, Code of Federal
Regulations (or any successor regulation), against
payment liability for a patient who receives contract
health services that are authorized by the Indian Health
Service; or
(B) the requirements under section 1866(a)(1)(U) of
the Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).
(e) <<NOTE: Applicability. 5 USC 8902 note.>> Effective Date.--The
amendments made by this section shall apply with respect to plan years
(or, in the case of the amendment made by subsection (d)(1), with
respect to contracts entered into or renewed for contract years)
beginning on or after January 1, 2022.
SEC. 103. DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID BY
HEALTH PLANS; INDEPENDENT DISPUTE
RESOLU-
TION PROCESS.
(a) PHSA.--Section 2799A-1, as added by section 102, <<NOTE: 42
USC 300gg-111.>> is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Determination of Out-of-network Rates to Be Paid by Health
Plans; Independent Dispute Resolution Process.--
``(1) <<NOTE: Time periods.>> Determination through open
negotiation.--
``(A) <<NOTE: Notice.>> In general.--With respect
to an item or service furnished in a year by a
nonparticipating provider or a
[[Page 134 STAT. 2798]]
nonparticipating facility, with respect to a group
health plan or health insurance issuer offering group or
individual health insurance coverage, in a State
described in subsection (a)(3)(K)(ii) with respect to
such plan or coverage and provider or facility, and for
which a payment is required to be made by the plan or
coverage pursuant to subsection (a)(1) or (b)(1), the
provider or facility (as applicable) or plan or coverage
may, during the 30-day period beginning on the day the
provider or facility receives an initial payment or a
notice of denial of payment from the plan or coverage
regarding a claim for payment for such item or service,
initiate open negotiations under this paragraph between
such provider or facility and plan or coverage for
purposes of determining, during the open negotiation
period, an amount agreed on by such provider or
facility, respectively, and such plan or coverage for
payment (including any cost-sharing) for such item or
service. For purposes of this subsection, the open
negotiation period, with respect to an item or service,
is the 30-day period beginning on the date of initiation
of the negotiations with respect to such item or
service.
``(B) Accessing independent dispute resolution
process in case of failed negotiations.--In the case of
open negotiations pursuant to subparagraph (A), with
respect to an item or service, that do not result in a
determination of an amount of payment for such item or
service by the last day of the open negotiation period
described in such subparagraph with respect to such item
or service, the provider or facility (as applicable) or
group health plan or health insurance issuer offering
group or individual health insurance coverage that was
party to such negotiations may, during the 4-day period
beginning on the day after such open negotiation period,
initiate the independent dispute resolution process
under paragraph (2) with respect to such item or
service. <<NOTE: Notification. Deadline.>> The
independent dispute resolution process shall be
initiated by a party pursuant to the previous sentence
by submission to the other party and to the Secretary of
a notification (containing such information as specified
by the Secretary) and for purposes of this subsection,
the date of initiation of such process shall be the date
of such submission or such other date specified by the
Secretary pursuant to regulations that is not later than
the date of receipt of such notification by both the
other party and the Secretary.
``(2) Independent dispute resolution process available in
case of failed open negotiations.--
``(A) <<NOTE: Deadline. Regulations.>>
Establishment.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary, jointly
with the Secretary of Labor and the Secretary of the
Treasury, shall establish by regulation one independent
dispute resolution process (referred to in this
subsection as the `IDR process') under which, in the
case of an item or service with respect to which a
provider or facility (as applicable) or group health
plan or health insurance issuer offering group or
individual health insurance coverage submits a
notification under paragraph (1)(B) (in this subsection
referred to as a `qualified IDR item or service'),
[[Page 134 STAT. 2799]]
a certified IDR entity under paragraph (4) determines,
subject to subparagraph (B) and in accordance with the
succeeding provisions of this subsection, the amount of
payment under the plan or coverage for such item or
service furnished by such provider or facility.
``(B) Authority to continue negotiations.--Under the
independent dispute resolution process, in the case that
the parties to a determination for a qualified IDR item
or service agree on a payment amount for such item or
service during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under
paragraph (5), such amount shall be treated for purposes
of subsection (a)(3)(K)(ii) as the amount agreed to by
such parties for such item or
service. <<NOTE: Determination.>> In the case of an
agreement described in the previous sentence, the
independent dispute resolution process shall provide for
a method to determine how to allocate between the
parties to such determination the payment of the
compensation of the entity selected with respect to such
determination.
``(C) Clarification.--A nonparticipating provider
may not, with respect to an item or service furnished by
such provider, submit a notification under paragraph
(1)(B) if such provider is exempt from the requirement
under subsection (a) of section 2799B-2 with respect to
such item or service pursuant to subsection (b) of such
section.
``(3) Treatment of batching of items and services.--
``(A) <<NOTE: Criteria.>> In general.--Under the
IDR process, the Secretary shall specify criteria under
which multiple qualified IDR dispute items and services
are permitted to be considered jointly as part of a
single determination by an entity for purposes of
encouraging the efficiency (including minimizing costs)
of the IDR process. Such items and services may be so
considered only if--
``(i) such items and services to be included
in such determination are furnished by the same
provider or facility;
``(ii) payment for such items and services is
required to be made by the same group health plan
or health insurance issuer;
``(iii) such items and services are related to
the treatment of a similar condition; and
``(iv) <<NOTE: Time period. Determination.>>
such items and services were furnished during the
30 day period following the date on which the
first item or service included with respect to
such determination was furnished or an alternative
period as determined by the Secretary, for use in
limited situations, such as by the consent of the
parties or in the case of low-volume items and
services, to encourage procedural efficiency and
minimize health plan and provider administrative
costs.
``(B) Treatment of bundled payments.--In carrying
out subparagraph (A), the Secretary shall provide that,
in the case of items and services which are included by
a provider or facility as part of a bundled payment,
such items and services included in such bundled payment
may be part of a single determination under this
subsection.
[[Page 134 STAT. 2800]]
``(4) Certification and selection of idr entities.--
``(A) <<NOTE: Consultation.>> In general.--The
Secretary, in consultation with the Secretary of Labor
and Secretary of the Treasury, shall establish a process
to certify (including to recertify) entities under this
paragraph. Such process shall ensure that an entity so
certified--
``(i) has (directly or through contracts or
other arrangements) sufficient medical, legal, and
other expertise and sufficient staffing to make
determinations described in paragraph (5) on a
timely basis;
``(ii) is not--
``(I) a group health plan or health
insurance issuer offering group or
individual health insurance coverage,
provider, or facility;
``(II) an affiliate or a subsidiary
of such a group health plan or health
insurance issuer, provider, or facility;
or
``(III) an affiliate or subsidiary
of a professional or trade association
of such group health plans or health
insurance issuers or of providers or
facilities;
``(iii) carries out the responsibilities of
such an entity in accordance with this subsection;
``(iv) meets appropriate indicators of fiscal
integrity;
``(v) maintains the confidentiality (in
accordance with regulations promulgated by the
Secretary) of individually identifiable health
information obtained in the course of conducting
such determinations;
``(vi) does not under the IDR process carry
out any determination with respect to which the
entity would not pursuant to subclause (I), (II),
or (III) of subparagraph (F)(i) be eligible for
selection; and
``(vii) meets such other requirements as
determined appropriate by the Secretary.
``(B) Period of certification.--Subject to
subparagraph (C), each certification (including a
recertification) of an entity under the process
described in subparagraph (A) shall be for a 5-year
period.
``(C) Revocation.--A certification of an entity
under this paragraph may be revoked under the process
described in subparagraph (A) if the entity has a
pattern or practice of noncompliance with any of the
requirements described in such subparagraph.
``(D) Petition for denial or withdrawal.--The
process described in subparagraph (A) shall ensure that
an individual, provider, facility, or group health plan
or health insurance issuer offering group or individual
health insurance coverage may petition for a denial of a
certification or a revocation of a certification with
respect to an entity under this paragraph for failure of
meeting a requirement of this subsection.
``(E) Sufficient number of entities.--The process
described in subparagraph (A) shall ensure that a
sufficient number of entities are certified under this
paragraph to ensure the timely and efficient provision
of determinations described in paragraph (5).
[[Page 134 STAT. 2801]]
``(F) <<NOTE: Deadlines.>> Selection of certified
idr entity.--The Secretary shall, with respect to the
determination of the amount of payment under this
subsection of an item or service, provide for a method--
``(i) <<NOTE: Time periods.>> that allows for
the group health plan or health insurance issuer
offering group or individual health insurance
coverage and the nonparticipating provider or the
nonparticipating emergency facility (as
applicable) involved in a notification under
paragraph (1)(B) to jointly select, not later than
the last day of the 3-business day period
following the date of the initiation of the
process with respect to such item or service, for
purposes of making such determination, an entity
certified under this paragraph that--
``(I) is not a party to such
determination or an employee or agent of
such a party;
``(II) does not have a material
familial, financial, or professional
relationship with such a party; and
``(III) does not otherwise have a
conflict of interest with such a party
(as determined by the Secretary); and
``(ii) that requires, in the case such parties
do not make such selection by such last day, the
Secretary to, not later than 6 business days after
such date of initiation--
``(I) select such an entity that
satisfies subclauses (I) through (III)
of clause (i)); and
``(II) <<NOTE: Notification.>>
provide notification of such selection
to the provider or facility (as
applicable) and the plan or issuer (as
applicable) party to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in this
subsection as the `certified IDR entity' with respect to such
determination.
``(5) Payment determination.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the date of selection of the
certified IDR entity with respect to a determination for
a qualified IDR item or service, the certified IDR
entity shall--
``(i) taking into account the considerations
specified in subparagraph (C), select one of the
offers submitted under subparagraph (B) to be the
amount of payment for such item or service
determined under this subsection for purposes of
subsection (a)(1) or (b)(1), as applicable; and
``(ii) <<NOTE: Notification.>> notify the
provider or facility and the group health plan or
health insurance issuer offering group or
individual health insurance coverage party to such
determination of the offer selected under clause
(i).
``(B) <<NOTE: Deadline.>> Submission of offers.--
Not later than 10 days after the date of selection of
the certified IDR entity with respect to a determination
for a qualified IDR item or service, the provider or
facility and the group health plan or health insurance
issuer offering group or individual health insurance
coverage party to such determination--
[[Page 134 STAT. 2802]]
``(i) shall each submit to the certified IDR
entity with respect to such determination--
``(I) an offer for a payment amount
for such item or service furnished by
such provider or facility; and
``(II) such information as requested
by the certified IDR entity relating to
such offer; and
``(ii) may each submit to the certified IDR
entity with respect to such determination any
information relating to such offer submitted by
either party, including information relating to
any circumstance described in subparagraph
(C)(ii).
``(C) Considerations in determination.--
``(i) In general.--In determining which offer
is the payment to be applied pursuant to this
paragraph, the certified IDR entity, with respect
to the determination for a qualified IDR item or
service shall consider--
``(I) the qualifying payment amounts
(as defined in subsection (a)(3)(E)) for
the applicable year for items or
services that are comparable to the
qualified IDR item or service and that
are furnished in the same geographic
region (as defined by the Secretary for
purposes of such subsection) as such
qualified IDR item or service; and
``(II) subject to subparagraph (D),
information on any circumstance
described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional
information provided in subparagraph
(B)(ii).
``(ii) Additional circumstances.--For purposes
of clause (i)(II), the circumstances described in
this clause are, with respect to a qualified IDR
item or service of a nonparticipating provider,
nonparticipating emergency facility, group health
plan, or health insurance issuer of group or
individual health insurance coverage the
following:
``(I) The level of training,
experience, and quality and outcomes
measurements of the provider or facility
that furnished such item or service
(such as those endorsed by the
consensus-based entity authorized in
section 1890 of the Social Security
Act).
``(II) The market share held by the
nonparticipating provider or facility or
that of the plan or issuer in the
geographic region in which the item or
service was provided.
``(III) The acuity of the individual
receiving such item or service or the
complexity of furnishing such item or
service to such individual.
``(IV) The teaching status, case
mix, and scope of services of the
nonparticipating facility that furnished
such item or service.
``(V) Demonstrations of good faith
efforts (or lack of good faith efforts)
made by the nonparticipating provider or
nonparticipating facility or the plan or
issuer to enter into network agreements
[[Page 134 STAT. 2803]]
and, if applicable, contracted rates
between the provider or facility, as
applicable, and the plan or issuer, as
applicable, during the previous 4 plan
years.
``(D) Prohibition on consideration of certain
factors.--In determining which offer is the payment to
be applied with respect to qualified IDR items and
services furnished by a provider or facility, the
certified IDR entity with respect to a determination
shall not consider usual and customary charges, the
amount that would have been billed by such provider or
facility with respect to such items and services had the
provisions of section 2799B-1 or 2799B-2 (as applicable)
not applied, or the payment or reimbursement rate for
such items and services furnished by such provider or
facility payable by a public payor, including under the
Medicare program under title XVIII of the Social
Security Act, under the Medicaid program under title XIX
of such Act, under the Children's Health Insurance
Program under title XXI of such Act, under the TRICARE
program under chapter 55 of title 10, United States
Code, or under chapter 17 of title 38, United States
Code.
``(E) <<NOTE: Time periods.>> Effects of
determination.--
``(i) In general.--A determination of a
certified IDR entity under subparagraph (A)--
``(I) shall be binding upon the
parties involved, in the absence of a
fraudulent claim or evidence of
misrepresentation of facts presented to
the IDR entity involved regarding such
claim; and
``(II) shall not be subject to
judicial review, except in a case
described in any of paragraphs (1)
through (4) of section 10(a) of title 9,
United States Code.
``(ii) Suspension of certain subsequent idr
requests.--In the case of a determination of a
certified IDR entity under subparagraph (A), with
respect to an initial notification submitted under
paragraph (1)(B) with respect to qualified IDR
items and services and the two parties involved
with such notification, the party that submitted
such notification may not submit during the 90-day
period following such determination a subsequent
notification under such paragraph involving the
same other party to such notification with respect
to such an item or service that was the subject of
such initial notification.
``(iii) Subsequent submission of requests
permitted.--In the case of a notification that
pursuant to clause (ii) is not permitted to be
submitted under paragraph (1)(B) during a 90-day
period specified in such clause, if the end of the
open negotiation period specified in paragraph
(1)(A), that but for this clause would otherwise
apply with respect to such notification, occurs
during such 90-day period, such paragraph (1)(B)
shall be applied as if the reference in such
paragraph to the 4-day period beginning on the day
after such open negotiation period were instead a
reference
[[Page 134 STAT. 2804]]
to the 30-day period beginning on the day after
the last day of such 90-day period.
``(iv) <<NOTE: Examination. Recommenda-
tions.>> Reports.--The Secretary, jointly with
the Secretary of Labor and the Secretary of the
Treasury, shall examine the impact of the
application of clause (ii) and whether the
application of such clause delays payment
determinations or impacts early, alternative
resolution of claims (such as through open
negotiations), and shall submit to Congress, not
later than 2 years after the date of
implementation of such clause an interim report
(and not later than 4 years after such date of
implementation, a final report) on whether any
group health plans or health insurance issuers
offering group or individual health insurance
coverage or types of such plans or coverage have a
pattern or practice of routine denial, low
payment, or down-coding of claims, or otherwise
abuse the 90-day period described in such clause,
including recommendations on ways to discourage
such a pattern or practice.
``(F) Costs of independent dispute resolution
process.--In the case of a notification under paragraph
(1)(B) submitted by a nonparticipating provider,
nonparticipating emergency facility, group health plan,
or health insurance issuer offering group or individual
health insurance coverage and submitted to a certified
IDR entity--
``(i) if such entity makes a determination
with respect to such notification under
subparagraph (A), the party whose offer is not
chosen under such subparagraph shall be
responsible for paying all fees charged by such
entity; and
``(ii) if the parties reach a settlement with
respect to such notification prior to such a
determination, each party shall pay half of all
fees charged by such entity, unless the parties
otherwise agree.
``(6) <<NOTE: Deadline.>> Timing of payment.--The total
plan or coverage payment required pursuant to subsection (a)(1)
or (b)(1), with respect to a qualified IDR item or service for
which a determination is made under paragraph (5)(A) or with
respect to an item or service for which a payment amount is
determined under open negotiations under paragraph (1), shall be
made directly to the nonparticipating provider or facility not
later than 30 days after the date on which such determination is
made.
``(7) Publication of information relating to the idr
process.--
``(A) <<NOTE: Time periods. Public information. Web
posting.>> Publication of information.--For each
calendar quarter in 2022 and each calendar quarter in a
subsequent year, the Secretary shall make available on
the public website of the Department of Health and Human
Services--
``(i) the number of notifications submitted
under paragraph (1)(B) during such calendar
quarter;
``(ii) the size of the provider practices and
the size of the facilities submitting
notifications under paragraph (1)(B) during such
calendar quarter;
``(iii) the number of such notifications with
respect to which a determination was made under
paragraph (5)(A);
[[Page 134 STAT. 2805]]
``(iv) the information described in
subparagraph (B) with respect to each notification
with respect to which such a determination was so
made;
``(v) the number of times the payment amount
determined (or agreed to) under this subsection
exceeds the qualifying payment amount, specified
by items and services;
``(vi) the amount of expenditures made by the
Secretary during such calendar quarter to carry
out the IDR process;
``(vii) the total amount of fees paid under
paragraph (8) during such calendar quarter; and
``(viii) the total amount of compensation paid
to certified IDR entities under paragraph (5)(F)
during such calendar quarter.
``(B) Information.--For purposes of subparagraph
(A), the information described in this subparagraph is,
with respect to a notification under paragraph (1)(B) by
a nonparticipating provider, nonparticipating emergency
facility, group health plan, or health insurance issuer
offering group or individual health insurance coverage--
``(i) a description of each item and service
included with respect to such notification;
``(ii) the geography in which the items and
services with respect to such notification were
provided;
``(iii) the amount of the offer submitted
under paragraph (5)(B) by the group health plan or
health insurance issuer (as applicable) and by the
nonparticipating provider or nonparticipating
emergency facility (as applicable) expressed as a
percentage of the qualifying payment amount;
``(iv) whether the offer selected by the
certified IDR entity under paragraph (5) to be the
payment applied was the offer submitted by such
plan or issuer (as applicable) or by such provider
or facility (as applicable) and the amount of such
offer so selected expressed as a percentage of the
qualifying payment amount;
``(v) the category and practice specialty of
each such provider or facility involved in
furnishing such items and services;
``(vi) the identity of the health plan or
health insurance issuer, provider, or facility,
with respect to the notification;
``(vii) the length of time in making each
determination;
``(viii) the compensation paid to the
certified IDR entity with respect to the
settlement or determination; and
``(ix) any other information specified by the
Secretary.
``(C) IDR entity requirements.--For 2022 and each
subsequent year, an IDR entity, as a condition of
certification as an IDR entity, shall submit to the
Secretary such information as the Secretary determines
necessary to carry out the provisions of this
subsection.
[[Page 134 STAT. 2806]]
``(D) Clarification.--The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or
confidential information of a group health plan or
health insurance issuer offering group or individual
health insurance coverage or of a provider or facility.
``(8) Administrative fee.--
``(A) In general.--Each party to a determination
under paragraph (5) to which an entity is selected under
paragraph (3) in a year shall pay to the Secretary, at
such time and in such manner as specified by the
Secretary, a fee for participating in the IDR process
with respect to such determination in an amount
described in subparagraph (B) for such year.
``(B) <<NOTE: Estimates.>> Amount of fee.--The
amount described in this subparagraph for a year is an
amount established by the Secretary in a manner such
that the total amount of fees paid under this paragraph
for such year is estimated to be equal to the amount of
expenditures estimated to be made by the Secretary for
such year in carrying out the IDR process.
``(9) Waiver authority.--The Secretary may modify any
deadline or other timing requirement specified under this
subsection (other than the establishment date for the IDR
process under paragraph (2)(A) and other than under paragraph
(6)) in cases of extenuating circumstances, as specified by the
Secretary, or to ensure that all claims that occur during a 90-
day period described in paragraph (5)(E)(ii), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.''.
(b) ERISA.--Section 716 of the Employee Retirement Income Security
Act of 1974, as added by section 102, <<NOTE: 29 USC 1185e.>> is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Determination of Out-of-network Rates to Be Paid by Health
Plans; Independent Dispute Resolution Process.--
``(1) <<NOTE: Time periods.>> Determination through open
negotiation.--
``(A) <<NOTE: Notice.>> In general.--With respect
to an item or service furnished in a year by a
nonparticipating provider or a nonparticipating
facility, with respect to a group health plan or health
insurance issuer offering group health insurance
coverage, in a State described in subsection
(a)(3)(K)(ii) with respect to such plan or coverage and
provider or facility, and for which a payment is
required to be made by the plan or coverage pursuant to
subsection (a)(1) or (b)(1), the provider or facility
(as applicable) or plan or coverage may, during the 30-
day period beginning on the day the provider or facility
receives an initial payment or a notice of denial of
payment from the plan or coverage regarding a claim for
payment for such item or service, initiate open
negotiations under this paragraph between such provider
or facility and plan or coverage for purposes of
determining, during the open negotiation period, an
amount agreed on by such provider or facility,
respectively, and such plan or coverage for payment
[[Page 134 STAT. 2807]]
(including any cost-sharing) for such item or service.
For purposes of this subsection, the open negotiation
period, with respect to an item or service, is the 30-
day period beginning on the date of initiation of the
negotiations with respect to such item or service.
``(B) Accessing independent dispute resolution
process in case of failed negotiations.--In the case of
open negotiations pursuant to subparagraph (A), with
respect to an item or service, that do not result in a
determination of an amount of payment for such item or
service by the last day of the open negotiation period
described in such subparagraph with respect to such item
or service, the provider or facility (as applicable) or
group health plan or health insurance issuer offering
group health insurance coverage that was party to such
negotiations may, during the 4-day period beginning on
the day after such open negotiation period, initiate the
independent dispute resolution process under paragraph
(2) with respect to such item or
service. <<NOTE: Notification. Regulations. Deadline.>>
The independent dispute resolution process shall be
initiated by a party pursuant to the previous sentence
by submission to the other party and to the Secretary of
a notification (containing such information as specified
by the Secretary) and for purposes of this subsection,
the date of initiation of such process shall be the date
of such submission or such other date specified by the
Secretary pursuant to regulations that is not later than
the date of receipt of such notification by both the
other party and the Secretary.
``(2) Independent dispute resolution process available in
case of failed open negotiations.--
``(A) <<NOTE: Deadline. Regulations.>>
Establishment.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary, jointly
with the Secretary of Health and Human Services and the
Secretary of the Treasury, shall establish by regulation
one independent dispute resolution process (referred to
in this subsection as the `IDR process') under which, in
the case of an item or service with respect to which a
provider or facility (as applicable) or group health
plan or health insurance issuer offering group health
insurance coverage submits a notification under
paragraph (1)(B) (in this subsection referred to as a
`qualified IDR item or service'), a certified IDR entity
under paragraph (4) determines, subject to subparagraph
(B) and in accordance with the succeeding provisions of
this subsection, the amount of payment under the plan or
coverage for such item or service furnished by such
provider or facility.
``(B) Authority to continue negotiations.--Under the
independent dispute resolution process, in the case that
the parties to a determination for a qualified IDR item
or service agree on a payment amount for such item or
service during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under
paragraph (5), such amount shall be treated for purposes
of subsection (a)(3)(K)(ii) as the amount agreed to by
such parties for such item or service. In the case of an
agreement described in the previous sentence, the
independent dispute
[[Page 134 STAT. 2808]]
resolution process shall provide for a method to
determine how to allocate between the parties to such
determination the payment of the compensation of the
entity selected with respect to such determination.
``(C) Clarification.--A nonparticipating provider
may not, with respect to an item or service furnished by
such provider, submit a notification under paragraph
(1)(B) if such provider is exempt from the requirement
under subsection (a) of section 2799B-2 of the Public
Health Service Act with respect to such item or service
pursuant to subsection (b) of such section.
``(3) Treatment of batching of items and services.--
``(A) <<NOTE: Criteria.>> In general.--Under the
IDR process, the Secretary shall specify criteria under
which multiple qualified IDR dispute items and services
are permitted to be considered jointly as part of a
single determination by an entity for purposes of
encouraging the efficiency (including minimizing costs)
of the IDR process. Such items and services may be so
considered only if--
``(i) such items and services to be included
in such determination are furnished by the same
provider or facility;
``(ii) payment for such items and services is
required to be made by the same group health plan
or health insurance issuer;
``(iii) such items and services are related to
the treatment of a similar condition; and
``(iv) <<NOTE: Time period.>> such items and
services were furnished during the 30 day period
following the date on which the first item or
service included with respect to such
determination was furnished or an alternative
period as determined by the Secretary, for use in
limited situations, such as by the consent of the
parties or in the case of low-volume items and
services, to encourage procedural efficiency and
minimize health plan and provider administrative
costs.
``(B) Treatment of bundled payments.--In carrying
out subparagraph (A), the Secretary shall provide that,
in the case of items and services which are included by
a provider or facility as part of a bundled payment,
such items and services included in such bundled payment
may be part of a single determination under this
subsection.
``(4) Certification and selection of idr entities.--
``(A) In general.--The Secretary, jointly with the
Secretary of Health and Human Services and Secretary of
the Treasury, shall establish a process to certify
(including to recertify) entities under this paragraph.
Such process shall ensure that an entity so certified--
``(i) has (directly or through contracts or
other arrangements) sufficient medical, legal, and
other expertise and sufficient staffing to make
determinations described in paragraph (5) on a
timely basis;
``(ii) is not--
``(I) a group health plan or health
insurance issuer offering group health
insurance coverage, provider, or
facility;
[[Page 134 STAT. 2809]]
``(II) an affiliate or a subsidiary
of such a group health plan or health
insurance issuer, provider, or facility;
or
``(III) an affiliate or subsidiary
of a professional or trade association
of such group health plans or health
insurance issuers or of providers or
facilities;
``(iii) carries out the responsibilities of
such an entity in accordance with this subsection;
``(iv) meets appropriate indicators of fiscal
integrity;
``(v) maintains the confidentiality (in
accordance with regulations promulgated by the
Secretary) of individually identifiable health
information obtained in the course of conducting
such determinations;
``(vi) does not under the IDR process carry
out any determination with respect to which the
entity would not pursuant to subclause (I), (II),
or (III) of subparagraph (F)(i) be eligible for
selection; and
``(vii) meets such other requirements as
determined appropriate by the Secretary.
``(B) Period of certification.--Subject to
subparagraph (C), each certification (including a
recertification) of an entity under the process
described in subparagraph (A) shall be for a 5-year
period.
``(C) Revocation.--A certification of an entity
under this paragraph may be revoked under the process
described in subparagraph (A) if the entity has a
pattern or practice of noncompliance with any of the
requirements described in such subparagraph.
``(D) Petition for denial or withdrawal.--The
process described in subparagraph (A) shall ensure that
an individual, provider, facility, or group health plan
or health insurance issuer offering group health
insurance coverage may petition for a denial of a
certification or a revocation of a certification with
respect to an entity under this paragraph for failure of
meeting a requirement of this subsection.
``(E) Sufficient number of entities.--The process
described in subparagraph (A) shall ensure that a
sufficient number of entities are certified under this
paragraph to ensure the timely and efficient provision
of determinations described in paragraph (5).
``(F) <<NOTE: Deadlines.>> Selection of certified
idr entity.--The Secretary shall, with respect to the
determination of the amount of payment under this
subsection of an item or service, provide for a method--
``(i) that allows for the group health plan or
health insurance issuer offering group health
insurance coverage and the nonparticipating
provider or the nonparticipating emergency
facility (as applicable) involved in a
notification under paragraph (1)(B) to jointly
select, not later than the last day of the 3-
business day period following the date of the
initiation of the process with respect to such
item or service, for purposes of making such
determination, an entity certified under this
paragraph that--
[[Page 134 STAT. 2810]]
``(I) is not a party to such
determination or an employee or agent of
such a party;
``(II) does not have a material
familial, financial, or professional
relationship with such a party; and
``(III) does not otherwise have a
conflict of interest with such a party
(as determined by the Secretary); and
``(ii) that requires, in the case such parties
do not make such selection by such last day, the
Secretary to, not later than 6 business days after
such date of initiation--
``(I) select such an entity that
satisfies subclauses (I) through (III)
of clause (i)); and
``(II) <<NOTE: Notification.>>
provide notification of such selection
to the provider or facility (as
applicable) and the plan or issuer (as
applicable) party to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in this
subsection as the `certified IDR entity' with respect to such
determination.
``(5) Payment determination.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the date of selection of the
certified IDR entity with respect to a determination for
a qualified IDR item or service, the certified IDR
entity shall--
``(i) taking into account the considerations
specified in subparagraph (C), select one of the
offers submitted under subparagraph (B) to be the
amount of payment for such item or service
determined under this subsection for purposes of
subsection (a)(1) or (b)(1), as applicable; and
``(ii) <<NOTE: Notification.>> notify the
provider or facility and the group health plan or
health insurance issuer offering group health
insurance coverage party to such determination of
the offer selected under clause (i).
``(B) <<NOTE: Deadline.>> Submission of offers.--
Not later than 10 days after the date of selection of
the certified IDR entity with respect to a determination
for a qualified IDR item or service, the provider or
facility and the group health plan or health insurance
issuer offering group health insurance coverage party to
such determination--
``(i) shall each submit to the certified IDR
entity with respect to such determination--
``(I) an offer for a payment amount
for such item or service furnished by
such provider or facility; and
``(II) such information as requested
by the certified IDR entity relating to
such offer; and
``(ii) may each submit to the certified IDR
entity with respect to such determination any
information relating to such offer submitted by
either party, including information relating to
any circumstance described in subparagraph
(C)(ii).
``(C) Considerations in determination.--
[[Page 134 STAT. 2811]]
``(i) In general.--In determining which offer
is the payment to be applied pursuant to this
paragraph, the certified IDR entity, with respect
to the determination for a qualified IDR item or
service shall consider--
``(I) the qualifying payment amounts
(as defined in subsection (a)(3)(E)) for
the applicable year for items or
services that are comparable to the
qualified IDR item or service and that
are furnished in the same geographic
region (as defined by the Secretary for
purposes of such subsection) as such
qualified IDR item or service; and
``(II) subject to subparagraph (D),
information on any circumstance
described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional
information provided in subparagraph
(B)(ii).
``(ii) Additional circumstances.--For purposes
of clause (i)(II), the circumstances described in
this clause are, with respect to a qualified IDR
item or service of a nonparticipating provider,
nonparticipating emergency facility, group health
plan, or health insurance issuer of group health
insurance coverage the following:
``(I) The level of training,
experience, and quality and outcomes
measurements of the provider or facility
that furnished such item or service
(such as those endorsed by the
consensus-based entity authorized in
section 1890 of the Social Security
Act).
``(II) The market share held by the
nonparticipating provider or facility or
that of the plan or issuer in the
geographic region in which the item or
service was provided.
``(III) The acuity of the individual
receiving such item or service or the
complexity of furnishing such item or
service to such individual.
``(IV) The teaching status, case
mix, and scope of services of the
nonparticipating facility that furnished
such item or service.
``(V) Demonstrations of good faith
efforts (or lack of good faith efforts)
made by the nonparticipating provider or
nonparticipating facility or the plan or
issuer to enter into network agreements
and, if applicable, contracted rates
between the provider or facility, as
applicable, and the plan or issuer, as
applicable, during the previous 4 plan
years.
``(D) Prohibition on consideration of certain
factors.--In determining which offer is the payment to
be applied with respect to qualified IDR items and
services furnished by a provider or facility, the
certified IDR entity with respect to a determination
shall not consider usual and customary charges, the
amount that would have been billed by such provider or
facility with respect to such items and services had the
provisions of section 2799B-1 of the Public Health
Service Act or 2799B-2 of such Act (as applicable) not
applied, or the payment or
[[Page 134 STAT. 2812]]
reimbursement rate for such items and services furnished
by such provider or facility payable by a public payor,
including under the Medicare program under title XVIII
of the Social Security Act, under the Medicaid program
under title XIX of such Act, under the Children's Health
Insurance Program under title XXI of such Act, under the
TRICARE program under chapter 55 of title 10, United
States Code, or under chapter 17 of title 38, United
States Code.
``(E) <<NOTE: Time periods.>> Effects of
determination.--
``(i) In general.--A determination of a
certified IDR entity under subparagraph (A)--
``(I) shall be binding upon the
parties involved, in the absence of a
fraudulent claim or evidence of
misrepresentation of facts presented to
the IDR entity involved regarding such
claim; and
``(II) shall not be subject to
judicial review, except in a case
described in any of paragraphs (1)
through (4) of section 10(a) of title 9,
United States Code.
``(ii) Suspension of certain subsequent idr
requests.--In the case of a determination of a
certified IDR entity under subparagraph (A), with
respect to an initial notification submitted under
paragraph (1)(B) with respect to qualified IDR
items and services and the two parties involved
with such notification, the party that submitted
such notification may not submit during the 90-day
period following such determination a subsequent
notification under such paragraph involving the
same other party to such notification with respect
to such an item or service that was the subject of
such initial notification.
``(iii) Subsequent submission of requests
permitted.--In the case of a notification that
pursuant to clause (ii) is not permitted to be
submitted under paragraph (1)(B) during a 90-day
period specified in such clause, if the end of the
open negotiation period specified in paragraph
(1)(A), that but for this clause would otherwise
apply with respect to such notification, occurs
during such 90-day period, such paragraph (1)(B)
shall be applied as if the reference in such
paragraph to the 4-day period beginning on the day
after such open negotiation period were instead a
reference to the 30-day period beginning on the
day after the last day of such 90-day period.
``(iv) <<NOTE: Examination. Recommenda-
tions.>> Reports.--The Secretary, jointly with
the Secretary of Health and Human Services and the
Secretary of the Treasury, shall examine the
impact of the application of clause (ii) and
whether the application of such clause delays
payment determinations or impacts early,
alternative resolution of claims (such as through
open negotiations), and shall submit to Congress,
not later than 2 years after the date of
implementation of such clause an interim report
(and not later than 4 years after such date of
implementation, a final report) on whether any
group health plans or health insurance issuers
offering group or individual
[[Page 134 STAT. 2813]]
health insurance coverage or types of such plans
or coverage have a pattern or practice of routine
denial, low payment, or down-coding of claims, or
otherwise abuse the 90-day period described in
such clause, including recommendations on ways to
discourage such a pattern or practice.
``(F) Costs of independent dispute resolution
process.--In the case of a notification under paragraph
(1)(B) submitted by a nonparticipating provider,
nonparticipating emergency facility, group health plan,
or health insurance issuer offering group health
insurance coverage and submitted to a certified IDR
entity--
``(i) if such entity makes a determination
with respect to such notification under
subparagraph (A), the party whose offer is not
chosen under such subparagraph shall be
responsible for paying all fees charged by such
entity; and
``(ii) if the parties reach a settlement with
respect to such notification prior to such a
determination, each party shall pay half of all
fees charged by such entity, unless the parties
otherwise agree.
``(6) <<NOTE: Deadline.>> Timing of payment.--The total
plan or coverage payment required pursuant to subsection (a)(1)
or (b)(1), with respect to a qualified IDR item or service for
which a determination is made under paragraph (5)(A) or with
respect to an item or service for which a payment amount is
determined under open negotiations under paragraph (1), shall be
made directly to the nonparticipating provider or facility not
later than 30 days after the date on which such determination is
made.
``(7) Publication of information relating to the idr
process.--
``(A) <<NOTE: Time periods. Public information. Web
posting.>> Publication of information.--For each
calendar quarter in 2022 and each calendar quarter in a
subsequent year, the Secretary shall make available on
the public website of the Department of Labor--
``(i) the number of notifications submitted
under paragraph (1)(B) during such calendar
quarter;
``(ii) the size of the provider practices and
the size of the facilities submitting
notifications under paragraph (1)(B) during such
calendar quarter;
``(iii) the number of such notifications with
respect to which a determination was made under
paragraph (5)(A);
``(iv) the information described in
subparagraph (B) with respect to each notification
with respect to which such a determination was so
made;
``(v) the number of times the payment amount
determined (or agreed to) under this subsection
exceeds the qualifying payment amount, specified
by items and services;
``(vi) the amount of expenditures made by the
Secretary during such calendar quarter to carry
out the IDR process;
``(vii) the total amount of fees paid under
paragraph (8) during such calendar quarter; and
[[Page 134 STAT. 2814]]
``(viii) the total amount of compensation paid
to certified IDR entities under paragraph (5)(F)
during such calendar quarter.
``(B) Information.--For purposes of subparagraph
(A), the information described in this subparagraph is,
with respect to a notification under paragraph (1)(B) by
a nonparticipating provider, nonparticipating emergency
facility, group health plan, or health insurance issuer
offering group health insurance coverage--
``(i) a description of each item and service
included with respect to such notification;
``(ii) the geography in which the items and
services with respect to such notification were
provided;
``(iii) the amount of the offer submitted
under paragraph (5)(B) by the group health plan or
health insurance issuer (as applicable) and by the
nonparticipating provider or nonparticipating
emergency facility (as applicable) expressed as a
percentage of the qualifying payment amount;
``(iv) whether the offer selected by the
certified IDR entity under paragraph (5) to be the
payment applied was the offer submitted by such
plan or issuer (as applicable) or by such provider
or facility (as applicable) and the amount of such
offer so selected expressed as a percentage of the
qualifying payment amount;
``(v) the category and practice specialty of
each such provider or facility involved in
furnishing such items and services;
``(vi) the identity of the health plan or
health insurance issuer, provider, or facility,
with respect to the notification;
``(vii) the length of time in making each
determination;
``(viii) the compensation paid to the
certified IDR entity with respect to the
settlement or determination; and
``(ix) any other information specified by the
Secretary.
``(C) IDR entity requirements.--For 2022 and each
subsequent year, an IDR entity, as a condition of
certification as an IDR entity, shall submit to the
Secretary such information as the Secretary determines
necessary to carry out the provisions of this
subsection.
``(D) Clarification.--The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or
confidential information of a group health plan or
health insurance issuer offering group or individual
health insurance coverage or of a provider or facility.
``(8) Administrative fee.--
``(A) In general.--Each party to a determination
under paragraph (5) to which an entity is selected under
paragraph (3) in a year shall pay to the Secretary, at
such time and in such manner as specified by the
Secretary, a fee for participating in the IDR process
with respect
[[Page 134 STAT. 2815]]
to such determination in an amount described in
subparagraph (B) for such year.
``(B) <<NOTE: Estimates.>> Amount of fee.--The
amount described in this subparagraph for a year is an
amount established by the Secretary in a manner such
that the total amount of fees paid under this paragraph
for such year is estimated to be equal to the amount of
expenditures estimated to be made by the Secretary for
such year in carrying out the IDR process.
``(9) Waiver authority.--The Secretary may modify any
deadline or other timing requirement specified under this
subsection (other than the establishment date for the IDR
process under paragraph (2)(A) and other than under paragraph
(6)) in cases of extenuating circumstances, as specified by the
Secretary, or to ensure that all claims that occur during a 90-
day period described in paragraph (5)(E)(ii), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.''.
(c) IRC.--Section 9816 of the Internal Revenue Code of 1986, as
added by section 102, <<NOTE: 26 USC 9816.>> is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Determination of Out-of-network Rates to Be Paid by Health
Plans; Independent Dispute Resolution Process.--
``(1) <<NOTE: Time periods.>> Determination through open
negotiation.--
``(A) <<NOTE: Notice.>> In general.--With respect
to an item or service furnished in a year by a
nonparticipating provider or a nonparticipating
facility, with respect to a group health plan, in a
State described in subsection (a)(3)(K)(ii) with respect
to such plan and provider or facility, and for which a
payment is required to be made by the plan pursuant to
subsection (a)(1) or (b)(1), the provider or facility
(as applicable) or plan may, during the 30-day period
beginning on the day the provider or facility receives
an initial payment or a notice of denial of payment from
the plan regarding a claim for payment for such item or
service, initiate open negotiations under this paragraph
between such provider or facility and plan for purposes
of determining, during the open negotiation period, an
amount agreed on by such provider or facility,
respectively, and such plan for payment (including any
cost-sharing) for such item or service. For purposes of
this subsection, the open negotiation period, with
respect to an item or service, is the 30-day period
beginning on the date of initiation of the negotiations
with respect to such item or service.
``(B) Accessing independent dispute resolution
process in case of failed negotiations.--In the case of
open negotiations pursuant to subparagraph (A), with
respect to an item or service, that do not result in a
determination of an amount of payment for such item or
service by the last day of the open negotiation period
described in such subparagraph with respect to such item
or service, the provider or facility (as applicable) or
group health plan that was party to such negotiations
may, during the 4-day period beginning on the day after
such open
[[Page 134 STAT. 2816]]
negotiation period, initiate the independent dispute
resolution process under paragraph (2) with respect to
such item or
service. <<NOTE: Regulations. Notification. Deadline.>>
The independent dispute resolution process shall be
initiated by a party pursuant to the previous sentence
by submission to the other party and to the Secretary of
a notification (containing such information as specified
by the Secretary) and for purposes of this subsection,
the date of initiation of such process shall be the date
of such submission or such other date specified by the
Secretary pursuant to regulations that is not later than
the date of receipt of such notification by both the
other party and the Secretary.
``(2) Independent dispute resolution process available in
case of failed open negotiations.--
``(A) <<NOTE: Deadline. Regulations.>>
Establishment.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary, jointly
with the Secretary of Health and Human Services and the
Secretary of Labor, shall establish by regulation one
independent dispute resolution process (referred to in
this subsection as the `IDR process') under which, in
the case of an item or service with respect to which a
provider or facility (as applicable) or group health
plan submits a notification under paragraph (1)(B) (in
this subsection referred to as a `qualified IDR item or
service'), a certified IDR entity under paragraph (4)
determines, subject to subparagraph (B) and in
accordance with the succeeding provisions of this
subsection, the amount of payment under the plan for
such item or service furnished by such provider or
facility.
``(B) Authority to continue negotiations.--Under the
independent dispute resolution process, in the case that
the parties to a determination for a qualified IDR item
or service agree on a payment amount for such item or
service during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under
paragraph (5), such amount shall be treated for purposes
of subsection (a)(3)(K)(ii) as the amount agreed to by
such parties for such item or service. In the case of an
agreement described in the previous sentence, the
independent dispute resolution process shall provide for
a method to determine how to allocate between the
parties to such determination the payment of the
compensation of the entity selected with respect to such
determination.
``(C) Clarification.--A nonparticipating provider
may not, with respect to an item or service furnished by
such provider, submit a notification under paragraph
(1)(B) if such provider is exempt from the requirement
under subsection (a) of section 2799B-2 of the Public
Health Service Act with respect to such item or service
pursuant to subsection (b) of such section.
``(3) Treatment of batching of items and services.--
``(A) <<NOTE: Criteria.>> In general.--Under the
IDR process, the Secretary shall specify criteria under
which multiple qualified IDR dispute items and services
are permitted to be considered jointly as part of a
single determination by an entity
[[Page 134 STAT. 2817]]
for purposes of encouraging the efficiency (including
minimizing costs) of the IDR process. Such items and
services may be so considered only if--
``(i) such items and services to be included
in such determination are furnished by the same
provider or facility;
``(ii) payment for such items and services is
required to be made by the same group health plan
or health insurance issuer;
``(iii) such items and services are related to
the treatment of a similar condition; and
``(iv) <<NOTE: Time period.>> such items and
services were furnished during the 30 day period
following the date on which the first item or
service included with respect to such
determination was furnished or an alternative
period as determined by the Secretary, for use in
limited situations, such as by the consent of the
parties or in the case of low-volume items and
services, to encourage procedural efficiency and
minimize health plan and provider administrative
costs.
``(B) Treatment of bundled payments.--In carrying
out subparagraph (A), the Secretary shall provide that,
in the case of items and services which are included by
a provider or facility as part of a bundled payment,
such items and services included in such bundled payment
may be part of a single determination under this
subsection.
``(4) Certification and selection of idr entities.--
``(A) In general.--The Secretary, jointly with the
Secretary of Health and Human Services and the Secretary
of Labor, shall establish a process to certify
(including to recertify) entities under this paragraph.
Such process shall ensure that an entity so certified--
``(i) has (directly or through contracts or
other arrangements) sufficient medical, legal, and
other expertise and sufficient staffing to make
determinations described in paragraph (5) on a
timely basis;
``(ii) is not--
``(I) a group health plan, provider,
or facility;
``(II) an affiliate or a subsidiary
of such a group health plan, provider,
or facility; or
``(III) an affiliate or subsidiary
of a professional or trade association
of such group health plans or of
providers or facilities;
``(iii) carries out the responsibilities of
such an entity in accordance with this subsection;
``(iv) meets appropriate indicators of fiscal
integrity;
``(v) maintains the confidentiality (in
accordance with regulations promulgated by the
Secretary) of individually identifiable health
information obtained in the course of conducting
such determinations;
``(vi) does not under the IDR process carry
out any determination with respect to which the
entity would not pursuant to subclause (I), (II),
or (III) of subparagraph (F)(i) be eligible for
selection; and
``(vii) meets such other requirements as
determined appropriate by the Secretary.
[[Page 134 STAT. 2818]]
``(B) Period of certification.--Subject to
subparagraph (C), each certification (including a
recertification) of an entity under the process
described in subparagraph (A) shall be for a 5-year
period.
``(C) Revocation.--A certification of an entity
under this paragraph may be revoked under the process
described in subparagraph (A) if the entity has a
pattern or practice of noncompliance with any of the
requirements described in such subparagraph.
``(D) Petition for denial or withdrawal.--The
process described in subparagraph (A) shall ensure that
an individual, provider, facility, or group health plan
may petition for a denial of a certification or a
revocation of a certification with respect to an entity
under this paragraph for failure of meeting a
requirement of this subsection.
``(E) Sufficient number of entities.--The process
described in subparagraph (A) shall ensure that a
sufficient number of entities are certified under this
paragraph to ensure the timely and efficient provision
of determinations described in paragraph (5).
``(F) <<NOTE: Deadlines.>> Selection of certified
idr entity.--The Secretary shall, with respect to the
determination of the amount of payment under this
subsection of an item or service, provide for a method--
``(i) that allows for the group health plan
and the nonparticipating provider or the
nonparticipating emergency facility (as
applicable) involved in a notification under
paragraph (1)(B) to jointly select, not later than
the last day of the 3-business day period
following the date of the initiation of the
process with respect to such item or service, for
purposes of making such determination, an entity
certified under this paragraph that--
``(I) is not a party to such
determination or an employee or agent of
such a party;
``(II) does not have a material
familial, financial, or professional
relationship with such a party; and
``(III) does not otherwise have a
conflict of interest with such a party
(as determined by the Secretary); and
``(ii) that requires, in the case such parties
do not make such selection by such last day, the
Secretary to, not later than 6 business days after
such date of initiation--
``(I) select such an entity that
satisfies subclauses (I) through (III)
of clause (i)); and
``(II) <<NOTE: Notification.>>
provide notification of such selection
to the provider or facility (as
applicable) and the plan or issuer (as
applicable) party to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in this
subsection as the `certified IDR entity' with respect to such
determination.
``(5) Payment determination.--
[[Page 134 STAT. 2819]]
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the date of selection of the
certified IDR entity with respect to a determination for
a qualified IDR item or service, the certified IDR
entity shall--
``(i) taking into account the considerations
specified in subparagraph (C), select one of the
offers submitted under subparagraph (B) to be the
amount of payment for such item or service
determined under this subsection for purposes of
subsection (a)(1) or (b)(1), as applicable; and
``(ii) <<NOTE: Notification.>> notify the
provider or facility and the group health plan
party to such determination of the offer selected
under clause (i).
``(B) <<NOTE: Deadline.>> Submission of offers.--
Not later than 10 days after the date of selection of
the certifed IDR entity with respect to a determination
for a qualified IDR item or service, the provider or
facility and the group health plan party to such
determination--
``(i) shall each submit to the certified IDR
entity with respect to such determination--
``(I) an offer for a payment amount
for such item or service furnished by
such provider or facility; and
``(II) such information as requested
by the certified IDR entity relating to
such offer; and
``(ii) may each submit to the certified IDR
entity with respect to such determination any
information relating to such offer submitted by
either party, including information relating to
any circumstance described in subparagraph
(C)(ii).
``(C) Considerations in determination.--
``(i) In general.--In determining which offer
is the payment to be applied pursuant to this
paragraph, the certified IDR entity, with respect
to the determination for a qualified IDR item or
service shall consider--
``(I) the qualifying payment amounts
(as defined in subsection (a)(3)(E)) for
the applicable year for items or
services that are comparable to the
qualified IDR item or service and that
are furnished in the same geographic
region (as defined by the Secretary for
purposes of such subsection) as such
qualified IDR item or service; and
``(II) subject to subparagraph (D),
information on any circumstance
described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional
information provided in subparagraph
(B)(ii).
``(ii) Additional circumstances.--For purposes
of clause (i)(II), the circumstances described in
this clause are, with respect to a qualified IDR
item or service of a nonparticipating provider,
nonparticipating emergency facility, or group
health plan, the following:
``(I) The level of training,
experience, and quality and outcomes
measurements of the provider or facility
that furnished such item or service
(such as those endorsed by the
consensus-based
[[Page 134 STAT. 2820]]
entity authorized in section 1890 of the
Social Security Act).
``(II) The market share held by the
nonparticipating provider or facility or
that of the plan or issuer in the
geographic region in which the item or
service was provided.
``(III) The acuity of the individual
receiving such item or service or the
complexity of furnishing such item or
service to such individual.
``(IV) The teaching status, case
mix, and scope of services of the
nonparticipating facility that furnished
such item or service.
``(V) Demonstrations of good faith
efforts (or lack of good faith efforts)
made by the nonparticipating provider or
nonparticipating facility or the plan or
issuer to enter into network agreements
and, if applicable, contracted rates
between the provider or facility, as
applicable, and the plan or issuer, as
applicable, during the previous 4 plan
years.
``(D) Prohibition on consideration of certain
factors.--In determining which offer is the payment to
be applied with respect to qualified IDR items and
services furnished by a provider or facility, the
certified IDR entity with respect to a determination
shall not consider usual and customary charges, the
amount that would have been billed by such provider or
facility with respect to such items and services had the
provisions of section 2799B-1 of the Public Health
Service Act or 2799B-2 of such Act (as applicable) not
applied, or the payment or reimbursement rate for such
items and services furnished by such provider or
facility payable by a public payor, including under the
Medicare program under title XVIII of the Social
Security Act, under the Medicaid program under title XIX
of such Act, under the Children's Health Insurance
Program under title XXI of such Act, under the TRICARE
program under chapter 55 of title 10, United States
Code, or under chapter 17 of title 38, United States
Code.
``(E) <<NOTE: Time periods.>> Effects of
determination.--
``(i) In general.--A determination of a
certified IDR entity under subparagraph (A)--
``(I) shall be binding upon the
parties involved, in the absence of a
fraudulent claim or evidence of
misrepresentation of facts presented to
the IDR entity involved regarding such
claim; and
``(II) shall not be subject to
judicial review, except in a case
described in any of paragraphs (1)
through (4) of section 10(a) of title 9,
United States Code.
``(ii) Suspension of certain subsequent idr
requests.--In the case of a determination of a
certified IDR entity under subparagraph (A), with
respect to an initial notification submitted under
paragraph (1)(B) with respect to qualified IDR
items and services and the two parties involved
with such notification, the party that submitted
such notification may not submit
[[Page 134 STAT. 2821]]
during the 90-day period following such
determination a subsequent notification under such
paragraph involving the same other party to such
notification with respect to such an item or
service that was the subject of such initial
notification.
``(iii) Subsequent submission of requests
permitted.--In the case of a notification that
pursuant to clause (ii) is not permitted to be
submitted under paragraph (1)(B) during a 90-day
period specified in such clause, if the end of the
open negotiation period specified in paragraph
(1)(A), that but for this clause would otherwise
apply with respect to such notification, occurs
during such 90-day period, such paragraph (1)(B)
shall be applied as if the reference in such
paragraph to the 4-day period beginning on the day
after such open negotiation period were instead a
reference to the 30-day period beginning on the
day after the last day of such 90-day period.
``(iv) <<NOTE: Examination. Recommenda-
tions.>> Reports.--The Secretary, jointly with
the Secretary of Labor and the Secretary of the
Health and Human Services, shall examine the
impact of the application of clause (ii) and
whether the application of such clause delays
payment determinations or impacts early,
alternative resolution of claims (such as through
open negotiations), and shall submit to Congress,
not later than 2 years after the date of
implementation of such clause an interim report
(and not later than 4 years after such date of
implementation, a final report) on whether any
group health plans or health insurance issuers
offering group or individual health insurance
coverage or types of such plans or coverage have a
pattern or practice of routine denial, low
payment, or down-coding of claims, or otherwise
abuse the 90-day period described in such clause,
including recommendations on ways to discourage
such a pattern or practice.
``(F) Costs of independent dispute resolution
process.--In the case of a notification under paragraph
(1)(B) submitted by a nonparticipating provider,
nonparticipating emergency facility, or group health
plan and submitted to a certified IDR entity--
``(i) if such entity makes a determination
with respect to such notification under
subparagraph (A), the party whose offer is not
chosen under such subparagraph shall be
responsible for paying all fees charged by such
entity; and
``(ii) if the parties reach a settlement with
respect to such notification prior to such a
determination, each party shall pay half of all
fees charged by such entity, unless the parties
otherwise agree.
``(6) <<NOTE: Deadline.>> Timing of payment.--The total
plan payment required pursuant to subsection (a)(1) or (b)(1),
with respect to a qualified IDR item or service for which a
determination is made under paragraph (5)(A) or with respect to
an item or service for
[[Page 134 STAT. 2822]]
which a payment amount is determined under open negotiations
under paragraph (1), shall be made directly to the
nonparticipating provider or facility not later than 30 days
after the date on which such determination is made.
``(7) Publication of information relating to the idr
process.--
``(A) <<NOTE: Public information. Web posting.>>
Publication of information.--For each calendar quarter
in 2022 and each calendar quarter in a subsequent year,
the Secretary shall make available on the public website
of the Department of the Treasury--
``(i) the number of notifications submitted
under paragraph (1)(B) during such calendar
quarter;
``(ii) the size of the provider practices and
the size of the facilities submitting
notifications under paragraph (1)(B) during such
calendar quarter;
``(iii) the number of such notifications with
respect to which a determination was made under
paragraph (5)(A);
``(iv) the information described in
subparagraph (B) with respect to each notification
with respect to which such a determination was so
made;
``(v) the number of times the payment amount
determined (or agreed to) under this subsection
exceeds the qualifying payment amount, specified
by items and services;
``(vi) the amount of expenditures made by the
Secretary during such calendar quarter to carry
out the IDR process;
``(vii) the total amount of fees paid under
paragraph (8) during such calendar quarter; and
``(viii) the total amount of compensation paid
to certified IDR entities under paragraph (5)(F)
during such calendar quarter.
``(B) Information.--For purposes of subparagraph
(A), the information described in this subparagraph is,
with respect to a notification under paragraph (1)(B) by
a nonparticipating provider, nonparticipating emergency
facility, or group health plan--
``(i) a description of each item and service
included with respect to such notification;
``(ii) the geography in which the items and
services with respect to such notification were
provided;
``(iii) the amount of the offer submitted
under paragraph (5)(B) by the group health plan
and by the nonparticipating provider or
nonparticipating emergency facility (as
applicable) expressed as a percentage of the
qualifying payment amount;
``(iv) whether the offer selected by the
certified IDR entity under paragraph (5) to be the
payment applied was the offer submitted by such
plan or by such provider or facility (as
applicable) and the amount of such offer so
selected expressed as a percentage of the
qualifying payment amount;
``(v) the category and practice specialty of
each such provider or facility involved in
furnishing such items and services;
[[Page 134 STAT. 2823]]
``(vi) the identity of the group health plan,
provider, or facility, with respect to the
notification;
``(vii) the length of time in making each
determination;
``(viii) the compensation paid to the
certified IDR entity with respect to the
settlement or determination; and
``(ix) any other information specified by the
Secretary.
``(C) IDR entity requirements.--For 2022 and each
subsequent year, an IDR entity, as a condition of
certification as an IDR entity, shall submit to the
Secretary such information as the Secretary determines
necessary to carry out the provisions of this
subsection.
``(D) Clarification.--The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or
confidential information of a group health plan or
health insurance issuer offering group or individual
health insurance coverage or of a provider or facility.
``(8) Administrative fee.--
``(A) In general.--Each party to a determination
under paragraph (5) to which an entity is selected under
paragraph (3) in a year shall pay to the Secretary, at
such time and in such manner as specified by the
Secretary, a fee for participating in the IDR process
with respect to such determination in an amount
described in subparagraph (B) for such year.
``(B) <<NOTE: Estimates.>> Amount of fee.--The
amount described in this subparagraph for a year is an
amount established by the Secretary in a manner such
that the total amount of fees paid under this paragraph
for such year is estimated to be equal to the amount of
expenditures estimated to be made by the Secretary for
such year in carrying out the IDR process.
``(9) Waiver authority.--The Secretary may modify any
deadline or other timing requirement specified under this
subsection (other than the establishment date for the IDR
process under paragraph (2)(A) and other than under paragraph
(6)) in cases of extenuating circumstances, as specified by the
Secretary, or to ensure that all claims that occur during a 90-
day period described in paragraph (5)(E)(ii), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.''.
SEC. 104. HEALTH CARE PROVIDER REQUIREMENTS REGARDING SURPRISE
MEDICAL BILLING.
(a) In General.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended by inserting after part D, as added by
section 102, the following:
[[Page 134 STAT. 2824]]
``PART E--HEALTH CARE PROVIDER REQUIREMENTS
``SEC. 2799B-1. <<NOTE: 42 USC 300gg-131.>> BALANCE BILLING IN
CASES OF EMERGENCY SERVICES.
``(a) <<NOTE: Effective date.>> In General.--In the case of a
participant, beneficiary, or enrollee with benefits under a group health
plan or group or individual health insurance coverage offered by a
health insurance issuer and who is furnished during a plan year
beginning on or after January 1, 2022, emergency services (for which
benefits are provided under the plan or coverage) with respect to an
emergency medical condition with respect to a visit at an emergency
department of a hospital or an independent freestanding emergency
department--
``(1) in the case that the hospital or independent
freestanding emergency department is a nonparticipating
emergency facility, the emergency department of a hospital or
independent freestanding emergency department shall not bill,
and shall not hold liable, the participant, beneficiary, or
enrollee for a payment amount for such emergency services so
furnished that is more than the cost-sharing requirement for
such services (as determined in accordance with clauses (ii) and
(iii) of section 2799A-1(a)(1)(C), of section 9816(a)(1)(C) of
the Internal Revenue Code of 1986, and of section 716(a)(1)(C)
of the Employee Retirement Income Security Act of 1974, as
applicable); and
``(2) in the case that such services are furnished by a
nonparticipating provider, the health care provider shall not
bill, and shall not hold liable, such participant, beneficiary,
or enrollee for a payment amount for an emergency service
furnished to such individual by such provider with respect to
such emergency medical condition and visit for which the
individual receives emergency services at the hospital or
emergency department that is more than the cost-sharing
requirement for such services furnished by the provider (as
determined in accordance with clauses (ii) and (iii) of section
2799A-1(a)(1)(C), of section 9816(a)(1)(C) of the Internal
Revenue Code of 1986, and of section 716(a)(1)(C) of the
Employee Retirement Income Security Act of 1974, as applicable).
``(b) Definition.--In this section, the term `visit' shall have such
meaning as applied to such term for purposes of section 2799A-1(b).
``SEC. 2799B-2. <<NOTE: 42 USC 300gg-132.>> BALANCE BILLING IN
CASES OF NON-EMERGENCY SERVICES
PERFORMED BY NONPARTICIPATING
PROVIDERS AT CERTAIN PARTICIPATING
FACILITIES.
``(a) <<NOTE: Effective date.>> In General.--Subject to subsection
(b), in the case of a participant, beneficiary, or enrollee with
benefits under a group health plan or group or individual health
insurance coverage offered by a health insurance issuer and who is
furnished during a plan year beginning on or after January 1, 2022,
items or services (other than emergency services to which section 2799B-
1 applies) for which benefits are provided under the plan or coverage at
a participating health care facility by a nonparticipating provider,
such provider shall not bill, and shall not hold liable, such
participant, beneficiary, or enrollee for a payment amount for such an
item or service furnished by such provider with respect to a visit at
such facility that is more than the cost-sharing requirement
[[Page 134 STAT. 2825]]
for such item or service (as determined in accordance with subparagraphs
(A) and (B) of section 2799A-1(b)(1) of section 9816(b)(1) of the
Internal Revenue Code of 1986, and of section 716(b)(1) of the Employee
Retirement Income Security Act of 1974, as applicable).
``(b) Exception.--
``(1) In general.--Subsection (a) shall not apply with
respect to items or services (other than ancillary services
described in paragraph (2)) furnished by a nonparticipating
provider to a participant, beneficiary, or enrollee of a group
health plan or group or individual health insurance coverage
offered by a health insurance issuer, if the provider satisfies
the notice and consent criteria of subsection (d).
``(2) Ancillary services described.--For purposes of
paragraph (1), ancillary services described in this paragraph
are, with respect to a participating health care facility--
``(A) subject to paragraph (3), items and services
related to emergency medicine, anesthesiology,
pathology, radiology, and neonatology, whether or not
provided by a physician or non-physician practitioner,
and items and services provided by assistant surgeons,
hospitalists, and intensivists;
``(B) subject to paragraph (3), diagnostic services
(including radiology and laboratory services);
``(C) items and services provided by such other
specialty practitioners, as the Secretary specifies
through rulemaking; and
``(D) items and services provided by a
nonparticipating provider if there is no participating
provider who can furnish such item or service at such
facility.
``(3) <<NOTE: Regulations. List. Updates.>> Exception.--The
Secretary may, through rulemaking, establish a list (and update
such list periodically) of advanced diagnostic laboratory tests,
which shall not be included as an ancillary service described in
paragraph (2) and with respect to which subsection (a) would
apply.
``(c) Clarification.--In the case of a nonparticipating provider
that satisfies the notice and consent criteria of subsection (d) with
respect to an item or service (referred to in this subsection as a
`covered item or service'), such notice and consent criteria may not be
construed as applying with respect to any item or service that is
furnished as a result of unforeseen, urgent medical needs that arise at
the time such covered item or service is furnished. For purposes of the
previous sentence, a covered item or service shall not include an
ancillary service described in subsection (b)(2).
``(d) Notice and Consent to Be Treated by a Nonparticipating
Provider or Nonparticipating Facility.--
``(1) In general.--A nonparticipating provider or
nonparticipating facility satisfies the notice and consent
criteria of this subsection, with respect to items or services
furnished by the provider or facility to a participant,
beneficiary, or enrollee of a group health plan or group or
individual health insurance coverage offered by a health
insurance issuer, if the provider (or, if applicable, the
participating health care facility on behalf of such provider)
or nonparticipating facility--
``(A) <<NOTE: Time periods. Deadlines. Updates.>>
in the case that the participant, beneficiary, or
enrollee makes an appointment to be furnished such items
or services at least 72 hours prior to the date on which
[[Page 134 STAT. 2826]]
the individual is to be furnished such items or
services, provides to the participant, beneficiary, or
enrollee (or to an authorized representative of the
participant, beneficiary, or enrollee) not later than 72
hours prior to the date on which the individual is
furnished such items or services (or, in the case that
the participant, beneficiary, or enrollee makes such an
appointment within 72 hours of when such items or
services are to be furnished, provides to the
participant, beneficiary, or enrollee (or to an
authorized representative of the participant,
beneficiary, or enrollee) on such date the appointment
is made), a written notice in paper or electronic form,
as selected by the participant, beneficiary, or
enrollee, (and including electronic notification, as
practicable) specified by the Secretary, not later than
July 1, 2021, through guidance (which shall be updated
as determined necessary by the Secretary) that--
``(i) contains the information required under
paragraph (2);
``(ii) clearly states that consent to receive
such items and services from such nonparticipating
provider or nonparticipating facility is optional
and that the participant, beneficiary, or enrollee
may instead seek care from a participating
provider or at a participating facility, with
respect to such plan or coverage, as applicable,
in which case the cost-sharing responsibility of
the participant, beneficiary, or enrollee would
not exceed such responsibility that would apply
with respect to such an item or service that is
furnished by a participating provider or
participating facility, as applicable with respect
to such plan; and
``(iii) is available in the 15 most common
languages in the geographic region of the
applicable facility;
``(B) obtains from the participant, beneficiary, or
enrollee (or from such an authorized representative) the
consent described in paragraph (3) to be treated by a
nonparticipating provider or nonparticipating facility;
and
``(C) <<NOTE: Records.>> provides a signed copy of
such consent to the participant, beneficiary, or
enrollee through mail or email (as selected by the
participant, beneficiary, or enrollee).
``(2) Information required under written notice.--For
purposes of paragraph (1)(A)(i), the information described in
this paragraph, with respect to a nonparticipating provider or
nonparticipating facility and a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer, is each
of the following:
``(A) Notification, as applicable, that the health
care provider is a nonparticipating provider with
respect to the health plan or the health care facility
is a nonparticipating facility with respect to the
health plan.
``(B) <<NOTE: Estimate.>> Notification of the good
faith estimated amount that such provider or facility
may charge the participant, beneficiary, or enrollee for
such items and services involved, including a
notification that the provision of such estimate or
consent to be treated under paragraph (3) does not
constitute a contract with respect to the charges
estimated for such items and services.
[[Page 134 STAT. 2827]]
``(C) <<NOTE: List.>> In the case of a
participating facility and a nonparticipating provider,
a list of any participating providers at the facility
who are able to furnish such items and services involved
and notification that the participant, beneficiary, or
enrollee may be referred, at their option, to such a
participating provider.
``(D) Information about whether prior authorization
or other care management limitations may be required in
advance of receiving such items or services at the
facility.
``(3) <<NOTE: Consultation.>> Consent described to be
treated by a nonparticipating provider or nonparticipating
facility.--For purposes of paragraph (1)(B), the consent
described in this paragraph, with respect to a participant,
beneficiary, or enrollee of a group health plan or group or
individual health insurance coverage offered by a health
insurance issuer who is to be furnished items or services by a
nonparticipating provider or nonparticipating facility, is a
document specified by the Secretary, in consultation with the
Secretary of Labor, through guidance that shall be signed by the
participant, beneficiary, or enrollee before such items or
services are furnished and that --
``(A) acknowledges (in clear and understandable
language) that the participant, beneficiary, or enrollee
has been--
``(i) provided with the written notice under
paragraph (1)(A);
``(ii) informed that the payment of such
charge by the participant, beneficiary, or
enrollee may not accrue toward meeting any
limitation that the plan or coverage places on
cost-sharing, including an explanation that such
payment may not apply to an in-network deductible
applied under the plan or coverage; and
``(iii) provided the opportunity to receive
the written notice under paragraph (1)(A) in the
form selected by the participant, beneficiary or
enrollee; and
``(B) documents the date on which the participant,
beneficiary, or enrollee received the written notice
under paragraph (1)(A) and the date on which the
individual signed such consent to be furnished such
items or services by such provider or facility.
``(4) Rule of construction.--The consent described in
paragraph (3), with respect to a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer, shall
constitute only consent to the receipt of the information
provided pursuant to this subsection and shall not constitute a
contractual agreement of the participant, beneficiary, or
enrollee to any estimated charge or amount included in such
information.
``(e) <<NOTE: Records. Time period.>> Retention of Certain
Documents.--A nonparticipating facility (with respect to such facility
or any nonparticipating provider at such facility) or a participating
facility (with respect to nonparticipating providers at such facility)
that obtains from a participant, beneficiary, or enrollee of a group
health plan or group or individual health insurance coverage offered by
a health insurance issuer (or an authorized representative of such
participant,
[[Page 134 STAT. 2828]]
beneficiary, or enrollee) a written notice in accordance with subsection
(d)(1)(B), with respect to furnishing an item or service to such
participant, beneficiary, or enrollee, shall retain such notice for at
least a 7-year period after the date on which such item or service is so
furnished.
``(f) Definitions.--In this section:
``(1) The terms `nonparticipating provider' and
`participating provider' have the meanings given such terms,
respectively, in subsection (a)(3) of section 2799A-1.
``(2) The term `participating health care facility' has the
meaning given such term in subsection (b)(2) of section 2799A-1.
``(3) The term `nonparticipating facility' means--
``(A) with respect to emergency services (as defined
in section 2799A-1(a)(3)(C)(i)) and a group health plan
or group or individual health insurance coverage offered
by a health insurance issuer, an emergency department of
a hospital, or an independent freestanding emergency
department, that does not have a contractual
relationship with the plan or issuer, respectively, with
respect to the furnishing of such services under the
plan or coverage, respectively; and
``(B) with respect to services described in section
2799A-1(a)(3)(C)(ii) and a group health plan or group or
individual health insurance coverage offered by a health
insurance issuer, a hospital or an independent
freestanding emergency department, that does not have a
contractual relationship with the plan or issuer,
respectively, with respect to the furnishing of such
services under the plan or coverage, respectively.
``(4) The term `participating facility' means--
``(A) with respect to emergency services (as defined
in clause (i) of section 2799A-1(a)(3)(C)) that are not
described in clause(ii) of such section and a group
health plan or group or individual health insurance
coverage offered by a health insurance issuer, an
emergency department of a hospital, or an independent
freestanding emergency department, that has a direct or
indirect contractual relationship with the plan or
issuer, respectively, with respect to the furnishing of
such services under the plan or coverage, respectively;
and
``(B) with respect to services that pursuant to
clause (ii) of section 2799A-1(a)(3)(C), of section
9816(a)(3) of the Internal Revenue Code of 1986, and of
section 716(a)(3) of the Employee Retirement Income
Security Act of 1974, as applicable are included as
emergency services (as defined in clause (i) of such
section and a group health plan or group or individual
health insurance coverage offered by a health insurance
issuer, a hospital or an independent freestanding
emergency department, that has a contractual
relationship with the plan or coverage, respectively,
with respect to the furnishing of such services under
the plan or coverage, respectively.
[[Page 134 STAT. 2829]]
``SEC. 2799B-3. <<NOTE: 42 USC 300gg-133.>> PROVIDER REQUIREMENTS
WITH RESPECT TO DISCLOSURE ON
PATIENT PROTECTIONS AGAINST BALANCE
BILLING.
``Beginning <<NOTE: Deadline. Public information. Web
posting. Notice.>> not later than January 1, 2022, each health care
provider and health care facility shall make publicly available, and (if
applicable) post on a public website of such provider or facility and
provide to individuals who are participants, beneficiaries, or enrollees
of a group health plan or group or individual health insurance coverage
offered by a health insurance issuer a one-page notice (either postal or
electronic mail, as specified by the participant, beneficiary, or
enrollee) in clear and understandable language containing information
on--
``(1) the requirements and prohibitions of such provider or
facility under sections 2799B-1 and 2799B-2 (relating to
prohibitions on balance billing in certain circumstances);
``(2) any other applicable State law requirements on such
provider or facility regarding the amounts such provider or
facility may, with respect to an item or service, charge a
participant, beneficiary, or enrollee of a group health plan or
group or individual health insurance coverage offered by a
health insurance issuer with respect to which such provider or
facility does not have a contractual relationship for furnishing
such item or service under the plan or coverage, respectively,
after receiving payment from the plan or coverage, respectively,
for such item or service and any applicable cost-sharing payment
from such participant, beneficiary, or enrollee; and
``(3) information on contacting appropriate State and
Federal agencies in the case that an individual believes that
such provider or facility has violated any requirement described
in paragraph (1) or (2) with respect to such individual.
``SEC. 2799B-4. <<NOTE: 42 USC 300gg-134.>> ENFORCEMENT.
``(a) State Enforcement.--
``(1) <<NOTE: Requirements.>> State authority.--Each State
may require a provider or health care facility (including a
provider of air ambulance services) subject to the requirements
of this part to satisfy such requirements applicable to the
provider or facility.
``(2) <<NOTE: Determination. Applicability.>> Failure to
implement requirements.--In the case of a determination by the
Secretary that a State has failed to substantially enforce the
requirements to which paragraph (1) applies with respect to
applicable providers and facilities in the State, the Secretary
shall enforce such requirements under subsection (b) insofar as
they relate to violations of such requirements occurring in such
State.
``(3) Notification of applicable secretary.--A State may
notify the Secretary of Labor, Secretary of Health and Human
Services, or the Secretary of the Treasury, as applicable, of
instances of violations of sections 2799B-1, 2799B-2, or 2799B-5
with respect to participants, beneficiaries, or enrollees under
a group health plan or group or individual health insurance
coverage, as applicable offered by a health insurance issuer and
any enforcement actions taken against providers or facilities as
a result of such violations, including the disposition of any
such enforcement actions.
``(b) Secretarial Enforcement Authority.--
``(1) <<NOTE: Applicability. Penalties.>> In general.--If a
provider or facility is found by the Secretary to be in
violation of a requirement to which
[[Page 134 STAT. 2830]]
subsection (a)(1) applies, the Secretary may apply a civil
monetary penalty with respect to such provider or facility
(including, as applicable, a provider of air ambulance services)
in an amount not to exceed $10,000 per violation. The provisions
of subsections (c) (with the exception of the first sentence of
paragraph (1) of such subsection), (d), (e), (g), (h), (k), and
(l) of section 1128A of the Social Security Act shall apply to a
civil monetary penalty or assessment under this subsection in
the same manner as such provisions apply to a penalty,
assessment, or proceeding under subsection (a) of such section.
``(2) <<NOTE: Applicability.>> Limitation.--The provisions
of paragraph (1) shall apply to enforcement of a provision (or
provisions) specified in subsection (a)(1) only as provided
under subsection (a)(2).
``(3) <<NOTE: Regulations. Deadline.>> Complaint process.--
The Secretary shall, through rulemaking, establish a process to
receive consumer complaints of violations of such provisions and
provide a response to such complaints within 60 days of receipt
of such complaints.
``(4) <<NOTE: Waivers. Deadline. Reimbursement. Determination.>>
Exception.--The Secretary shall waive the penalties described
under paragraph (1) with respect to a facility or provider
(including a provider of air ambulance services) who does not
knowingly violate, and should not have reasonably known it
violated, section 2799B-1 or 2799B-2 (or, in the case of a
provider of air ambulance services, section 2799B-5) with
respect to a participant, beneficiary, or enrollee, if such
facility or provider, within 30 days of the violation, withdraws
the bill that was in violation of such provision and reimburses
the health plan or enrollee, as applicable, in an amount equal
to the difference between the amount billed and the amount
allowed to be billed under the provision, plus interest, at an
interest rate determined by the Secretary.
``(5) Hardship exemption.--The Secretary may establish a
hardship exemption to the penalties under this subsection.
``(c) Continued Applicability of State Law.--The sections specified
in subsection (a)(1) shall not be construed to supersede any provision
of State law which establishes, implements, or continues in effect any
requirement or prohibition except to the extent that such requirement or
prohibition prevents the application of a requirement or prohibition of
such a section.''.
(b) Secretary of Labor Enforcement.--
(1) In general.--Part 5 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131
et seq.) is amended by adding at the end the following new
section:
``SEC. 522. <<NOTE: 29 USC 1152.>> COORDINATION OF ENFORCEMENT
REGARDING VIOLATIONS OF CERTAIN HEALTH
CARE PROVIDER REQUIREMENTS; COMPLAINT
PROCESS.
``(a) <<NOTE: Notice. Determination.>> Investigating Violations.--
Upon receiving a notice from a State or the Secretary of Health and
Human Services of violations of sections 2799B-1, 2799B-2, or 2799B-5 of
the Public Health Service Act, the Secretary of Labor shall identify
patterns of such violations with respect to participants or
beneficiaries under a group health plan or group health insurance
coverage offered by a health insurance issuer and conduct an
investigation pursuant to section 504 where appropriate, as determined
by the Secretary. The Secretary shall coordinate with States and the
Secretary of Health and Human Services, in accordance with section 506
and with
[[Page 134 STAT. 2831]]
section 104 of Health Insurance Portability and Accountability Act of
1996, where appropriate, as determined by the Secretary, to ensure that
appropriate measures have been taken to correct such violations
retrospectively and prospectively with respect to participants or
beneficiaries under a group health plan or group health insurance
coverage offered by a health insurance issuer.
``(b) <<NOTE: Deadline.>> Complaint Process.-- Not later than
January 1, 2022, the Secretary shall ensure a process under which the
Secretary--
``(1) may receive complaints from participants and
beneficiaries of group health plans or group health insurance
coverage offered by a health insurance issuer relating to
alleged violations of the sections specified in subsection (a);
and
``(2) transmits such complaints to States or the Secretary
of Health and Human Services (as determined appropriate by the
Secretary) for potential enforcement actions.''.
(2) Technical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 521 the following new item:
``Sec. 522. Coordination of enforcement regarding violations of certain
health care provider requirements; complaint process.''.
SEC. 105. ENDING SURPRISE AIR AMBULANCE BILLS.
(a) Group Health Plans and Individual and Group Health Insurance
Coverage.--
(1) PHSA amendments.--Part D of title XXVII of the Public
Health Service Act, as added and amended by section 102 and
further amended by the previous provisions of this title, is
further amended by inserting after section 2799A-1 the
following:
``SEC. 2799A-2. <<NOTE: 42 USC 300gg-112.>> ENDING SURPRISE AIR
AMBULANCE BILLS.
``(a) In General.--In the case of a participant, beneficiary, or
enrollee who is in a group health plan or group or individual health
insurance coverage offered by a health insurance issuer and who receives
air ambulance services from a nonparticipating provider (as defined in
section 2799A-1(a)(3)(G)) with respect to such plan or coverage, if such
services would be covered if provided by a participating provider (as
defined in such section) with respect to such plan or coverage--
``(1) the cost-sharing requirement with respect to such
services shall be the same requirement that would apply if such
services were provided by such a participating provider, and any
coinsurance or deductible shall be based on rates that would
apply for such services if they were furnished by such a
participating provider;
``(2) <<NOTE: Applicability.>> such cost-sharing amounts
shall be counted towards the in-network deductible and in-
network out-of-pocket maximum amount under the plan or coverage
for the plan year (and such in-network deductible shall be
applied) with respect to such items and services so furnished in
the same manner as if such cost-sharing payments were with
respect to items and services furnished by a participating
provider; and
``(3) the group health plan or health insurance issuer,
respectively, shall--
``(A) <<NOTE: Deadline. Notice.>> not later than 30
calendar days after the bill for such services is
transmitted by such provider, send
[[Page 134 STAT. 2832]]
to the provider, an initial payment or notice of denial
of payment; and
``(B) pay a total plan or coverage payment, in
accordance with, if applicable, subsection (b)(6),
directly to such provider furnishing such services to
such participant, beneficiary, or enrollee that is, with
application of any initial payment under subparagraph
(A), equal to the amount by which the out-of-network
rate (as defined in section 2799A-1(a)(3)(K)) for such
services and year involved exceeds the cost-sharing
amount imposed under the plan or coverage, respectively,
for such services (as determined in accordance with
paragraphs (1) and (2)).
``(b) Determination of Out-of-network Rates to Be Paid by Health
Plans; Independent Dispute Resolution Process.--
``(1) <<NOTE: Time periods. Effective dates.>>
Determination through open negotiation.--
``(A) In general.--With respect to air ambulance
services furnished in a year by a nonparticipating
provider, with respect to a group health plan or health
insurance issuer offering group or individual health
insurance coverage, and for which a payment is required
to be made by the plan or coverage pursuant to
subsection (a)(3), the provider or plan or coverage may,
during the 30-day period beginning on the day the
provider receives an initial payment or a notice of
denial of payment from the plan or coverage regarding a
claim for payment for such service, initiate open
negotiations under this paragraph between such provider
and plan or coverage for purposes of determining, during
the open negotiation period, an amount agreed on by such
provider, and such plan or coverage for payment
(including any cost-sharing) for such service. For
purposes of this subsection, the open negotiation
period, with respect to air ambulance services, is the
30-day period beginning on the date of initiation of the
negotiations with respect to such services.
``(B) Accessing independent dispute resolution
process in case of failed negotiations.--In the case of
open negotiations pursuant to subparagraph (A), with
respect to air ambulance services, that do not result in
a determination of an amount of payment for such
services by the last day of the open negotiation period
described in such subparagraph with respect to such
services, the provider or group health plan or health
insurance issuer offering group or individual health
insurance coverage that was party to such negotiations
may, during the 4-day period beginning on the day after
such open negotiation period, initiate the independent
dispute resolution process under paragraph (2) with
respect to such item or
service. <<NOTE: Notification.>> The independent
dispute resolution process shall be initiated by a party
pursuant to the previous sentence by submission to the
other party and to the Secretary of a notification
(containing such information as specified by the
Secretary) and for purposes of this subsection, the date
of initiation of such process shall be the date of such
submission or such other date specified by the Secretary
pursuant to regulations that is not later than the date
of receipt of such notification by both the other party
and the Secretary.
[[Page 134 STAT. 2833]]
``(2) Independent dispute resolution process available in
case of failed open negotiations.--
``(A) <<NOTE: Deadline. Regulations.>>
Establishment.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary, jointly
with the Secretary of Labor and the Secretary of the
Treasury, shall establish by regulation one independent
dispute resolution process (referred to in this
subsection as the `IDR process') under which, in the
case of air ambulance services with respect to which a
provider or group health plan or health insurance issuer
offering group or individual health insurance coverage
submits a notification under paragraph (1)(B) (in this
subsection referred to as a `qualified IDR air ambulance
services'), a certified IDR entity under paragraph (4)
determines, subject to subparagraph (B) and in
accordance with the succeeding provisions of this
subsection, the amount of payment under the plan or
coverage for such services furnished by such provider.
``(B) Authority to continue negotiations.--Under the
independent dispute resolution process, in the case that
the parties to a determination for qualified IDR air
ambulance services agree on a payment amount for such
services during such process but before the date on
which the entity selected with respect to such
determination under paragraph (4) makes such
determination under paragraph (5), such amount shall be
treated for purposes of section 2799A-1(a)(3)(K)(ii) as
the amount agreed to by such parties for such
services. <<NOTE: Determination.>> In the case of an
agreement described in the previous sentence, the
independent dispute resolution process shall provide for
a method to determine how to allocate between the
parties to such determination the payment of the
compensation of the entity selected with respect to such
determination.
``(C) Clarification.--A nonparticipating provider
may not, with respect to an item or service furnished by
such provider, submit a notification under paragraph
(1)(B) if such provider is exempt from the requirement
under subsection (a) of section 2799B-2 with respect to
such item or service pursuant to subsection (b) of such
section.
``(3) <<NOTE: Applicability.>> Treatment of batching of
services.--The provisions of section 2799A-1(c)(3) shall apply
with respect to a notification submitted under this subsection
with respect to air ambulance services in the same manner and to
the same extent such provisions apply with respect to a
notification submitted under section 2799A-1(c) with respect to
items and services described in such section.
``(4) Idr entities.--
``(A) Eligibility.--An IDR entity certified under
this subsection is an IDR entity certified under section
2799A-1(c)(4).
``(B) <<NOTE: Applicability.>> Selection of
certified idr entity.--The provisions of subparagraph
(F) of section 2799A-1(c)(4) shall apply with respect to
selecting an IDR entity certified pursuant to
subparagraph (A) with respect to the determination of
the amount of payment under this subsection of air
ambulance services in the same manner as such provisions
apply with respect to selecting an IDR entity
[[Page 134 STAT. 2834]]
certified under such section with respect to the
determination of the amount of payment under section
2799A-1(c) of an item or service. An entity selected
pursuant to the previous sentence to make a
determination described in such sentence shall be
referred to in this subsection as the `certified IDR
entity' with respect to such determination.
``(5) Payment determination.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the date of selection of the
certified IDR entity with respect to a determination for
qualified IDR ambulance services, the certified IDR
entity shall--
``(i) taking into account the considerations
specified in subparagraph (C), select one of the
offers submitted under subparagraph (B) to be the
amount of payment for such services determined
under this subsection for purposes of subsection
(a)(3); and
``(ii) <<NOTE: Notification.>> notify the
provider or facility and the group health plan or
health insurance issuer offering group or
individual health insurance coverage party to such
determination of the offer selected under clause
(i).
``(B) <<NOTE: Deadline.>> Submission of offers.--
Not later than 10 days after the date of selection of
the certified IDR entity with respect to a determination
for qualified IDR air ambulance services, the provider
and the group health plan or health insurance issuer
offering group or individual health insurance coverage
party to such determination--
``(i) shall each submit to the certified IDR
entity with respect to such determination--
``(I) an offer for a payment amount
for such services furnished by such
provider; and
``(II) such information as requested
by the certified IDR entity relating to
such offer; and
``(ii) may each submit to the certified IDR
entity with respect to such determination any
information relating to such offer submitted by
either party, including information relating to
any circumstance described in subparagraph
(C)(ii).
``(C) Considerations in determination.--
``(i) In general.--In determining which offer
is the payment to be applied pursuant to this
paragraph, the certified IDR entity, with respect
to the determination for a qualified IDR air
ambulance service shall consider--
``(I) the qualifying payment amounts
(as defined in section 2799A-1(a)(3)(E))
for the applicable year for items or
services that are comparable to the
qualified IDR air ambulance service and
that are furnished in the same
geographic region (as defined by the
Secretary for purposes of such
subsection) as such qualified IDR air
ambulance service; and
``(II) subject to clause (iii),
information on any circumstance
described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional
information provided in subparagraph
(B)(ii).
[[Page 134 STAT. 2835]]
``(ii) Additional circumstances.--For purposes
of clause (i)(II), the circumstances described in
this clause are, with respect to air ambulance
services included in the notification submitted
under paragraph (1)(B) of a nonparticipating
provider, group health plan, or health insurance
issuer the following:
``(I) The quality and outcomes
measurements of the provider that
furnished such services.
``(II) The acuity of the individual
receiving such services or the
complexity of furnishing such services
to such individual.
``(III) The training, experience,
and quality of the medical personnel
that furnished such services.
``(IV) Ambulance vehicle type,
including the clinical capability level
of such vehicle.
``(V) Population density of the pick
up location (such as urban, suburban,
rural, or frontier).
``(VI) Demonstrations of good faith
efforts (or lack of good faith efforts)
made by the nonparticipating provider or
nonparticipating facility or the plan or
issuer to enter into network agreements
and, if applicable, contracted rates
between the provider and the plan or
issuer, as applicable, during the
previous 4 plan years.
``(iii) Prohibition on consideration of
certain factors.--In determining which offer is
the payment amount to be applied with respect to
qualified IDR air ambulance services furnished by
a provider, the certified IDR entity with respect
to such determination shall not consider usual and
customary charges, the amount that would have been
billed by such provider with respect to such
services had the provisions of section 2799B-5 not
applied, or the payment or reimbursement rate for
such services furnished by such provider payable
by a public payor, including under the Medicare
program under title XVIII of the Social Security
Act, under the Medicaid program under title XIX of
such Act, under the Children's Health Insurance
Program under title XXI of such Act, under the
TRICARE program under chapter 55 of title 10,
United States Code, or under chapter 17 of title
38, United States Code.
``(D) <<NOTE: Applicability.>> Effects of
determination.--The provisions of section 2799A-
1(c)(5)(E)) shall apply with respect to a determination
of a certified IDR entity under subparagraph (A), the
notification submitted with respect to such
determination, the services with respect to such
notification, and the parties to such notification in
the same manner as such provisions apply with respect to
a determination of a certified IDR entity under section
2799A-1(c)(5)(E), the notification submitted with
respect to such determination, the items and services
with respect to such notification, and the parties to
such notification.
``(E) <<NOTE: Applicability.>> Costs of independent
dispute resolution process.--The provisions of section
2799A-1(c)(5)(F) shall apply to a notification made
under this subsection, the parties to such notification,
and a determination under
[[Page 134 STAT. 2836]]
subparagraph (A) in the same manner and to the same
extent such provisions apply to a notification under
section 2799A-1(c), the parties to such notification and
a determination made under section 2799A-1(c)(5)(A).
``(6) <<NOTE: Deadline.>> Timing of payment.--The total
plan or coverage payment required pursuant to subsection (a)(3),
with respect to qualified IDR air ambulance services for which a
determination is made under paragraph (5)(A) or with respect to
an air ambulance service for which a payment amount is
determined under open negotiations under paragraph (1), shall be
made directly to the nonparticipating provider not later than 30
days after the date on which such determination is made.
``(7) Publication of information relating to the idr
process.--
``(A) <<NOTE: Public information. Web posting.>> In
general.--For each calendar quarter in 2022 and each
calendar quarter in a subsequent year, the Secretary
shall publish on the public website of the Department of
Health and Human Services--
``(i) the number of notifications submitted
under the IDR process during such calendar
quarter;
``(ii) the number of such notifications with
respect to which a final determination was made
under paragraph (5)(A);
``(iii) the information described in
subparagraph (B) with respect to each notification
with respect to which such a determination was so
made.
``(iv) the number of times the payment amount
determined (or agreed to) under this subsection
exceeds the qualifying payment amount;
``(v) the amount of expenditures made by the
Secretary during such calendar quarter to carry
out the IDR process;
``(vi) the total amount of fees paid under
paragraph (8) during such calendar quarter; and
``(vii) the total amount of compensation paid
to certified IDR entities under paragraph
(5)(E)during such calendar quarter.
``(B) Information with respect to requests.--For
purposes of subparagraph (A), the information described
in this subparagraph is, with respect to a notification
under the IDR process of a nonparticipating provider,
group health plan, or health insurance issuer offering
group or individual health insurance coverage--
``(i) a description of each air ambulance
service included in such notification;
``(ii) the geography in which the services
included in such notification were provided;
``(iii) the amount of the offer submitted
under paragraph (2) by the group health plan or
health insurance issuer (as applicable) and by the
nonparticipating provider expressed as a
percentage of the qualifying payment amount;
``(iv) whether the offer selected by the
certified IDR entity under paragraph (5) to be the
payment applied was the offer submitted by such
plan or issuer (as applicable) or by such provider
and the amount
[[Page 134 STAT. 2837]]
of such offer so selected expressed as a
percentage of the qualifying payment amount;
``(v) ambulance vehicle type, including the
clinical capability level of such vehicle;
``(vi) the identity of the group health plan
or health insurance issuer or air ambulance
provider with respect to such notification;
``(vii) the length of time in making each
determination;
``(viii) the compensation paid to the
certified IDR entity with respect to the
settlement or determination; and
``(ix) any other information specified by the
Secretary.
``(C) IDR entity requirements.--For 2022 and each
subsequent year, an IDR entity, as a condition of
certification as an IDR entity, shall submit to the
Secretary such information as the Secretary determines
necessary for the Secretary to carry out the provisions
of this paragraph.
``(D) <<NOTE: Confidential information.>>
Clarification.--The Secretary shall ensure the public
reporting under this paragraph does not contain
information that would disclose privileged or
confidential information of a group health plan or
health insurance issuer offering group or individual
health insurance coverage or of a provider or facility.
``(8) Administrative fee.--
``(A) In general.--Each party to a determination
under paragraph (5) to which an entity is selected under
paragraph (4) in a year shall pay to the Secretary, at
such time and in such manner as specified by the
Secretary, a fee for participating in the IDR process
with respect to such determination in an amount
described in subparagraph (B) for such year.
``(B) <<NOTE: Estimates.>> Amount of fee.--The
amount described in this subparagraph for a year is an
amount established by the Secretary in a manner such
that the total amount of fees paid under this paragraph
for such year is estimated to be equal to the amount of
expenditures estimated to be made by the Secretary for
such year in carrying out the IDR process.
``(9) <<NOTE: Time period.>> Waiver authority.--The
Secretary may modify any deadline or other timing requirement
specified under this subsection (other than the establishment
date for the IDR process under paragraph (2)(A) and other than
under paragraph (6)) in cases of extenuating circumstances, as
specified by the Secretary, or to ensure that all claims that
occur during a 90-day period applied through paragraph (5)(D),
but with respect to which a notification is not permitted by
reason of such paragraph to be submitted under paragraph (1)(B)
during such period, are eligible for the IDR process.
``(c) Definitions.--For purposes of this section:
``(1) Air ambulance service.--The term `air ambulance
service' means medical transport by helicopter or airplane for
patients.
[[Page 134 STAT. 2838]]
``(2) Qualifying payment amount.--The term `qualifying
payment amount' has the meaning given such term in section
2799A-1(a)(3).
``(3) Nonparticipating provider.--The term `nonparticipating
provider' has the meaning given such term in section 2799A-
1(a)(3).''.
(2) ERISA amendment.--
(A) In general.--Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.), as amended by section 102(b) and
further amended by the previous provisions of this
title, is further amended by inserting after section 716
the following:
``SEC. 717. <<NOTE: 29 USC 1185f.>> ENDING SURPRISE AIR AMBULANCE
BILLS.
``(a) In General.--In the case of a participant or beneficiary who
is in a group health plan or group health insurance coverage offered by
a health insurance issuer and who receives air ambulance services from a
nonparticipating provider (as defined in section 716(a)(3)(G)) with
respect to such plan or coverage, if such services would be covered if
provided by a participating provider (as defined in such section) with
respect to such plan or coverage--
``(1) the cost-sharing requirement with respect to such
services shall be the same requirement that would apply if such
services were provided by such a participating provider, and any
coinsurance or deductible shall be based on rates that would
apply for such services if they were furnished by such a
participating provider;
``(2) <<NOTE: Applicability.>> such cost-sharing amounts
shall be counted towards the in-network deductible and in-
network out-of-pocket maximum amount under the plan or coverage
for the plan year (and such in-network deductible shall be
applied) with respect to such items and services so furnished in
the same manner as if such cost-sharing payments were with
respect to items and services furnished by a participating
provider; and
``(3) the group health plan or health insurance issuer,
respectively, shall--
``(A) <<NOTE: Deadline. Notice.>> not later than 30
calendar days after the bill for such services is
transmitted by such provider, send to the provider, an
initial payment or notice of denial of payment; and
``(B) pay a total plan or coverage payment, in
accordance with, if applicable, subsection (b)(6),
directly to such provider furnishing such services to
such participant, beneficiary, or enrollee that is, with
application of any initial payment under subparagraph
(A), equal to the amount by which the out-of-network
rate (as defined in section 716(a)(3)(K)) for such
services and year involved exceeds the cost-sharing
amount imposed under the plan or coverage, respectively,
for such services (as determined in accordance with
paragraphs (1) and (2)).
``(b) Determination of Out-of-network Rates to Be Paid by Health
Plans; Independent Dispute Resolution Process.--
``(1) <<NOTE: Time periods.>> Determination through open
negotiation.--
``(A) In general.--With respect to air ambulance
services furnished in a year by a nonparticipating
provider, with respect to a group health plan or health
insurance
[[Page 134 STAT. 2839]]
issuer offering group health insurance coverage, and for
which a payment is required to be made by the plan or
coverage pursuant to subsection (a)(3), the provider or
plan or coverage may, during the 30-day period beginning
on the day the provider receives a payment or a
statement of denial of payment from the plan or coverage
regarding a claim for payment for such service, initiate
open negotiations under this paragraph between such
provider and plan or coverage for purposes of
determining, during the open negotiation period, an
amount agreed on by such provider, and such plan or
coverage for payment (including any cost-sharing) for
such service. For purposes of this subsection, the open
negotiation period, with respect to air ambulance
services, is the 30-day period beginning on the date of
initiation of the negotiations with respect to such
services.
``(B) Accessing independent dispute resolution
process in case of failed negotiations.--In the case of
open negotiations pursuant to subparagraph (A), with
respect to air ambulance services, that do not result in
a determination of an amount of payment for such
services by the last day of the open negotiation period
described in such subparagraph with respect to such
services, the provider or group health plan or health
insurance issuer offering group health insurance
coverage that was party to such negotiations may, during
the 4-day period beginning on the day after such open
negotiation period, initiate the independent dispute
resolution process under paragraph (2) with respect to
such item or service. <<NOTE: Notification.>> The
independent dispute resolution process shall be
initiated by a party pursuant to the previous sentence
by submission to the other party and to the Secretary of
a notification (containing such information as specified
by the Secretary) and for purposes of this subsection,
the date of initiation of such process shall be the date
of such submission or such other date specified by the
Secretary pursuant to regulations that is not later than
the date of receipt of such notification by both the
other party and the Secretary.
``(2) Independent dispute resolution process available in
case of failed open negotiations.--
``(A) <<NOTE: Deadline. Regulations.>>
Establishment.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary, jointly
with the Secretary of Health and Human Services and the
Secretary of the Treasury, shall establish by regulation
one independent dispute resolution process (referred to
in this subsection as the `IDR process') under which, in
the case of air ambulance services with respect to which
a provider or group health plan or health insurance
issuer offering group health insurance coverage submits
a notification under paragraph (1)(B) (in this
subsection referred to as a `qualified IDR air ambulance
services'), a certified IDR entity under paragraph (4)
determines, subject to subparagraph (B) and in
accordance with the succeeding provisions of this
subsection, the amount of payment under the plan or
coverage for such services furnished by such provider.
[[Page 134 STAT. 2840]]
``(B) Authority to continue negotiations.--Under the
independent dispute resolution process, in the case that
the parties to a determination for qualified IDR air
ambulance services agree on a payment amount for such
services during such process but before the date on
which the entity selected with respect to such
determination under paragraph (4) makes such
determination under paragraph (5), such amount shall be
treated for purposes of section 716(a)(3)(K)(ii) as the
amount agreed to by such parties for such services. In
the case of an agreement described in the previous
sentence, the independent dispute resolution process
shall provide for a method to determine how to allocate
between the parties to such determination the payment of
the compensation of the entity selected with respect to
such determination.
``(C) Clarification.--A nonparticipating provider
may not, with respect to an item or service furnished by
such provider, submit a notification under paragraph
(1)(B) if such provider is exempt from the requirement
under subsection (a) of section 2799B-2 of the Public
Health Service Act with respect to such item or service
pursuant to subsection (b) of such section.
``(3) <<NOTE: Applicability.>> Treatment of batching of
services.--The provisions of section 716(c)(3) shall apply with
respect to a notification submitted under this subsection with
respect to air ambulance services in the same manner and to the
same extent such provisions apply with respect to a notification
submitted under section 716(c) with respect to items and
services described in such section.
``(4) Idr entities.--
``(A) Eligibility.--An IDR entity certified under
this subsection is an IDR entity certified under section
716(c)(4).
``(B) <<NOTE: Applicability.>> Selection of
certified idr entity.--The provisions of subparagraph
(F) of section 716(c)(4) shall apply with respect to
selecting an IDR entity certified pursuant to
subparagraph (A) with respect to the determination of
the amount of payment under this subsection of air
ambulance services in the same manner as such provisions
apply with respect to selecting an IDR entity certified
under such section with respect to the determination of
the amount of payment under section 716(c) of an item or
service. An entity selected pursuant to the previous
sentence to make a determination described in such
sentence shall be referred to in this subsection as the
`certified IDR entity' with respect to such
determination.
``(5) Payment determination.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the date of selection of the
certified IDR entity with respect to a determination for
qualified IDR ambulance services, the certified IDR
entity shall--
``(i) taking into account the considerations
specified in subparagraph (C), select one of the
offers submitted under subparagraph (B) to be the
amount of payment for such services determined
under this subsection for purposes of subsection
(a)(3); and
``(ii) <<NOTE: Notification.>> notify the
provider or facility and the group health plan or
health insurance issuer offering group
[[Page 134 STAT. 2841]]
health insurance coverage party to such
determination of the offer selected under clause
(i).
``(B) <<NOTE: Deadline.>> Submission of offers.--
Not later than 10 days after the date of selection of
the certified IDR entity with respect to a determination
for qualified IDR air ambulance services, the provider
and the group health plan or health insurance issuer
offering group health insurance coverage party to such
determination--
``(i) shall each submit to the certified IDR
entity with respect to such determination--
``(I) an offer for a payment amount
for such services furnished by such
provider; and
``(II) such information as requested
by the certified IDR entity relating to
such offer; and
``(ii) may each submit to the certified IDR
entity with respect to such determination any
information relating to such offer submitted by
either party, including information relating to
any circumstance described in subparagraph
(C)(ii).
``(C) Considerations in determination.--
``(i) In general.--In determining which offer
is the payment to be applied pursuant to this
paragraph, the certified IDR entity, with respect
to the determination for a qualified IDR air
ambulance service shall consider--
``(I) the qualifying payment amounts
(as defined in section 716(a)(3)(E)) for
the applicable year for items and
services that are comparable to the
qualified IDR air ambulance service and
that are furnished in the same
geographic region (as defined by the
Secretary for purposes of such
subsection) as such qualified IDR air
ambulance service; and
``(II) subject to clause (iii),
information on any circumstance
described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional
information provided in subparagraph
(B)(ii).
``(ii) Additional circumstances.--For purposes
of clause (i)(II), the circumstances described in
this clause are, with respect to air ambulance
services included in the notification submitted
under paragraph (1)(B) of a nonparticipating
provider, group health plan, or health insurance
issuer the following:
``(I) The quality and outcomes
measurements of the provider that
furnished such services.
``(II) The acuity of the individual
receiving such services or the
complexity of furnishing such services
to such individual.
``(III) The training, experience,
and quality of the medical personnel
that furnished such services.
``(IV) Ambulance vehicle type,
including the clinical capability level
of such vehicle.
``(V) Population density of the pick
up location (such as urban, suburban,
rural, or frontier).
[[Page 134 STAT. 2842]]
``(VI) Demonstrations of good faith
efforts (or lack of good faith efforts)
made by the nonparticipating provider or
nonparticipating facility or the plan or
issuer to enter into network agreements
and, if applicable, contracted rates
between the provider and the plan or
issuer, as applicable, during the
previous 4 plan years.
``(iii) Prohibition on consideration of
certain factors.--In determining which offer is
the payment amount to be applied with respect to
qualified IDR air ambulance services furnished by
a provider, the certified IDR entity with respect
to such determination shall not consider usual and
customary charges, the amount that would have been
billed by such provider with respect to such
services had the provisions of section 2799B-5 of
the Public Health Service Act not applied, or the
payment or reimbursement rate for such services
furnished by such provider payable by a public
payor, including under the Medicare program under
title XVIII of the Social Security Act, under the
Medicaid program under title XIX of such Act,
under the Children's Health Insurance Program
under title XXI of such Act, under the TRICARE
program under chapter 55 of title 10, United
States Code, or under chapter 17 of title 38,
United States Code.
``(D) <<NOTE: Applicability.>> Effects of
determination.--The provisions of section 716(c)(5)(E))
shall apply with respect to a determination of a
certified IDR entity under subparagraph (A), the
notification submitted with respect to such
determination, the services with respect to such
notification, and the parties to such notification in
the same manner as such provisions apply with respect to
a determination of a certified IDR entity under section
716(c)(5)(E), the notification submitted with respect to
such determination, the items and services with respect
to such notification, and the parties to such
notification.
``(E) <<NOTE: Applicability.>> Costs of independent
dispute resolution process.--The provisions of section
716(c)(5)(F) shall apply to a notification made under
this subsection, the parties to such notification, and a
determination under subparagraph (A) in the same manner
and to the same extent such provisions apply to a
notification under section 716(c), the parties to such
notification and a determination made under section
716(c)(5)(A).
``(6) <<NOTE: Deadline.>> Timing of payment.--The total
plan or coverage payment required pursuant to subsection (a)(3),
with respect to qualified IDR air ambulance services for which a
determination is made under paragraph (5)(A) or with respect to
air ambulance services for which a payment amount is determined
under open negotiations under paragraph (1), shall be made
directly to the nonparticipating provider not later than 30 days
after the date on which such determination is made.
``(7) Publication of information relating to the idr
process.--
[[Page 134 STAT. 2843]]
``(A) <<NOTE: Time period. Public information. Web
posting.>> In general.--For each calendar quarter in
2022 and each calendar quarter in a subsequent year, the
Secretary shall publish on the public website of the
Department of Labor--
``(i) the number of notifications submitted
under the IDR process during such calendar
quarter;
``(ii) the number of such notifications with
respect to which a final determination was made
under paragraph (5)(A);
``(iii) the information described in
subparagraph (B) with respect to each notification
with respect to which such a determination was so
made.
``(iv) the number of times the payment amount
determined (or agreed to) under this subsection
exceeds the qualifying payment amount;
``(v) the amount of expenditures made by the
Secretary during such calendar quarter to carry
out the IDR process;
``(vi) the total amount of fees paid under
paragraph (8) during such calendar quarter; and
``(vii) the total amount of compensation paid
to certified IDR entities under paragraph
(5)(E)during such calendar quarter.
``(B) Information with respect to requests.--For
purposes of subparagraph (A), the information described
in this subparagraph is, with respect to a notification
under the IDR process of a nonparticipating provider,
group health plan, or health insurance issuer offering
group health insurance coverage--
``(i) a description of each air ambulance
service included in such notification;
``(ii) the geography in which the services
included in such notification were provided;
``(iii) the amount of the offer submitted
under paragraph (2) by the group health plan or
health insurance issuer (as applicable) and by the
nonparticipating provider expressed as a
percentage of the qualifying payment amount;
``(iv) whether the offer selected by the
certified IDR entity under paragraph (5) to be the
payment applied was the offer submitted by such
plan or issuer (as applicable) or by such provider
and the amount of such offer so selected expressed
as a percentage of the qualifying payment amount;
``(v) ambulance vehicle type, including the
clinical capability level of such vehicle;
``(vi) the identity of the group health plan
or health insurance issuer or air ambulance
provider with respect to such notification;
``(vii) the length of time in making each
determination;
``(viii) the compensation paid to the
certified IDR entity with respect to the
settlement or determination; and
``(ix) any other information specified by the
Secretary.
[[Page 134 STAT. 2844]]
``(C) <<NOTE: Time periods. Determination.>> IDR
entity requirements.--For 2022 and each subsequent year,
an IDR entity, as a condition of certification as an IDR
entity, shall submit to the Secretary such information
as the Secretary determines necessary for the Secretary
to carry out the provisions of this paragraph.
``(D) <<NOTE: Confidential information.>>
Clarification.--The Secretary shall ensure the public
reporting under this paragraph does not contain
information that would disclose privileged or
confidential information of a group health plan or
health insurance issuer offering group or individual
health insurance coverage or of a provider or facility.
``(8) Administrative fee.--
``(A) In general.--Each party to a determination
under paragraph (5) to which an entity is selected under
paragraph (4) in a year shall pay to the Secretary, at
such time and in such manner as specified by the
Secretary, a fee for participating in the IDR process
with respect to such determination in an amount
described in subparagraph (B) for such year.
``(B) <<NOTE: Estimates.>> Amount of fee.--The
amount described in this subparagraph for a year is an
amount established by the Secretary in a manner such
that the total amount of fees paid under this paragraph
for such year is estimated to be equal to the amount of
expenditures estimated to be made by the Secretary for
such year in carrying out the IDR process.
``(9) <<NOTE: Time period.>> Waiver authority.--The
Secretary may modify any deadline or other timing requirement
specified under this subsection (other than the establishment
date for the IDR process under paragraph (2)(A) and other than
under paragraph (6)) in cases of extenuating circumstances, as
specified by the Secretary, or to ensure that all claims that
occur during a 90-day period applied through paragraph (5)(D),
but with respect to which a notification is not permitted by
reason of such paragraph to be submitted under paragraph (1)(B)
during such period, are eligible for the IDR process.
``(c) Definition.--For purposes of this section:
``(1) Air ambulance services.--The term `air ambulance
service' means medical transport by helicopter or airplane for
patients.
``(2) Qualifying payment amount.--The term `qualifying
payment amount' has the meaning given such term in section
716(a)(3).
``(3) Nonparticipating provider.--The term `nonparticipating
provider' has the meaning given such term in section
716(a)(3).''.
(3) IRC amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by section
102(c) and further amended by the previous provisions of
this title, is further amended by inserting after
section 9816 the following:
``SEC. 9817. <<NOTE: 26 USC 9817.>> ENDING SURPRISE AIR AMBULANCE
BILLS.
``(a) In General.--In the case of a participant or beneficiary in a
group health plan who receives air ambulance services from
[[Page 134 STAT. 2845]]
a nonparticipating provider (as defined in section 9816(a)(3)(G)) with
respect to such plan, if such services would be covered if provided by a
participating provider (as defined in such section) with respect to such
plan--
``(1) the cost-sharing requirement with respect to such
services shall be the same requirement that would apply if such
services were provided by such a participating provider, and any
coinsurance or deductible shall be based on rates that would
apply for such services if they were furnished by such a
participating provider;
``(2) <<NOTE: Applicability.>> such cost-sharing amounts
shall be counted towards the in-network deductible and in-
network out-of-pocket maximum amount under the plan for the plan
year (and such in-network deductible shall be applied) with
respect to such items and services so furnished in the same
manner as if such cost-sharing payments were with respect to
items and services furnished by a participating provider; and
``(3) the group health plan shall--
``(A) <<NOTE: Deadline. Notice.>> not later than 30
calendar days after the bill for such services is
transmitted by such provider, send to the provider, an
initial payment or notice of denial of payment; and
``(B) pay a total plan payment, in accordance with,
if applicable, subsection (b)(6), directly to such
provider furnishing such services to such participant,
beneficiary, or enrollee that is, with application of
any initial payment under subparagraph (A), equal to the
amount by which the out-of-network rate (as defined in
section 9816(a)(3)(K)) for such services and year
involved exceeds the cost-sharing amount imposed under
the plan for such services (as determined in accordance
with paragraphs (1) and (2)).
``(b) Determination of Out-of-network Rates to Be Paid by Health
Plans; Independent Dispute Resolution Process.--
``(1) <<NOTE: Time periods. Effective dates.>>
Determination through open negotiation.--
``(A) In general.--With respect to air ambulance
services furnished in a year by a nonparticipating
provider, with respect to a group health plan, and for
which a payment is required to be made by the plan
pursuant to subsection (a)(3), the provider or plan may,
during the 30-day period beginning on the day the
provider receives a payment or a statement of denial of
payment from the plan regarding a claim for payment for
such service, initiate open negotiations under this
paragraph between such provider and plan for purposes of
determining, during the open negotiation period, an
amount agreed on by such provider, and such plan for
payment (including any cost-sharing) for such service.
For purposes of this subsection, the open negotiation
period, with respect to air ambulance services, is the
30-day period beginning on the date of initiation of the
negotiations with respect to such services.
``(B) Accessing independent dispute resolution
process in case of failed negotiations.--In the case of
open negotiations pursuant to subparagraph (A), with
respect to air ambulance services, that do not result in
a determination of an amount of payment for such
services by the last day of the open negotiation period
described in such subparagraph with respect to such
services, the
[[Page 134 STAT. 2846]]
provider or group health plan that was party to such
negotiations may, during the 4-day period beginning on
the day after such open negotiation period, initiate the
independent dispute resolution process under paragraph
(2) with respect to such
services. <<NOTE: Notification.>> The independent
dispute resolution process shall be initiated by a party
pursuant to the previous sentence by submission to the
other party and to the Secretary of a notification
(containing such information as specified by the
Secretary) and for purposes of this subsection, the date
of initiation of such process shall be the date of such
submission or such other date specified by the Secretary
pursuant to regulations that is not later than the date
of receipt of such notification by both the other party
and the Secretary.
``(2) Independent dispute resolution process available in
case of failed open negotiations.--
``(A) <<NOTE: Deadline. Regulations.>>
Establishment.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary, jointly
with the Secretary of Health and Human Services and the
Secretary of Labor, shall establish by regulation one
independent dispute resolution process (referred to in
this subsection as the `IDR process') under which, in
the case of air ambulance services with respect to which
a provider or group health plan submits a notification
under paragraph (1)(B) (in this subsection referred to
as a `qualified IDR air ambulance services'), a
certified IDR entity under paragraph (4) determines,
subject to subparagraph (B) and in accordance with the
succeeding provisions of this subsection, the amount of
payment under the plan for such services furnished by
such provider.
``(B) Authority to continue negotiations.--Under the
independent dispute resolution process, in the case that
the parties to a determination for qualified IDR air
ambulance services agree on a payment amount for such
services during such process but before the date on
which the entity selected with respect to such
determination under paragraph (4) makes such
determination under paragraph (5), such amount shall be
treated for purposes of section 9816(a)(3)(K)(ii) as the
amount agreed to by such parties for such services. In
the case of an agreement described in the previous
sentence, the independent dispute resolution process
shall provide for a method to determine how to allocate
between the parties to such determination the payment of
the compensation of the entity selected with respect to
such determination.
``(C) Clarification.--A nonparticipating provider
may not, with respect to an item or service furnished by
such provider, submit a notification under paragraph
(1)(B) if such provider is exempt from the requirement
under subsection (a) of section 2799B-2 of the Public
Health Service Act with respect to such item or service
pursuant to subsection (b) of such section.
``(3) <<NOTE: Applicability.>> Treatment of batching of
services.--The provisions of section 9816(c)(3) shall apply with
respect to a notification submitted under this subsection with
respect to air ambulance services in the same manner and to the
same extent such provisions apply with respect to a notification
submitted under
[[Page 134 STAT. 2847]]
section 9816(c) with respect to items and services described in
such section.
``(4) Idr entities.--
``(A) Eligibility.--An IDR entity certified under
this subsection is an IDR entity certified under section
9816(c)(4).
``(B) <<NOTE: Applicability.>> Selection of
certified idr entity.--The provisions of subparagraph
(F) of section 9816(c)(4) shall apply with respect to
selecting an IDR entity certified pursuant to
subparagraph (A) with respect to the determination of
the amount of payment under this subsection of air
ambulance services in the same manner as such provisions
apply with respect to selecting an IDR entity certified
under such section with respect to the determination of
the amount of payment under section 9816(c) of an item
or service. An entity selected pursuant to the previous
sentence to make a determination described in such
sentence shall be referred to in this subsection as the
`certified IDR entity' with respect to such
determination.
``(5) Payment determination.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the date of selection of the
certified IDR entity with respect to a determination for
qualified IDR ambulance services, the certified IDR
entity shall--
``(i) taking into account the considerations
specified in subparagraph (C), select one of the
offers submitted under subparagraph (B) to be the
amount of payment for such services determined
under this subsection for purposes of subsection
(a)(3); and
``(ii) <<NOTE: Notification.>> notify the
provider or facility and the group health plan
party to such determination of the offer selected
under clause (i).
``(B) <<NOTE: Deadline.>> Submission of offers.--
Not later than 10 days after the date of selection of
the certified IDR entity with respect to a determination
for qualified IDR air ambulance services, the provider
and the group health plan party to such determination--
``(i) shall each submit to the certified IDR
entity with respect to such determination--
``(I) an offer for a payment amount
for such services furnished by such
provider; and
``(II) such information as requested
by the certified IDR entity relating to
such offer; and
``(ii) may each submit to the certified IDR
entity with respect to such determination any
information relating to such offer submitted by
either party, including information relating to
any circumstance described in subparagraph
(C)(ii).
``(C) Considerations in determination.--
``(i) In general.--In determining which offer
is the payment to be applied pursuant to this
paragraph, the certified IDR entity, with respect
to the determination for a qualified IDR air
ambulance service shall consider--
``(I) the qualifying payment amounts
(as defined in section 9816(a)(3)(E))
for the applicable year for items or
services that are comparable
[[Page 134 STAT. 2848]]
to the qualified IDR air ambulance
service and that are furnished in the
same geographic region (as defined by
the Secretary for purposes of such
subsection) as such qualified IDR air
ambulance service; and
``(II) subject to clause (iii),
information on any circumstance
described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional
information provided in subparagraph
(B)(ii).
``(ii) Additional circumstances.--For purposes
of clause (i)(II), the circumstances described in
this clause are, with respect to air ambulance
services included in the notification submitted
under paragraph (1)(B) of a nonparticipating
provider, or group health plan the following:
``(I) The quality and outcomes
measurements of the provider that
furnished such services.
``(II) The acuity of the individual
receiving such services or the
complexity of furnishing such services
to such individual.
``(III) The training, experience,
and quality of the medical personnel
that furnished such services.
``(IV) Ambulance vehicle type,
including the clinical capability level
of such vehicle.
``(V) Population density of the pick
up location (such as urban, suburban,
rural, or frontier).
``(VI) Demonstrations of good faith
efforts (or lack of good faith efforts)
made by the nonparticipating provider or
nonparticipating facility or the plan to
enter into network agreements and, if
applicable, contracted rates between the
provider and the plan during the
previous 4 plan years.
``(iii) Prohibition on consideration of
certain factors.--In determining which offer is
the payment amount to be applied with respect to
qualified IDR air ambulance services furnished by
a provider, the certified IDR entity with respect
to such determination shall not consider usual and
customary charges, the amount that would have been
billed by such provider with respect to such
services had the provisions of section 2799B-5 of
the Public Health Service Act not applied, or the
payment or reimbursement rate for such services
furnished by such provider payable by a public
payor, including under the Medicare program under
title XVIII of the Social Security Act, under the
Medicaid program under title XIX of such Act,
under the Children's Health Insurance Program
under title XXI of such Act, under the TRICARE
program under chapter 55 of title 10, United
States Code, or under chapter 17 of title 38,
United States Code.
``(D) <<NOTE: Applicability.>> Effects of
determination.--The provisions of section 9816(c)(5)(E))
shall apply with respect to a determination of a
certified IDR entity under subparagraph (A), the
notification submitted with respect to such
determination, the services with respect to such
notification, and the parties to such notification in
the same manner
[[Page 134 STAT. 2849]]
as such provisions apply with respect to a determination
of a certified IDR entity under section 9816(c)(5)(E),
the notification submitted with respect to such
determination, the items and services with respect to
such notification, and the parties to such notification.
``(E) <<NOTE: Applicability.>> Costs of independent
dispute resolution process.--The provisions of section
9816(c)(5)(F) shall apply to a notification made under
this subsection, the parties to such notification, and a
determination under subparagraph (A) in the same manner
and to the same extent such provisions apply to a
notification under section 9816(c), the parties to such
notification and a determination made under section
9816(c)(5)(A).
``(6) <<NOTE: Deadline.>> Timing of payment.--The total
plan payment required pursuant to subsection (a)(3), with
respect to qualified IDR air ambulance services for which a
determination is made under paragraph (5)(A) or with respect to
air ambulance services for which a payment amount is determined
under open negotiations under paragraph (1), shall be made
directly to the nonparticipating provider not later than 30 days
after the date on which such determination is made.
``(7) Publication of information relating to the idr
process.--
``(A) <<NOTE: Time periods. Public information. Web
posting.>> In general.--For each calendar quarter in
2022 and each calendar quarter in a subsequent year, the
Secretary shall publish on the public website of the
Department of the Treasury--
``(i) the number of notifications submitted
under the IDR process during such calendar
quarter;
``(ii) the number of such notifications with
respect to which a final determination was made
under paragraph (5)(A);
``(iii) the information described in
subparagraph (B) with respect to each notification
with respect to which such a determination was so
made.
``(iv) the number of times the payment amount
determined (or agreed to) under this subsection
exceeds the qualifying payment amount;
``(v) the amount of expenditures made by the
Secretary during such calendar quarter to carry
out the IDR process;
``(vi) the total amount of fees paid under
paragraph (8) during such calendar quarter; and
``(vii) the total amount of compensation paid
to certified IDR entities under paragraph
(5)(E)during such calendar quarter.
``(B) Information with respect to requests.--For
purposes of subparagraph (A), the information described
in this subparagraph is, with respect to a notification
under the IDR process of a nonparticipating provider, or
group health plan--
``(i) a description of each air ambulance
service included in such notification;
``(ii) the geography in which the services
included in such notification were provided;
[[Page 134 STAT. 2850]]
``(iii) the amount of the offer submitted
under paragraph (2) by the group health plan and
by the nonparticipating provider expressed as a
percentage of the qualifying payment amount;
``(iv) whether the offer selected by the
certified IDR entity under paragraph (5) to be the
payment applied was the offer submitted by such
plan or issuer (as applicable) or by such provider
and the amount of such offer so selected expressed
as a percentage of the qualifying payment amount;
``(v) ambulance vehicle type, including the
clinical capability level of such vehicle;
``(vi) the identity of the group health plan
or health insurance issuer or air ambulance
provider with respect to such notification;
``(vii) the length of time in making each
determination;
``(viii) the compensation paid to the
certified IDR entity with respect to the
settlement or determination; and
``(ix) any other information specified by the
Secretary.
``(C) IDR entity requirements.--For 2022 and each
subsequent year, an IDR entity, as a condition of
certification as an IDR entity, shall submit to the
Secretary such information as the Secretary determines
necessary for the Secretary to carry out the provisions
of this paragraph.
``(D) <<NOTE: Confidential information.>>
Clarification.--The Secretary shall ensure the public
reporting under this paragraph does not contain
information that would disclose privileged or
confidential information of a group health plan or
health insurance issuer offering group or individual
health insurance coverage or of a provider or facility.
``(8) Administrative fee.--
``(A) In general.--Each party to a determination
under paragraph (5) to which an entity is selected under
paragraph (4) in a year shall pay to the Secretary, at
such time and in such manner as specified by the
Secretary, a fee for participating in the IDR process
with respect to such determination in an amount
described in subparagraph (B) for such year.
``(B) <<NOTE: Estimates.>> Amount of fee.--The
amount described in this subparagraph for a year is an
amount established by the Secretary in a manner such
that the total amount of fees paid under this paragraph
for such year is estimated to be equal to the amount of
expenditures estimated to be made by the Secretary for
such year in carrying out the IDR process.
``(9) <<NOTE: Time period.>> Waiver authority.--The
Secretary may modify any deadline or other timing requirement
specified under this subsection (other than the establishment
date for the IDR process under paragraph (2)(A) and other than
under paragraph (6)) in cases of extenuating circumstances, as
specified by the Secretary, or to ensure that all claims that
occur during a 90-day period applied through paragraph (5)(D),
but with respect to which a notification is not permitted by
reason of such
[[Page 134 STAT. 2851]]
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.
``(c) Definitions.--For purposes of this section:
``(1) Air ambulance services.--The term `air ambulance
service' means medical transport by helicopter or airplane for
patients.
``(2) Qualifying payment amount.--The term `qualifying
payment amount' has the meaning given such term in section
9816(a)(3).
``(3) Nonparticipting provider.--The term `nonparticipating
provider' has the meaning given such term in section
9816(a)(3).''.
(B) <<NOTE: 26 USC 9811 prec.>> Clerical
amendment.--The table of sections for subchapter B of
chapter 100 of the Internal Revenue Code of 1986, as
amended by section 102(c)(3), is further amended by
inserting after the item relating to section 9816 the
following new item:
``Sec. 9817. Ending surprise air ambulance bills.''.
(4) <<NOTE: 26 USC 9817 note.>> Effective date.--The
amendments made by this subsection shall apply with respect to
plan years beginning on or after January 1, 2022.
(b) Air Ambulance Provider Balance Billing.--Part E of title XXVII
of the Public Health Service Act, as added and amended by section 104,
is further amended by adding at the end the following new section:
``SEC. 2799B-5. <<NOTE: 42 USC 300gg-135. Effective date.>> AIR
AMBULANCE SERVICES.
``In the case of a participant, beneficiary, or enrollee with
benefits under a group health plan or group or individual health
insurance coverage offered by a health insurance issuer and who is
furnished in a plan year beginning on or after January 1, 2022, air
ambulance services (for which benefits are available under such plan or
coverage) from a nonparticipating provider (as defined in section 2799A-
1(a)(3)(G)) with respect to such plan or coverage, such provider shall
not bill, and shall not hold liable, such participant, beneficiary, or
enrollee for a payment amount for such service furnished by such
provider that is more than the cost-sharing amount for such service (as
determined in accordance with paragraphs (1) and (2) of section 2799A-
2(a), section 717(a) of the Employee Retirement Income Security Act of
1974, or section 9817(a) of the Internal Revenue Code of 1986, as
applicable).''.
SEC. 106. <<NOTE: 42 USC 300gg-118 note.>> REPORTING REQUIREMENTS
REGARDING AIR AMBULANCE SERVICES.
(a) Reporting Requirements for Providers of Air Ambulance
Services.--
(1) <<NOTE: Deadlines.>> In general.--A provider of air
ambulance services shall submit to the Secretary of Health and
Human Services and the Secretary of Transportation--
(A) not later than the date that is 90 days after
the last day of the first calendar year beginning on or
after the date on which a final rule is promulgated
pursuant to the rulemaking described in subsection (d),
the information described in paragraph (2) with respect
to such plan year; and
[[Page 134 STAT. 2852]]
(B) not later than the date that is 90 days after
the last day of the plan year immediately succeeding the
plan year described in subparagraph (A), such
information with respect to such immediately succeeding
plan year.
(2) Information described.--For purposes of paragraph (1),
information described in this paragraph, with respect to a
provider of air ambulance services, is each of the following:
(A) <<NOTE: Data. Determination. Consultation.>>
Cost data, as determined appropriate by the Secretary of
Health and Human Services, in consultation with the
Secretary of Transportation, for air ambulance services
furnished by such provider, separated to the maximum
extent possible by air transportation costs associated
with furnishing such air ambulance services and costs of
medical services and supplies associated with furnishing
such air ambulance services.
(B) The number and location of all air ambulance
bases operated by such provider.
(C) The number and type of aircraft operated by such
provider.
(D) The number of air ambulance transports,
disaggregated by payor mix, including--
(i)(I) group health plans;
(II) health insurance issuers; and
(III) State and Federal Government payors; and
(ii) uninsured individuals.
(E) The number of claims of such provider that have
been denied payment by a group health plan or health
insurance issuer and the reasons for any such denials.
(F) The number of emergency and nonemergency air
ambulance transports, disaggregated by air ambulance
base and type of aircraft.
(G) Such other information regarding air ambulance
services as the Secretary of Health and Human Services
may specify.
(b) Reporting Requirements for Group Health Plans and Health
Insurance Issuers.--
(1) PHSA.--Part D of title XXVII of the Public Health
Service Act, as added by section 102(a)(1), is amended by adding
after section 2799A-7, as added by section 102(a)(2)(A) of this
Act, the following new section:
``SEC. 2799A-8. <<NOTE: 42 USC 300gg-118.>> AIR AMBULANCE REPORT
REQUIREMENTS.
``(a) <<NOTE: Deadlines.>> In General.--Each group health plan and
health insurance issuer offering group or individual health insurance
coverage shall submit to the Secretary, jointly with the Secretary of
Labor and the Secretary of the Treasury--
``(1) not later than the date that is 90 days after the last
day of the first calendar year beginning on or after the date on
which a final rule is promulgated pursuant to the rulemaking
described in section 106(d) of the No Surprises Act, the
information described in subsection (b) with respect to such
plan year; and
``(2) not later than the date that is 90 days after the last
day of the calendar year immediately succeeding the plan year
described in paragraph (1), such information with respect to
such immediately succeeding plan year.
[[Page 134 STAT. 2853]]
``(b) Information Described.--For purposes of subsection (a),
information described in this subsection, with respect to a group health
plan or a health insurance issuer offering group or individual health
insurance coverage, is each of the following:
``(1) Claims data for air ambulance services furnished by
providers of such services, disaggregated by each of the
following factors:
``(A) Whether such services were furnished on an
emergent or nonemergent basis.
``(B) Whether the provider of such services is part
of a hospital-owned or sponsored program, municipality-
sponsored program, hospital independent partnership
(hybrid) program, independent program, or tribally
operated program in Alaska.
``(C) Whether the transport in which the services
were furnished originated in a rural or urban area.
``(D) The type of aircraft (such as rotor transport
or fixed wing transport) used to furnish such services.
``(E) Whether the provider of such services has a
contract with the plan or issuer, as applicable, to
furnish such services under the plan or coverage,
respectively.
``(2) Such other information regarding providers of air
ambulance services as the Secretary may specify.''.
(2) ERISA.--
(A) In general.--Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding after section
722, as added by section 102(b)(2)(A) of this Act, the
following new section:
``SEC. 723. <<NOTE: 29 USC 11851.>> AIR AMBULANCE REPORT
REQUIREMENTS.
``(a) <<NOTE: Deadlines.>> In General.--Each group health plan and
health insurance issuer offering group health insurance coverage shall
submit to the Secretary, jointly with the Secretary of Health and Human
Services and the Secretary of the Treasury--
``(1) not later than the date that is 90 days after the last
day of the first calendar year beginning on or after the date on
which a final rule is promulgated pursuant to the rulemaking
described in section 106(d) of the No Surprises Act, the
information described in subsection (b) with respect to such
plan year; and
``(2) not later than the date that is 90 days after the last
day of the plan year immediately succeeding the calendar year
described in paragraph (1), such information with respect to
such immediately succeeding plan year.
``(b) Information Described.--For purposes of subsection (a),
information described in this subsection, with respect to a group health
plan or a health insurance issuer offering group health insurance
coverage, is each of the following:
``(1) Claims data for air ambulance services furnished by
providers of such services, disaggregated by each of the
following factors:
``(A) Whether such services were furnished on an
emergent or nonemergent basis.
``(B) Whether the provider of such services is part
of a hospital-owned or sponsored program, municipality-
sponsored program, hospital independent partnership
[[Page 134 STAT. 2854]]
(hybrid) program, independent program, or tribally
operated program in Alaska.
``(C) Whether the transport in which the services
were furnished originated in a rural or urban area.
``(D) The type of aircraft (such as rotor transport
or fixed wing transport) used to furnish such services.
``(E) Whether the provider of such services has a
contract with the plan or issuer, as applicable, to
furnish such services under the plan or coverage,
respectively.
``(2) Such other information regarding providers of air
ambulance services as the Secretary may specify.''.
(B) Clerical amendment.--The table of contents of
the Employee Retirement Income Security Act of 1974 is
amended by adding after the item relating to section
722, as added by section 102(b) the following:
``Sec. 723. Air ambulance report requirements.''.
(3) IRC.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding after
section 9822, as added by section 102(c)(2)(A) of this
Act, the following new section:
``SEC. 9823. <<NOTE: 26 USC 9823.>> AIR AMBULANCE REPORT
REQUIREMENTS.
``(a) <<NOTE: Deadlines.>> In General.--Each group health plan
shall submit to the Secretary, jointly with the Secretary of Labor and
the Secretary of Health and Human Services--
``(1) not later than the date that is 90 days after the last
day of the first calendar year beginning on or after the date on
which a final rule is promulgated pursuant to the rulemaking
described in section 106(d) of the No Surprises Act, the
information described in subsection (b) with respect to such
plan year; and
``(2) not later than the date that is 90 days after the last
day of the calendar year immediately succeeding the plan year
described in paragraph (1), such information with respect to
such immediately succeeding plan year.
``(b) Information Described.--For purposes of subsection (a),
information described in this subsection, with respect to a group health
plan is each of the following:
``(1) Claims data for air ambulance services furnished by
providers of such services, disaggregated by each of the
following factors:
``(A) Whether such services were furnished on an
emergent or nonemergent basis.
``(B) Whether the provider of such services is part
of a hospital-owned or sponsored program, municipality-
sponsored program, hospital independent partnership
(hybrid) program, independent program, or tribally
operated program in Alaska.
``(C) Whether the transport in which the services
were furnished originated in a rural or urban area.
``(D) The type of aircraft (such as rotor transport
or fixed wing transport) used to furnish such services.
``(E) Whether the provider of such services has a
contract with the plan or issuer, as applicable, to
furnish such services under the plan or coverage,
respectively.
[[Page 134 STAT. 2855]]
``(2) Such other information regarding providers of air
ambulance services as the Secretary may specify.''.
(B) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code
of 1986 is amended <<NOTE: 26 USC 9811 prec.>> by
adding after the item relating to section 9822, as added
by section 102(c), the following new item:
``Sec. 9823. Air ambulance report requirements.''.
(c) Publication of Comprehensive Report.--
(1) <<NOTE: Consultation. Public
information. Summary. Assessments.>> In general.--Not later
than the date that is one year after the date described in
subsection (a)(2) of section 2799A-8 of the Public Health
Service Act, of section 723 of the Employee Retirement Income
Security Act of 1974, and of section 9823 of the Internal
Revenue Code of 1986, as such sections are added by subsection
(b), the Secretary of Health and Human Services, in consultation
with the Secretary of Transportation (referred to in this
section as the ``Secretaries''), shall develop, and make
publicly available (subject to paragraph (3)), a comprehensive
report summarizing the information submitted under subsection
(a) and the amendments made by subsection (b) and including each
of the following:
(A) The percentage of providers of air ambulance
services that are part of a hospital-owned or sponsored
program, municipality-sponsored program, hospital-
independent partnership (hybrid) program, or independent
program.
(B) An assessment of the extent of competition among
providers of air ambulance services on the basis of
price and services offered, and any changes in such
competition over time.
(C) An assessment of the average charges for air
ambulance services, amounts paid by group health plans
and health insurance issuers offering group or
individual health insurance coverage to providers of air
ambulance services for furnishing such services, and
amounts paid out-of-pocket by consumers, and any changes
in such amounts paid over time.
(D) An assessment of the presence of air ambulance
bases in, or with the capability to serve, rural areas,
and the relative growth in air ambulance bases in rural
and urban areas over time.
(E) Any evidence of gaps in rural access to
providers of air ambulance services.
(F) The percentage of providers of air ambulance
services that have contracts with group health plans or
health insurance issuers offering group or individual
health insurance coverage to furnish such services under
such plans or coverage, respectively.
(G) An assessment of whether there are instances of
unfair, deceptive, or predatory practices by providers
of air ambulance services in collecting payments from
patients to whom such services are furnished, such as
referral of such patients to collections, lawsuits, and
liens or wage garnishment actions.
(H) An assessment of whether there are, within the
air ambulance industry, instances of unreasonable
industry
[[Page 134 STAT. 2856]]
concentration, excessive market domination, or other
conditions that would allow at least one provider of air
ambulance services to unreasonably increase prices or
exclude competition in air ambulance services in a given
geographic region.
(I) An assessment of the frequency of patient
balance billing, patient referrals to collections,
lawsuits to collect balance bills, and liens or wage
garnishment actions by providers of air ambulance
services as part of a collections process across
hospital-owned or sponsored programs, municipality-
sponsored programs, hospital-independent partnership
(hybrid) programs, tribally operated programs in Alaska,
or independent programs, providers of air ambulance
services operated by public agencies (such as a State or
county health department), and other independent
providers of air ambulance services.
(J) An assessment of the frequency of claims appeals
made by providers of air ambulance services to group
health plans or health insurance issuers offering group
or individual health insurance coverage with respect to
air ambulance services furnished to enrollees of such
plans or coverage, respectively.
(K) Any other cost, quality, or other data relating
to air ambulance services or the air ambulance industry,
as determined necessary and appropriate by the
Secretaries.
(2) Other sources of information.--The Secretaries may
incorporate information from independent experts or third-party
sources in developing the comprehensive report required under
paragraph (1).
(3) Protection of proprietary information.--The Secretaries
may not make publicly available under this subsection any
proprietary information.
(d) <<NOTE: Deadline. Consultation. Notice. Recommenda- tions.>>
Rulemaking.--Not later than the date that is one year after the date of
the enactment of this Act, the Secretary of Health and Human Services,
in consultation with the Secretary of Transportation, shall, through
notice and comment rulemaking, specify the form and manner in which
reports described in subsection (a) and in the amendments made by
subsection (b) shall be submitted to such Secretaries, taking into
consideration (as applicable and to the extent feasible) any
recommendations included in the report submitted by the Advisory
Committee on Air Ambulance and Patient Billing under section 418(e) of
the FAA Reauthorization Act of 2018 (Public Law 115-254; 49 U.S.C. 42301
note prec.).
(e) Civil Money Penalties.--
(1) In general.--Subject to paragraph (2), a provider of air
ambulance services who fails to submit all information required
under subsection (a)(2) by the date described in subparagraph
(A) or (B) of subsection (a)(1), as applicable, shall be subject
to a civil money penalty of not more than $10,000.
(2) <<NOTE: Waiver authority.>> Exception.--In the case of
a provider of air ambulance services that submits only some of
the information required under subsection (a)(2) by the date
described in subparagraph (A) or (B) of subsection (a)(1), as
applicable, the Secretary of Health and Human Services may waive
the civil money
[[Page 134 STAT. 2857]]
penalty imposed under paragraph (1) if such provider
demonstrates a good faith effort (as defined by the Secretary
pursuant to regulation) in working with the Secretary to submit
the remaining information required under subsection (a)(2).
(3) <<NOTE: Applicability.>> Procedure.--The provisions of
section 1128A of the Social Security Act (42 U.S.C. 1320a-7a),
other than subsections (a) and (b) and the first sentence of
subsection (c)(1), shall apply to civil money penalties under
this subsection in the same manner as such provisions apply to a
penalty or proceeding under such section.
(f) Unfair and Deceptive Practices and Unfair Methods of
Competition.--The Secretary of Transportation may use any information
submitted under subsection (a) in determining whether a provider of air
ambulance services has violated section 41712(a) of title 49, United
States Code.
(g) Advisory Committee on Air Ambulance Quality and Patient
Safety.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than the
date that is 60 days after the date of the enactment of this
Act, the Secretary of Health and Human Services and the
Secretary of Transportation, shall establish an Advisory
Committee on Air Ambulance Quality and Patient Safety (referred
to in this subsection as the ``Committee'') for the purpose of
reviewing options to establish quality, patient safety, and
clinical capability standards for each clinical capability level
of air ambulances.
(2) Membership.--The Committee shall be composed of the
following members:
(A) The Secretary of Health and Human Services, or a
designee of the Secretary, who shall serve as the Chair
of the Committee.
(B) The Secretary of Transportation, or a designee
of the Secretary.
(C) <<NOTE: Appointments.>> One representative, to
be appointed by the Secretary of Health and Human
Services, of each of the following:
(i) State health insurance regulators.
(ii) Health care providers.
(iii) Group health plans and health insurance
issuers offering group or individual health
insurance coverage.
(iv) Patient advocacy groups.
(v) Accrediting bodies with experience in
quality measures.
(D) <<NOTE: Appointments.>> Three representatives
of the air ambulance industry, to be appointed by the
Secretary of Transportation.
(E) <<NOTE: Determination.>> Additional three
representatives not covered under subparagraphs (A)
through (D), as determined necessary and appropriate by
the Secretary of Health and Human Services and Secretary
of Transportation.
(3) <<NOTE: Deadline.>> First meeting.--Not later than the
date that is 90 days after the date of the enactment of this
Act, the Committee shall hold its first meeting.
(4) Duties.--The Committee shall study and make
recommendations, as appropriate, to Congress regarding each of
the following with respect to air ambulance services:
[[Page 134 STAT. 2858]]
(A) Qualifications of different clinical capability
levels and tiering of such levels.
(B) Patient safety and quality standards.
(C) Options for improving service reliability during
poor weather, night conditions, or other adverse
conditions.
(D) Differences between air ambulance vehicle types,
services, and technologies, and other flight capability
standards, and the impact of such differences on patient
safety.
(E) Clinical triage criteria for air ambulances.
(5) <<NOTE: Consultation. Public information. Recommenda-
tions.>> Report.--Not later than the date that is 180 days
after the date of the first meeting of the Committee, the
Committee, in consultation with relevant experts and
stakeholders, as appropriate, shall develop and make publicly
available a report on any recommendations submitted to Congress
under paragraph (4). <<NOTE: Updates. Determination.>> The
Committee may update such report, as determined appropriate by
the Committee.
(h) Definitions.--In this section, the terms ``group health plan'',
``health insurance coverage'', ``individual health insurance coverage'',
``group health insurance coverage'', and ``health insurance issuer''
have the meanings given such terms in section 2791 of the Public Health
Service Act (42 U.S.C. 300gg-91).
SEC. 107. TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK
DEDUCTIBLES AND OUT-OF-POCKET
LIMITATIONS.
(a) Phsa.--Section 2799A-1 of the Public Health Service Act, as
added by section 102(a) and amended by section 103, <<NOTE: 42
USC 300gg-111.>> is further amended by adding at the end the following
new subsection:
``(e) Transparency Regarding In-network and Out-of-network
Deductibles and Out-of-pocket Limitations.--A group health plan or a
health insurance issuer offering group or individual health insurance
coverage and providing or covering any benefit with respect to items or
services shall include, in clear writing, on any physical or electronic
plan or insurance identification card issued to the participants,
beneficiaries, or enrollees in the plan or coverage the following:
``(1) Any deductible applicable to such plan or coverage.
``(2) Any out-of-pocket maximum limitation applicable to
such plan or coverage.
``(3) A telephone number and Internet website address
through which such individual may seek consumer assistance
information, such as information related to hospitals and urgent
care facilities that have in effect a contractual relationship
with such plan or coverage for furnishing items and services
under such plan or coverage''.
(b) Erisa.--Section 716 of the Employee Retirement Income Security
Act of 1974, as added by section 102(b) and amended by section
103, <<NOTE: 29 USC 1185e.>> is further amended by adding at the end
the following new subsection:
``(e) Transparency Regarding In-network and Out-of-network
Deductibles and Out-of-pocket Limitations.--A group health plan or a
health insurance issuer offering group health insurance coverage and
providing or covering any benefit with respect to items or services
shall include, in clear writing, on any physical or electronic plan or
insurance identification card issued to the participants or
beneficiaries in the plan or coverage the following:
``(1) Any deductible applicable to such plan or coverage.
[[Page 134 STAT. 2859]]
``(2) Any out-of-pocket maximum limitation applicable to
such plan or coverage.
``(3) A telephone number and Internet website address
through which such individual may seek consumer assistance
information, such as information related to hospitals and urgent
care facilities that have in effect a contractual relationship
with such plan or coverage for furnishing items and services
under such plan or coverage''.
(c) Irc.--Section 9816 of the Internal Revenue Code of 1986, as
added by section 102(c) and amended by section 103, <<NOTE: 26 USC
9816.>> is further amended by adding at the end the following new
subsection:
``(e) Transparency Regarding In-network and Out-of-network
Deductibles and Out-of-pocket Limitations.--A group health plan
providing or covering any benefit with respect to items or services
shall include, in clear writing, on any physical or electronic plan or
insurance identification card issued to the participants or
beneficiaries in the plan the following:
``(1) Any deductible applicable to such plan.
``(2) Any out-of-pocket maximum limitation applicable to
such plan.
``(3) A telephone number and Internet website address
through which such individual may seek consumer assistance
information, such as information related to hospitals and urgent
care facilities that have in effect a contractual relationship
with such plan for furnishing items and services under such
plan.''.
(d) <<NOTE: 26 USC 9816 note.>> Effective Date.--The amendments
made by this subsection shall apply with respect to plan years beginning
on or after January 1, 2022.
SEC. 108. <<NOTE: Deadlines. 42 USC 300gg-5 note.>> IMPLEMENTING
PROTECTIONS AGAINST PROVIDER
DISCRIMINATION.
Not <<NOTE: Regulations.>> later than January 1, 2022, the
Secretary of Health and Human Services, the Secretary of Labor, and the
Secretary of the Treasury shall issue a proposed rule implementing the
protections of section 2706(a) of the Public Health Service Act (42
U.S.C. 300gg-5(a)). <<NOTE: Public comment. Time period.>> The
Secretaries shall accept and consider public comments on any proposed
rule issued pursuant to this subsection for a period of 60 days after
the date of such issuance. Not later than 6 months after the date of the
conclusion of the comment period, the Secretaries shall issue a final
rule implementing the protections of section 2706(a) of the Public
Health Service Act (42 U.S.C. 300gg-5(a)).
SEC. 109. REPORTS.
(a) <<NOTE: Time period. Recommenda- tions.>> Reports in
Consultation With FTC and AG.--Not later than January 1, 2023, and
annually thereafter for each of the following 4 years, the Secretary of
Health and Human Services, in consultation with the Federal Trade
Commission and the Attorney General, shall--
(1) <<NOTE: Study.>> conduct a study on the effects of the
provisions of, including amendments made by, this Act on--
(A) any patterns of vertical or horizontal
integration of health care facilities, providers, group
health plans, or health insurance issuers offering group
or individual health insurance coverage;
(B) overall health care costs; and
[[Page 134 STAT. 2860]]
(C) access to health care items and services,
including specialty services, in rural areas and health
professional shortage areas, as defined in section 332
of the Public Health Service Act (42 U.S.C. 254e);
(2) <<NOTE: Consultation.>> for purposes of the reports
under paragraph (3), in consultation with the Secretary of Labor
and the Secretary of the Treasury, make recommendations for the
effective enforcement of subsections (a)(1)(C)(iv) and (b)(1)(C)
of section 2799A-1 of the Public Health Service Act, subsections
(a)(1)(C)(iv) and (b)(1)(C) of section 716 of the Employee
Retirement Income Security Act of 1974, and subsections
(a)(1)(C)(iv) and (b)(1)(C) of section 9816 of the Internal
Revenue Code of 1986, including with respect to potential
challenges to addressing anti-competitive consolidation of
health care facilities, providers, group health plans, or health
insurance issuers offering group or individual health insurance
coverage; and
(3) submit a report on such study and including such
recommendations to the Committees on Energy and Commerce; on
Education and Labor; on Ways and Means; and on the Judiciary of
the House of Representatives and the Committees on Health,
Education, Labor, and Pensions; on Commerce, Science, and
Transportation; on Finance; and on the Judiciary of the Senate.
(b) <<NOTE: Summary. Examinations.>> GAO Report on Impact of
Surprise Billing Provisions.--Not later than January 1, 2025, the
Comptroller General of the United States shall submit to Congress a
report summarizing the effects of the provisions of this Act, including
the amendments made by such provisions, on changes during the period
since the date on the enactment of this Act in health care provider
networks of group health plans and group and individual health insurance
coverage offered by a health insurance issuer, in fee schedules and
amounts for health care services, and to contracted rates under such
plans or coverage. Such report shall--
(1) to the extent practicable, sample a statistically
significant group of national health care providers;
(2) examine--
(A) provider network participation, including
nonparticipating providers furnishing items and services
at participating facilities;
(B) health care provider group network
participation, including specialty, size, and ownership;
(C) the impact of State surprise billing laws and
network adequacy standards on participation of health
care providers and facilities in provider networks of
group health plans and of group and individual health
insurance coverage offered by health insurance issuers;
and
(D) access to providers, including in rural and
medically underserved communities and health
professional shortage areas (as defined in section 332
of the Public Health Service Act), and the extent of
provider shortages in such communities and areas;
(3) to the extent practicable, sample a statistically
significant group of national health insurance plans and issuers
and examine--
(A) the effects of the provisions of, including
amendments made by, this Act on premiums and out-of-
pocket
[[Page 134 STAT. 2861]]
costs with respect to group health plans or group or
individual health insurance coverage;
(B) the adequacy of provider networks with respect
to such plans or coverage; and
(C) categories of providers of ancillary services,
as defined in section 2799B-2(b)(2) of the Public Health
Service Act, for which such plans have no or a limited
number of in-network providers; and
(4) such other relevant effects of such provisions and
amendments.
(c) <<NOTE: Public information. Recommenda- tions.>> GAO Report on
Adequacy of Provider Networks.--Not later than January 1, 2023, the
Comptroller General of the United States shall submit to Congress, and
make publicly available, a report on the adequacy of provider networks
in group health plans and group and individual health insurance
coverage, including legislative recommendations to improve the adequacy
of such networks.
(d) <<NOTE: Study.>> GAO Report on IDR Process and Potential
Financial Relationships.--Not later than December 31, 2023, the
Comptroller General of the United States shall conduct a study and
submit to Congress a report on the IDR process established under this
section. <<NOTE: Analysis.>> Such study and report shall include an
analysis of potential financial relationships between providers and
facilities that utilize the IDR process established by the amendments
made by this Act and private equity investment firms.
SEC. 110. <<NOTE: 42 USC 300gg-19 note.>> CONSUMER PROTECTIONS
THROUGH APPLICATION OF HEALTH PLAN
EXTERNAL REVIEW IN CASES OF CERTAIN
SURPRISE MEDICAL BILLS.
(a) <<NOTE: Requirements. Effective date. Applicability.>> In
General.--In applying the provisions of section 2719(b) of the Public
Health Service Act (42 U.S.C. 300gg-19(b)) to group health plans and
health insurance issuers offering group or individual health insurance
coverage, the Secretary of Health and Human Services, Secretary of
Labor, and Secretary of the Treasury, shall require, beginning not later
than January 1, 2022, the external review process described in paragraph
(1) of such section to apply with respect to any adverse determination
by such a plan or issuer under section 2799A-1 or 2799A-2, section 716
or 717 of the Employee Retirement Income Security Act of 1974, or
section 9816 or 9817 of the Internal Revenue Code of 1986, including
with respect to whether an item or service that is the subject to such a
determination is an item or service to which such respective section
applies.
(b) Definitions.--The terms ``group health plan''; ``health
insurance issuer''; ``group health insurance coverage'', and
``individual health insurance coverage'' have the meanings given such
terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
91), section 733 of the Employee Retirement Income Security Act (29
U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as
applicable.
SEC. 111. CONSUMER PROTECTIONS THROUGH HEALTH PLAN REQUIREMENT FOR
FAIR AND HONEST ADVANCE COST ESTIMATE.
(a) PHSA Amendment.--Section 2799A-1 of the Public Health Service
Act (42 U.S.C. 300gg-19a), <<NOTE: 42 USC 300gg-111.>> as added by
section 102 and as further amended by the previous provisions of this
title, is further amended by adding at the end the following new
subsection:
``(f) Advanced Explanation of Benefits.--
[[Page 134 STAT. 2862]]
``(1) <<NOTE: Effective
date. Deadlines. Notification. Estimates.>> In general.--For
plan years beginning on or after January 1, 2022, each group
health plan, or a health insurance issuer offering group or
individual health insurance coverage shall, with respect to a
notification submitted under section 2799B-6 by a health care
provider or health care facility to the plan or issuer for a
participant, beneficiary, or enrollee under plan or coverage
scheduled to receive an item or service from the provider or
facility (or authorized representative of such participant,
beneficiary, or enrollee), not later than 1 business day (or, in
the case such item or service was so scheduled at least 10
business days before such item or service is to be furnished (or
in the case of a request made to such plan or coverage by such
participant, beneficiary, or enrollee), 3 business days) after
the date on which the plan or coverage receives such
notification (or such request), provide to the participant,
beneficiary, or enrollee (through mail or electronic means, as
requested by the participant, beneficiary, or enrollee) a
notification (in clear and understandable language) including
the following:
``(A) Whether or not the provider or facility is a
participating provider or a participating facility with
respect to the plan or coverage with respect to the
furnishing of such item or service and--
``(i) in the case the provider or facility is
a participating provider or facility with respect
to the plan or coverage with respect to the
furnishing of such item or service, the contracted
rate under such plan or coverage for such item or
service (based on the billing and diagnostic codes
provided by such provider or facility); and
``(ii) in the case the provider or facility is
a nonparticipating provider or facility with
respect to such plan or coverage, a description of
how such individual may obtain information on
providers and facilities that, with respect to
such plan or coverage, are participating providers
and facilities, if any.
``(B) The good faith estimate included in the
notification received from the provider or facility (if
applicable) based on such codes.
``(C) A good faith estimate of the amount the plan
or coverage is responsible for paying for items and
services included in the estimate described in
subparagraph (B).
``(D) A good faith estimate of the amount of any
cost-sharing for which the participant, beneficiary, or
enrollee would be responsible for such item or service
(as of the date of such notification).
``(E) A good faith estimate of the amount that the
participant, beneficiary, or enrollee has incurred
toward meeting the limit of the financial responsibility
(including with respect to deductibles and out-of-pocket
maximums) under the plan or coverage (as of the date of
such notification).
``(F) In the case such item or service is subject to
a medical management technique (including concurrent
review, prior authorization, and step-therapy or fail-
first
[[Page 134 STAT. 2863]]
protocols) for coverage under the plan or coverage, a
disclaimer that coverage for such item or service is
subject to such medical management technique.
``(G) A disclaimer that the information provided in
the notification is only an estimate based on the items
and services reasonably expected, at the time of
scheduling (or requesting) the item or service, to be
furnished and is subject to change.
``(H) Any other information or disclaimer the plan
or coverage determines appropriate that is consistent
with information and disclaimers required under this
section.
``(2) Authority to modify timing requirements in the case of
specified items and services.--
``(A) In general.--In the case of a participant,
beneficiary, or enrollee scheduled to receive an item or
service that is a specified item or service (as defined
in subparagraph (B)), the Secretary may modify any
timing requirements relating to the provision of the
notification described in paragraph (1) to such
participant, beneficiary, or enrollee with respect to
such item or service. Any modification made by the
Secretary pursuant to the previous sentence may not
result in the provision of such notification after such
participant, beneficiary, or enrollee has been furnished
such item or service.
``(B) Specified item or service defined.--For
purposes of subparagraph (A), the term `specified item
or service' means an item or service that has low
utilization or significant variation in costs (such as
when furnished as part of a complex treatment), as
specified by the Secretary.''.
(b) IRC Amendments.--Section 9816 of the Internal Revenue Code of
1986, as added by section 102 and further amended by the previous
provisions of this title, <<NOTE: 26 USC 9816.>> is further amended by
inserting after subsection (e) the following new subsection:
``(f) Advanced Explanation of Benefits.--
``(1) <<NOTE: Effective
date. Deadlines. Notification. Estimates.>> In general.--For
plan years beginning on or after January 1, 2022, each group
health plan shall, with respect to a notification submitted
under section 2799B-6 of the Public Health Service Act by a
health care provider or health care facility to the plan for a
participant or beneficiary under plan scheduled to receive an
item or service from the provider or facility (or authorized
representative of such participant or beneficiary), not later
than 1 business day (or, in the case such item or service was so
scheduled at least 10 business days before such item or service
is to be furnished (or in the case of a request made to such
plan or coverage by such participant or beneficiary), 3 business
days) after the date on which the plan receives such
notification (or such request), provide to the participant or
beneficiary (through mail or electronic means, as requested by
the participant or beneficiary) a notification (in clear and
understandable language) including the following:
``(A) Whether or not the provider or facility is a
participating provider or a participating facility with
respect to the plan with respect to the furnishing of
such item or service and--
[[Page 134 STAT. 2864]]
``(i) in the case the provider or facility is
a participating provider or facility with respect
to the plan or coverage with respect to the
furnishing of such item or service, the contracted
rate under such plan for such item or service
(based on the billing and diagnostic codes
provided by such provider or facility); and
``(ii) in the case the provider or facility is
a nonparticipating provider or facility with
respect to such plan, a description of how such
individual may obtain information on providers and
facilities that, with respect to such plan, are
participating providers and facilities, if any.
``(B) The good faith estimate included in the
notification received from the provider or facility (if
applicable) based on such codes.
``(C) A good faith estimate of the amount the plan
is responsible for paying for items and services
included in the estimate described in subparagraph (B).
``(D) A good faith estimate of the amount of any
cost-sharing for which the participant or beneficiary
would be responsible for such item or service (as of the
date of such notification).
``(E) A good faith estimate of the amount that the
participant or beneficiary has incurred toward meeting
the limit of the financial responsibility (including
with respect to deductibles and out-of-pocket maximums)
under the plan (as of the date of such notification).
``(F) In the case such item or service is subject to
a medical management technique (including concurrent
review, prior authorization, and step-therapy or fail-
first protocols) for coverage under the plan, a
disclaimer that coverage for such item or service is
subject to such medical management technique.
``(G) A disclaimer that the information provided in
the notification is only an estimate based on the items
and services reasonably expected, at the time of
scheduling (or requesting) the item or service, to be
furnished and is subject to change.
``(H) Any other information or disclaimer the plan
determines appropriate that is consistent with
information and disclaimers required under this section.
``(2) Authority to modify timing requirements in the case of
specified items and services.--
``(A) In general.--In the case of a participant or
beneficiary scheduled to receive an item or service that
is a specified item or service (as defined in
subparagraph (B)), the Secretary may modify any timing
requirements relating to the provision of the
notification described in paragraph (1) to such
participant or beneficiary with respect to such item or
service. Any modification made by the Secretary pursuant
to the previous sentence may not result in the provision
of such notification after such participant or
beneficiary has been furnished such item or service.
``(B) Specified item or service defined.--For
purposes of subparagraph (A), the term `specified item
or service' means an item or service that has low
utilization
[[Page 134 STAT. 2865]]
or significant variation in costs (such as when
furnished as part of a complex treatment), as specified
by the Secretary.''.
(c) ERISA Amendments.--Section 716 of the Employee Retirement Income
Security Act of 1974, as added by section 102 and further amended by the
previous amendments of this title, <<NOTE: 29 USC 1185e.>> is further
amended by adding at the end the following new subsection:
``(f) Advanced Explanation of Benefits.--
``(1) <<NOTE: Effective
date. Deadlines. Notification. Estimates.>> In general.--For
plan years beginning on or after January 1, 2022, each group
health plan, or a health insurance issuer offering group health
insurance coverage shall, with respect to a notification
submitted under section 2799B-6 of the Public Health Service Act
by a health care provider or health care facility to the plan or
issuer for a participant or beneficiary under plan or coverage
scheduled to receive an item or service from the provider or
facility (or authorized representative of such participant or
beneficiary), not later than 1 business day (or, in the case
such item or service was so scheduled at least 10 business days
before such item or service is to be furnished (or in the case
of a request made to such plan or coverage by such participant
or beneficiary), 3 business days) after the date on which the
plan or coverage receives such notification (or such request),
provide to the participant or beneficiary (through mail or
electronic means, as requested by the participant or
beneficiary) a notification (in clear and understandable
language) including the following:
``(A) Whether or not the provider or facility is a
participating provider or a participating facility with
respect to the plan or coverage with respect to the
furnishing of such item or service and--
``(i) in the case the provider or facility is
a participating provider or facility with respect
to the plan or coverage with respect to the
furnishing of such item or service, the contracted
rate under such plan for such item or service
(based on the billing and diagnostic codes
provided by such provider or facility); and
``(ii) in the case the provider or facility is
a nonparticipating provider or facility with
respect to such plan or coverage, a description of
how such individual may obtain information on
providers and facilities that, with respect to
such plan or coverage, are participating providers
and facilities, if any.
``(B) The good faith estimate included in the
notification received from the provider or facility (if
applicable) based on such codes.
``(C) A good faith estimate of the amount the health
plan is responsible for paying for items and services
included in the estimate described in subparagraph (B).
``(D) A good faith estimate of the amount of any
cost-sharing for which the participant or beneficiary
would be responsible for such item or service (as of the
date of such notification).
``(E) A good faith estimate of the amount that the
participant or beneficiary has incurred toward meeting
the limit of the financial responsibility (including
with respect
[[Page 134 STAT. 2866]]
to deductibles and out-of-pocket maximums) under the
plan or coverage (as of the date of such notification).
``(F) In the case such item or service is subject to
a medical management technique (including concurrent
review, prior authorization, and step-therapy or fail-
first protocols) for coverage under the plan or
coverage, a disclaimer that coverage for such item or
service is subject to such medical management technique.
``(G) A disclaimer that the information provided in
the notification is only an estimate based on the items
and services reasonably expected, at the time of
scheduling (or requesting) the item or service, to be
furnished and is subject to change.
``(H) Any other information or disclaimer the plan
or coverage determines appropriate that is consistent
with information and disclaimers required under this
section.
``(2) Authority to modify timing requirements in the case of
specified items and services.--
``(A) In general.--In the case of a participant or
beneficiary scheduled to receive an item or service that
is a specified item or service (as defined in
subparagraph (B)), the Secretary may modify any timing
requirements relating to the provision of the
notification described in paragraph (1) to such
participant or beneficiary with respect to such item or
service. Any modification made by the Secretary pursuant
to the previous sentence may not result in the provision
of such notification after such participant or
beneficiary has been furnished such item or service.
``(B) Specified item or service defined.--For
purposes of subparagraph (A), the term `specified item
or service' means an item or service that has low
utilization or significant variation in costs (such as
when furnished as part of a complex treatment), as
specified by the Secretary.''.
SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND PATIENT-
PROVIDER DISPUTE RESOLUTION.
Part E of title XXVII of the Public Health Service Act (42 U.S.C.
300gg et seq.), as added by section 104 and further amended by the
previous provisions of this title, is further amended by adding at the
end the following new sections:
``SEC. 2799B-6. <<NOTE: 42 USC 300gg-136.>> PROVISION OF
INFORMATION UPON REQUEST AND FOR
SCHEDULED APPOINTMENTS.
``Each <<NOTE: Effective date. Time periods. Deadlines.>> health
care provider and health care facility shall, beginning January 1, 2022,
in the case of an individual who schedules an item or service to be
furnished to such individual by such provider or facility at least 3
business days before the date such item or service is to be so
furnished, not later than 1 business day after the date of such
scheduling (or, in the case of such an item or service scheduled at
least 10 business days before the date such item or service is to be so
furnished (or if requested by the individual), not later than 3 business
days after the date of such scheduling or such request)--
``(1) inquire if such individual is enrolled in a group
health plan, group or individual health insurance coverage
offered by a health insurance issuer, or a Federal health care
program (and if is so enrolled in such plan or coverage, seeking
to
[[Page 134 STAT. 2867]]
have a claim for such item or service submitted to such plan or
coverage); and
``(2) <<NOTE: Notification.>> provide a notification (in
clear and understandable language) of the good faith estimate of
the expected charges for furnishing such item or service
(including any item or service that is reasonably expected to be
provided in conjunction with such scheduled item or service and
such an item or service reasonably expected to be so provided by
another health care provider or health care facility), with the
expected billing and diagnostic codes for any such item or
service, to--
``(A) in the case the individual is enrolled in such
a plan or such coverage (and is seeking to have a claim
for such item or service submitted to such plan or
coverage), such plan or issuer of such coverage; and
``(B) in the case the individual is not described in
subparagraph (A) and not enrolled in a Federal health
care program, the individual.
``SEC. 2799B-7. <<NOTE: 42 USC 300gg-137.>> PATIENT-PROVIDER
DISPUTE RESOLUTION.
``(a) <<NOTE: Deadline.>> In General.--Not later than January 1,
2022, the Secretary shall establish a process (in this subsection
referred to as the `patient-provider dispute resolution process') under
which an uninsured individual, with respect to an item or service, who
received, pursuant to section 2799B-6, from a health care provider or
health care facility a good-faith estimate of the expected charges for
furnishing such item or service to such individual and who after being
furnished such item or service by such provider or facility is billed by
such provider or facility for such item or service for charges that are
substantially in excess of such estimate, may seek a determination from
a selected dispute resolution entity for the charges to be paid by such
individual (in lieu of such amount so billed) to such provider or
facility for such item or service. For purposes of this
subsection, <<NOTE: Definition.>> the term `uninsured individual'
means, with respect to an item or service, an individual who does not
have benefits for such item or service under a group health plan, group
or individual health insurance coverage offered by a health insurance
issuer, Federal health care program (as defined in section 1128B(f) of
the Social Security Act), or a health benefits plan under chapter 89 of
title 5, United States Code (or an individual who has benefits for such
item or service under a group health plan or individual or group health
insurance coverage offered by a health insurance issuer, but who does
not seek to have a claim for such item or service submitted to such plan
or coverage).
``(b) Selection of Entities.--Under the patient-provider dispute
resolution process, the Secretary shall, with respect to a determination
sought by an individual under subsection (a), with respect to charges to
be paid by such individual to a health care provider or health care
facility described in such paragraph for an item or service furnished to
such individual by such provider or facility, provide for--
``(1) a method to select to make such determination an
entity certified under subsection (d) that--
``(A) is not a party to such determination or an
employee or agent of such party;
``(B) does not have a material familial, financial,
or professional relationship with such a party; and
[[Page 134 STAT. 2868]]
``(C) does not otherwise have a conflict of interest
with such a party (as determined by the Secretary); and
``(2) <<NOTE: Notification.>> the provision of a
notification of such selection to the individual and the
provider or facility (as applicable) party to such
determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in this
subsection as the `selected dispute resolution entity' with respect to
such determination.
``(c) Administrative Fee.--The Secretary shall establish a fee to
participate in the patient-provider dispute resolution process in such a
manner as to not create a barrier to an uninsured individual's access to
such process.
``(d) Certification.--The Secretary shall establish or recognize a
process to certify entities under this subparagraph. Such process shall
ensure that an entity so certified satisfies at least the criteria
specified in section 2799A-1(c).''.
SEC. 113. ENSURING CONTINUITY OF CARE.
(a) Public Health Service Act.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended, in the part D, as
added and amended by section 102(a) and further amended by the previous
provisions of this title, by inserting after section 2799A-2 the
following new section:
``SEC. 2799A-3. <<NOTE: 42 USC 300gg-113.>> CONTINUITY OF CARE.
``(a) Ensuring Continuity of Care With Respect to Terminations of
Certain Contractual Relationships Resulting in Changes in Provider
Network Status.--
``(1) In general.--In the case of an individual with
benefits under a group health plan or group or individual health
insurance coverage offered by a health insurance issuer and with
respect to a health care provider or facility that has a
contractual relationship with such plan or such issuer (as
applicable) for furnishing items and services under such plan or
such coverage, if, while such individual is a continuing care
patient (as defined in subsection (b)) with respect to such
provider or facility--
``(A) such contractual relationship is terminated
(as defined in subsection (b));
``(B) benefits provided under such plan or such
health insurance coverage with respect to such provider
or facility are terminated because of a change in the
terms of the participation of such provider or facility
in such plan or coverage; or
``(C) a contract between such group health plan and
a health insurance issuer offering health insurance
coverage in connection with such plan is terminated,
resulting in a loss of benefits provided under such plan
with respect to such provider or facility;
the plan or issuer, respectively, shall meet the requirements of
paragraph (2) with respect to such individual.
``(2) <<NOTE: Notifications.>> Requirements.--The
requirements of this paragraph are that the plan or issuer--
``(A) notify each individual enrolled under such
plan or coverage who is a continuing care patient with
respect to a provider or facility at the time of a
termination described in paragraph (1) affecting such
provider or facility
[[Page 134 STAT. 2869]]
on a timely basis of such termination and such
individual's right to elect continued transitional care
from such provider or facility under this section;
``(B) provide such individual with an opportunity to
notify the plan or issuer of the individual's need for
transitional care; and
``(C) <<NOTE: Time period. Effective dates.>>
permit the patient to elect to continue to have benefits
provided under such plan or such coverage, under the
same terms and conditions as would have applied and with
respect to such items and services as would have been
covered under such plan or coverage had such termination
not occurred, with respect to the course of treatment
furnished by such provider or facility relating to such
individual's status as a continuing care patient during
the period beginning on the date on which the notice
under subparagraph (A) is provided and ending on the
earlier of--
``(i) the 90-day period beginning on such
date; or
``(ii) the date on which such individual is no
longer a continuing care patient with respect to
such provider or facility.
``(b) Definitions.--In this section:
``(1) Continuing care patient.--The term `continuing care
patient' means an individual who, with respect to a provider or
facility--
``(A) is undergoing a course of treatment for a
serious and complex condition from the provider or
facility;
``(B) is undergoing a course of institutional or
inpatient care from the provider or facility;
``(C) is scheduled to undergo nonelective surgery
from the provider, including receipt of postoperative
care from such provider or facility with respect to such
a surgery;
``(D) is pregnant and undergoing a course of
treatment for the pregnancy from the provider or
facility; or
``(E) is or was determined to be terminally ill (as
determined under section 1861(dd)(3)(A) of the Social
Security Act) and is receiving treatment for such
illness from such provider or facility.
``(2) Serious and complex condition.--The term `serious and
complex condition' means, with respect to a participant,
beneficiary, or enrollee under a group health plan or group or
individual health insurance coverage--
``(A) in the case of an acute illness, a condition
that is serious enough to require specialized medical
treatment to avoid the reasonable possibility of death
or permanent harm; or
``(B) in the case of a chronic illness or condition,
a condition that is--
``(i) is life-threatening, degenerative,
potentially disabling, or congenital; and
``(ii) requires specialized medical care over
a prolonged period of time.
``(3) Terminated.--The term `terminated' includes, with
respect to a contract, the expiration or nonrenewal of the
contract, but does not include a termination of the contract for
failure to meet applicable quality standards or for fraud.''.
(b) Internal Revenue Code.--
[[Page 134 STAT. 2870]]
(1) In general.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986, as amended by sections 102(c) and
105(a)(3), is further amended by inserting after section 9817
the following new section:
``SEC. 9818. <<NOTE: 26 USC 9818.>> CONTINUITY OF CARE.
``(a) Ensuring Continuity of Care With Respect to Terminations of
Certain Contractual Relationships Resulting in Changes in Provider
Network Status.--
``(1) In general.--In the case of an individual with
benefits under a group health plan and with respect to a health
care provider or facility that has a contractual relationship
with such plan for furnishing items and services under such
plan, if, while such individual is a continuing care patient (as
defined in subsection (b)) with respect to such provider or
facility--
``(A) such contractual relationship is terminated
(as defined in paragraph (b));
``(B) benefits provided under such plan with respect
to such provider or facility are terminated because of a
change in the terms of the participation of such
provider or facility in such plan; or
``(C) a contract between such group health plan and
a health insurance issuer offering health insurance
coverage in connection with such plan is terminated,
resulting in a loss of benefits provided under such plan
with respect to such provider or facility;
the plan shall meet the requirements of paragraph (2) with
respect to such individual.
``(2) <<NOTE: Notifications.>> Requirements.--The
requirements of this paragraph are that the plan--
``(A) notify each individual enrolled under such
plan who is a continuing care patient with respect to a
provider or facility at the time of a termination
described in paragraph (1) affecting such provider on a
timely basis of such termination and such individual's
right to elect continued transitional care from such
provider or facility under this section;
``(B) provide such individual with an opportunity to
notify the plan of the individual's need for
transitional care; and
``(C) <<NOTE: Time period. Effective dates.>>
permit the patient to elect to continue to have benefits
provided under such plan, under the same terms and
conditions as would have applied and with respect to
such items and services as would have been covered under
such plan had such termination not occurred, with
respect to the course of treatment furnished by such
provider or facility relating to such individual's
status as a continuing care patient during the period
beginning on the date on which the notice under
subparagraph (A) is provided and ending on the earlier
of--
``(i) the 90-day period beginning on such
date; or
``(ii) the date on which such individual is no
longer a continuing care patient with respect to
such provider or facility.
``(b) Definitions.--In this section:
[[Page 134 STAT. 2871]]
``(1) Continuing care patient.--The term `continuing care
patient' means an individual who, with respect to a provider or
facility--
``(A) is undergoing a course of treatment for a
serious and complex condition from the provider or
facility;
``(B) is undergoing a course of institutional or
inpatient care from the provider or facility;
``(C) is scheduled to undergo nonelective surgery
from the provider or facility, including receipt of
postoperative care from such provider or facility with
respect to such a surgery;
``(D) is pregnant and undergoing a course of
treatment for the pregnancy from the provider or
facility; or
``(E) is or was determined to be terminally ill (as
determined under section 1861(dd)(3)(A) of the Social
Security Act) and is receiving treatment for such
illness from such provider or facility.
``(2) Serious and complex condition.--The term `serious and
complex condition' means, with respect to a participant or
beneficiary under a group health plan--
``(A) in the case of an acute illness, a condition
that is serious enough to require specialized medical
treatment to avoid the reasonable possibility of death
or permanent harm; or
``(B) in the case of a chronic illness or condition,
a condition that--
``(i) is life-threatening, degenerative,
potentially disabling, or congenital; and
``(ii) requires specialized medical care over
a prolonged period of time.
``(3) Terminated.--The term `terminated' includes, with
respect to a contract, the expiration or nonrenewal of the
contract, but does not include a termination of the contract for
failure to meet applicable quality standards or for fraud.''.
(2) Clerical amendment.--The table of sections for such
subchapter, as amended by the previous sections, <<NOTE: 26 USC
9811 prec.>> is further amended by inserting after the item
relating to section 9817 the following new item:
``Sec. 9818. Continuity of care.''.
(c) Employee Retirement Income Security Act.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.), as amended by section 102(c) and further
amended by the previous provisions of this title, is further
amended by inserting after section 717 the following new
section:
``SEC. 718. <<NOTE: 29 USC 1185g.>> CONTINUITY OF CARE.
``(a) Ensuring Continuity of Care With Respect to Terminations of
Certain Contractual Relationships Resulting in Changes in Provider
Network Status.--
``(1) In general.--In the case of an individual with
benefits under a group health plan or group health insurance
coverage offered by a health insurance issuer and with respect
to a health care provider or facility that has a contractual
relationship with such plan or such issuer (as applicable) for
furnishing
[[Page 134 STAT. 2872]]
items and services under such plan or such coverage, if, while
such individual is a continuing care patient (as defined in
subsection (b)) with respect to such provider or facility--
``(A) such contractual relationship is terminated
(as defined in paragraph (b));
``(B) benefits provided under such plan or such
health insurance coverage with respect to such provider
or facility are terminated because of a change in the
terms of the participation of the provider or facility
in such plan or coverage; or
``(C) a contract between such group health plan and
a health insurance issuer offering health insurance
coverage in connection with such plan is terminated,
resulting in a loss of benefits provided under such plan
with respect to such provider or facility;
the plan or issuer, respectively, shall meet the requirements of
paragraph (2) with respect to such individual.
``(2) <<NOTE: Notifications.>> Requirements.--The
requirements of this paragraph are that the plan or issuer--
``(A) notify each individual enrolled under such
plan or coverage who is a continuing care patient with
respect to a provider or facility at the time of a
termination described in paragraph (1) affecting such
provider or facility on a timely basis of such
termination and such individual's right to elect
continued transitional care from such provider or
facility under this section;
``(B) provide such individual with an opportunity to
notify the plan or issuer of the individual's need for
transitional care; and
``(C) <<NOTE: Time period. Effective dates.>>
permit the patient to elect to continue to have benefits
provided under such plan or such coverage, under the
same terms and conditions as would have applied and with
respect to such items and services as would have been
covered under such plan or coverage had such termination
not occurred, with respect to the course of treatment
furnished by such provider or facility relating to such
individual's status as a continuing care patient during
the period beginning on the date on which the notice
under subparagraph (A) is provided and ending on the
earlier of--
``(i) the 90-day period beginning on such
date; or
``(ii) the date on which such individual is no
longer a continuing care patient with respect to
such provider or facility.
``(b) Definitions.--In this section:
``(1) Continuing care patient.--The term `continuing care
patient' means an individual who, with respect to a provider or
facility--
``(A) is undergoing a course of treatment for a
serious and complex condition from the provider or
facility;
``(B) is undergoing a course of institutional or
inpatient care from the provider or facility;
``(C) is scheduled to undergo nonelective surgery
from the provide or facility, including receipt of
postoperative care from such provider or facility with
respect to such a surgery;
[[Page 134 STAT. 2873]]
``(D) is pregnant and undergoing a course of
treatment for the pregnancy from the provider or
facility; or
``(E) is or was determined to be terminally ill (as
determined under section 1861(dd)(3)(A) of the Social
Security Act) and is receiving treatment for such
illness from such provider or facility.
``(2) Serious and complex condition.--The term `serious and
complex condition' means, with respect to a participant or
beneficiary under a group health plan or group health insurance
coverage--
``(A) in the case of an acute illness, a condition
that is serious enough to require specialized medical
treatment to avoid the reasonable possibility of death
or permanent harm; or
``(B) in the case of a chronic illness or condition,
a condition that--
``(i) is life-threatening, degenerative,
potentially disabling, or congenital; and
``(ii) requires specialized medical care over
a prolonged period of time.
``(3) Terminated.--The term `terminated' includes, with
respect to a contract, the expiration or nonrenewal of the
contract, but does not include a termination of the contract for
failure to meet applicable quality standards or for fraud.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section 716 the
following new item:
``Sec. 718. Continuity of care.''.
(d) Provider Requirement.--Part E of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
and further amended by the previous provisions of this title, is further
amended by adding at the end the following new section:
``SEC. 2799B-8. <<NOTE: 42 USC 300gg-138.>> CONTINUITY OF CARE.
``A health care provider or health care facility shall, in the case
of an individual furnished items and services by such provider or
facility for which coverage is provided under a group health plan or
group or individual health insurance coverage pursuant to section 2799A-
3, section 9818 of the Internal Revenue Code of 1986, or section 718 of
the Employee Retirement Income Security Act of 1974--
``(1) accept payment from such plan or such issuer (as
applicable) (and cost-sharing from such individual, if
applicable, in accordance with subsection (a)(2)(C) of such
section 2799A-3, 9818, or 718) for such items and services as
payment in full for such items and services; and
``(2) continue to adhere to all policies, procedures, and
quality standards imposed by such plan or issuer with respect to
such individual and such items and services in the same manner
as if such termination had not occurred.''.
(e) <<NOTE: 26 USC 9818 note.>> Effective Date.--The amendments
made by subsections (a), (b), and (c) shall apply with respect to plan
years beginning on or after January 1, 2022.
[[Page 134 STAT. 2874]]
SEC. 114. MAINTENANCE OF PRICE COMPARISON TOOL.
(a) Public Health Service Act.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended, in part D, as added
and amended by section 102 and further amended by the previous
provisions of this title, by inserting after section 2799A-3 the
following new section:
``SEC. 2799A-4. <<NOTE: 42 USC 300gg-114. Web posting.>>
MAINTENANCE OF PRICE COMPARISON
TOOL.
``A group health plan or a health insurance issuer offering group or
individual health insurance coverage shall offer price comparison
guidance by telephone and make available on the Internet website of the
plan or issuer a price comparison tool that (to the extent practicable)
allows an individual enrolled under such plan or coverage, with respect
to such plan year, such geographic region, and participating providers
with respect to such plan or coverage, to compare the amount of cost-
sharing that the individual would be responsible for paying under such
plan or coverage with respect to the furnishing of a specific item or
service by any such provider.''.
(b) Internal Revenue Code.--
(1) In general.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986, as amended by sections 102, 105, and 113,
is further amended by inserting after section 9818 the following
new section:
``SEC. 9819. <<NOTE: 26 USC 9819.>> MAINTENANCE OF PRICE
COMPARISON TOOL.
``A <<NOTE: Web posting.>> group health plan shall offer price
comparison guidance by telephone and make available on the Internet
website of the plan or issuer a price comparison tool that (to the
extent practicable) allows an individual enrolled under such plan, with
respect to such plan year, such geographic region, and participating
providers with respect to such plan or coverage, to compare the amount
of cost-sharing that the individual would be responsible for paying
under such plan with respect to the furnishing of a specific item or
service by any such provider.''.
(2) Clerical amendment.--The table of sections for such
subchapter, as amended by the previous sections, <<NOTE: 26 USC
9811 prec.>> is further amended by inserting after the item
relating to section 9818 the following new item:
``Sec. 9819. Maintenance of price comparison tool.''.
(c) Employee Retirement Income Security Act.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.), as amended by sections 102, 105, and 113,
is further amended by inserting after section 718 the following
new section:
``SEC. 719. <<NOTE: 29 USC 1185h.>> MAINTENANCE OF PRICE
COMPARISON TOOL.
``A <<NOTE: Web posting.>> group health plan or a health insurance
issuer offering group health insurance coverage shall offer price
comparison guidance by telephone and make available on the Internet
website of the plan or issuer a price comparison tool that (to the
extent practicable) allows an individual enrolled under such plan or
coverage, with respect to such plan year, such geographic region, and
participating providers with respect to such plan or coverage, to
compare the amount of cost-sharing that the individual would
[[Page 134 STAT. 2875]]
be responsible for paying under such plan or coverage with respect to
the furnishing of a specific item or service by any such provider.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974, as
amended by the previous provisions of this title, is further
amended by inserting after the item relating to section 716 the
following new item:
``Sec. 719. Maintenance of price comparison tool.''.
(d) <<NOTE: 26 USC 9819 note.>> Effective Date.--The amendments
made by this section shall apply with respect to plan years beginning on
or after January 1, 2022.
SEC. 115. STATE ALL PAYER CLAIMS DATABASES.
(a) Grants to States.--Part B of title III of the Public Health
Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the
following:
``SEC. 320B. <<NOTE: Grants. 42 USC 247d-11.>> STATE ALL PAYER
CLAIMS DATABASES.
``(a) In General.--The Secretary shall make one-time grants to
eligible States for the purposes described in subsection (b).
``(b) Uses.--A State may use a grant received under subsection (a)
for one of the following purposes:
``(1) To establish a State All Payer Claims Database.
``(2) To improve an existing State All Payer Claims
Databases.
``(c) Eligibility.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary specifies, including, with respect to a State All Payer Claims
Database, at least specifics on how the State will ensure uniform data
collection and the privacy and security of such data.
``(d) Grant Period and Amount.--Grants awarded under this section
shall be for a period of 3-years, and in an amount of $2,500,000, of
which $1,000,000 shall be made available to the State for each of the
first 2 years of the grant period, and $500,000 shall be made available
to the State for the third year of the grant period.
``(e) Authorized Users.--
``(1) Application.--An entity desiring authorization for
access to a State All Payer Claims Database that has received a
grant under this section shall submit to the State All Payer
Claims Database an application for such access, which shall
include--
``(A) in the case of an entity requesting access for
research purposes--
``(i) a description of the uses and
methodologies for evaluating health system
performance using such data; and
``(ii) documentation of approval of the
research by an institutional review board, if
applicable for a particular plan of research; or
``(B) in the case of an entity such as an employer,
health insurance issuer, third-party administrator, or
health care provider, requesting access for the purpose
[[Page 134 STAT. 2876]]
of quality improvement or cost-containment, a
description of the intended uses for such data.
``(2) Requirements.--
``(A) Access for research purposes.--Upon approval
of an application for research purposes under paragraph
(1)(A), the authorized user shall enter into a data use
and confidentiality agreement with the State All Payer
Claims Database that has received a grant under this
subsection, which shall include a prohibition on
attempts to reidentify and disclose individually
identifiable health information and proprietary
financial information.
``(B) Customized reports.--Employers and employer
organizations may request customized reports from a
State All Payer Claims Database that has received a
grant under this section, at cost, subject to the
requirements of this section with respect to privacy,
security, and proprietary financial information.
``(C) Non-customized reports.--A State All Payer
Claims Database that has received a grant under this
section shall make available to all authorized users
aggregate data sets available through the State All
Payer Claims Database, free of charge.
``(3) Waivers.--The Secretary may waive the requirements of
this subsection of a State All Payer Claims Database to provide
access of entities to such database if such State All Payer
Claims Database is substantially in compliance with this
subsection.
``(f) Expanded Access.--
``(1) Multi-state applications.--The Secretary may
prioritize applications submitted by a State whose application
demonstrates that the State will work with other State All Payer
Claims Databases to establish a single application for access to
data by authorized users across multiple States.
``(2) Expansion of data sets.--The Secretary may prioritize
applications submitted by a State whose application demonstrates
that the State will implement the reporting format for self-
insured group health plans described in section 735 of the
Employee Retirement Income Security Act of 1974.
``(g) Definitions.--In this section--
``(1) the term `individually identifiable health
information' has the meaning given such term in section 1171(6)
of the Social Security Act;
``(2) the term `proprietary financial information' means
data that would disclose the terms of a specific contract
between an individual health care provider or facility and a
specific group health plan, managed care entity (as defined in
section 1932(a)(1)(B) of the Social Security Act) or other
managed care organization, or health insurance issuer offering
group or individual health insurance coverage; and
``(3) the term `State All Payer Claims Database' means, with
respect to a State, a database that may include medical claims,
pharmacy claims, dental claims, and eligibility and provider
files, which are collected from private and public payers.
``(h) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $50,000,000 for each
[[Page 134 STAT. 2877]]
of fiscal years 2022 and 2023, and $25,000,000 for fiscal year 2024, to
remain available until expended.''.
(b) Standardized Reporting Format.--
Subpart C of part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1191 et seq.)
is amended by adding at the end the following:
``SEC. 735. <<NOTE: 29 USC 1191d.>> STANDARDIZED REPORTING
FORMAT.
``(a) <<NOTE: Deadline. Updates.>> In General.--Not later than 1
year after the date of enactment of this section, the Secretary shall
establish (and periodically update) a standardized reporting format for
the voluntary reporting, by group health plans to State All Payer Claims
Databases, of medical claims, pharmacy claims, dental claims, and
eligibility and provider files that are collected from private and
public payers, and shall provide guidance to States on the process by
which States may collect such data from such plans in the standardized
reporting format.
``(b) <<NOTE: Deadlines.>> Consultation.--
``(1) Advisory committee.--Not later than 90 days after the
date of enactment of this section, the Secretary shall convene
an Advisory Committee (referred to in this section as the
`Committee'), consisting of 15 members to advise the Secretary
regarding the format and guidance described in paragraph (1).
``(2) Membership.--
``(A) <<NOTE: Coordination.>> Appointment.--In
accordance with subparagraph (B), not later than 90 days
after the date of enactment this section, the Secretary,
in coordination with the Secretary of Health and Human
Services, shall appoint under subparagraph (B)(iii), and
the Comptroller General of the United States shall
appoint under subparagraph (B)(iv), members who have
distinguished themselves in the fields of health
services research, health economics, health informatics,
data privacy and security, or the governance of State
All Payer Claims Databases, or who represent
organizations likely to submit data to or use the
database, including patients, employers, or employee
organizations that sponsor group health plans, health
care providers, health insurance issuers, or third-party
administrators of group health plans. <<NOTE: Time
period.>> Such members shall serve 3-year terms on a
staggered basis. Vacancies on the Committee shall be
filled by appointment consistent with this paragraph not
later than 3 months after the vacancy arises.
``(B) Composition.--The Committee shall be comprised
of--
``(i) the Assistant Secretary of Employee
Benefits and Security Administration of the
Department of Labor, or a designee of such
Assistant Secretary;
``(ii) the Assistant Secretary for Planning
and Evaluation of the Department of Health and
Human Services, or a designee of such Assistant
Secretary;
``(iii) members appointed by the Secretary, in
coordination with the Secretary of Health and
Human Services, including--
``(I) 1 member to serve as the chair
of the Committee;
[[Page 134 STAT. 2878]]
``(II) 1 representative of the
Centers for Medicare & Medicaid
Services;
``(III) 1 representative of the
Agency for Healthcare Research and
Quality;
``(IV) 1 representative of the
Office for Civil Rights of the
Department of Health and Human Services
with expertise in data privacy and
security;
``(V) 1 representative of the
National Center for Health Statistics;
``(VI) 1 representative of the
Office of the National Coordinator for
Health Information Technology; and
``(VII) 1 representative of a State
All-Payer Claims Database;
``(iv) members appointed by the Comptroller
General of the United States, including--
``(I) 1 representative of an
employer that sponsors a group health
plan;
``(II) 1 representative of an
employee organization that sponsors a
group health plan;
``(III) 1 academic researcher with
expertise in health economics or health
services research;
``(IV) 1 consumer advocate; and
``(V) 2 additional members.
``(3) Report.--Not later than 180 days after the date of
enactment of this section, the Committee shall report to the
Secretary, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and Commerce
and the Committee on Education and Labor of the House of
Representatives. <<NOTE: Recommenda- tions.>> Such report shall
include recommendations on the establishment of the format and
guidance described in subsection (a).
``(c) <<NOTE: Definition.>> State All Payer Claims Database.--In
this section, the term `State All Payer Claims Database' means, with
respect to a State, a database that may include medical claims, pharmacy
claims, dental claims, and eligibility and provider files, which are
collected from private and public payers.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for fiscal year 2021,
to remain available until expended or, if sooner, until the date
described in subsection (e).
``(e) Sunset.--Beginning on the date on which the report is
submitted under subsection (b)(3), subsection (b) shall have no force or
effect.''.
SEC. 116. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF
PROVIDER DIRECTORY INFORMATION.
(a) PHSA.--Part D of title XXVII of the Public Health Service Act
(42 U.S.C. 300gg et seq.), as added and amended by section 102 and
further amended by the previous provisions of this title, is further
amended by inserting after section 2799A-4 the following:
``SEC. 2799A-5. <<NOTE: 42 USC 300gg-115.>> PROTECTING PATIENTS
AND IMPROVING THE ACCURACY OF
PROVIDER DIRECTORY INFORMATION.
``(a) Provider Directory Information Requirements.--
``(1) <<NOTE: Effective date.>> In general.--For plan years
beginning on or after January 1, 2022, each group health plan
and health insurance
[[Page 134 STAT. 2879]]
issuer offering group or individual health insurance coverage
shall--
``(A) establish the verification process described
in paragraph (2);
``(B) establish the response protocol described in
paragraph (3);
``(C) establish the database described in paragraph
(4); and
``(D) include in any directory (other than the
database described in subparagraph (C)) containing
provider directory information with respect to such plan
or such coverage the information described in paragraph
(5).
``(2) <<NOTE: Updates.>> Verification process.--The
verification process described in this paragraph is, with
respect to a group health plan or a health insurance issuer
offering group or individual health insurance coverage, a
process--
``(A) <<NOTE: Time period.>> under which, not less
frequently than once every 90 days, such plan or such
issuer (as applicable) verifies and updates the provider
directory information included on the database described
in paragraph (4) of such plan or issuer of each health
care provider and health care facility included in such
database;
``(B) <<NOTE: Procedures.>> that establishes a
procedure for the removal of such a provider or facility
with respect to which such plan or issuer has been
unable to verify such information during a period
specified by the plan or issuer; and
``(C) <<NOTE: Deadline.>> that provides for the
update of such database within 2 business days of such
plan or issuer receiving from such a provider or
facility information pursuant to section 2799B-9.
``(3) Response protocol.--The response protocol described in
this paragraph is, in the case of an individual enrolled under a
group health plan or group or individual health insurance
coverage offered by a health insurance issuer who requests
information through a telephone call or electronic, web-based,
or Internet-based means on whether a health care provider or
health care facility has a contractual relationship to furnish
items and services under such plan or such coverage, a protocol
under which such plan or such issuer (as applicable), in the
case such request is made through a telephone call--
``(A) <<NOTE: Deadline.>> responds to such
individual as soon as practicable and in no case later
than 1 business day after such call is received, through
a written electronic or print (as requested by such
individual) communication; and
``(B) <<NOTE: Time period.>> retains such
communication in such individual's file for at least 2
years following such response.
``(4) Database.--The database described in this paragraph
is, with respect to a group health plan or health insurance
issuer offering group or individual health insurance coverage, a
database on the public website of such plan or issuer that
contains--
``(A) <<NOTE: List.>> a list of each health care
provider and health care facility with which such plan
or such issuer has a direct or indirect contractual
relationship for furnishing items and services under
such plan or such coverage; and
``(B) provider directory information with respect to
each such provider and facility.
[[Page 134 STAT. 2880]]
``(5) Information.--The information described in this
paragraph is, with respect to a print directory containing
provider directory information with respect to a group health
plan or individual or group health insurance coverage offered by
a health insurance issuer, a notification that such information
contained in such directory was accurate as of the date of
publication of such directory and that an individual enrolled
under such plan or such coverage should consult the database
described in paragraph (4) with respect to such plan or such
coverage or contact such plan or the issuer of such coverage to
obtain the most current provider directory information with
respect to such plan or such coverage.
``(6) Definition.--For purposes of this subsection, the term
`provider directory information' includes, with respect to a
group health plan and a health insurance issuer offering group
or individual health insurance coverage, the name, address,
specialty, telephone number, and digital contact information of
each health care provider or health care facility with which
such plan or such issuer has a contractual relationship for
furnishing items and services under such plan or such coverage.
``(7) Rule of construction.--Nothing in this section shall
be construed to preempt any provision of State law relating to
health care provider directories.
``(b) Cost-sharing for Services Provided Based on Reliance on
Incorrect Provider Network Information.--
``(1) <<NOTE: Effective date.>> In general.--For plan years
beginning on or after January 1, 2022, in the case of an item or
service furnished to a participant, beneficiary, or enrollee of
a group health plan or group or individual health insurance
coverage offered by a health insurance issuer by a
nonparticipating provider or a nonparticipating facility, if
such item or service would otherwise be covered under such plan
or coverage if furnished by a participating provider or
participating facility and if either of the criteria described
in paragraph (2) applies with respect to such participant,
beneficiary, or enrollee and item or service, the plan or
coverage--
``(A) shall not impose on such participant,
beneficiary, or enrollee a cost-sharing amount for such
item or service so furnished that is greater than the
cost-sharing amount that would apply under such plan or
coverage had such item or service been furnished by a
participating provider; and
``(B) <<NOTE: Applicability.>> shall apply the
deductible or out-of-pocket maximum, if any, that would
apply if such services were furnished by a participating
provider or a participating facility.
``(2) Criteria described.--For purposes of paragraph (1),
the criteria described in this paragraph, with respect to an
item or service furnished to a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer by a
nonparticipating provider or a nonparticipating facility, are
the following:
``(A) The participant, beneficiary, or enrollee
received through a database, provider directory, or
response protocol described in subsection (a)
information with respect to such item and service to be
furnished and such information
[[Page 134 STAT. 2881]]
provided that the provider was a participating provider
or facility was a participating facility, with respect
to the plan for furnishing such item or service.
``(B) The information was not provided, in
accordance with subsection (a), to the participant,
beneficiary, or enrollee and the participant,
beneficiary, or enrollee requested through the response
protocol described in subsection (a)(3) of the plan or
coverage information on whether the provider was a
participating provider or facility was a participating
facility with respect to the plan for furnishing such
item or service and was informed through such protocol
that the provider was such a participating provider or
facility was such a participating facility.
``(c) <<NOTE: Effective date. Public information. Web
posting. Applicability.>> Disclosure on Patient Protections Against
Balance Billing.--For plan years beginning on or after January 1, 2022,
each group health plan and health insurance issuer offering group or
individual health insurance coverage shall make publicly available, post
on a public website of such plan or issuer, and include on each
explanation of benefits for an item or service with respect to which the
requirements under section 2799A-1 applies--
``(1) <<NOTE: Requirements.>> information in plain language
on--
``(A) the requirements and prohibitions applied
under sections 2799B-1 and 2799B-2 (relating to
prohibitions on balance billing in certain
circumstances);
``(B) if provided for under applicable State law,
any other requirements on providers and facilities
regarding the amounts such providers and facilities may,
with respect to an item or service, charge a
participant, beneficiary, or enrollee of such plan or
coverage with respect to which such a provider or
facility does not have a contractual relationship for
furnishing such item or service under the plan or
coverage after receiving payment from the plan or
coverage for such item or service and any applicable
cost sharing payment from such participant, beneficiary,
or enrollee; and
``(C) the requirements applied under section 2799A-
1; and
``(2) information on contacting appropriate State and
Federal agencies in the case that an individual believes that
such a provider or facility has violated any requirement
described in paragraph (1) with respect to such individual.''.
(b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.), as amended by sections 102, 105, 113, and 114, is further amended
by inserting after section 719 the following:
``SEC. 720. <<NOTE: 29 USC 1185i.>> PROTECTING PATIENTS AND
IMPROVING THE ACCURACY OF PROVIDER
DIRECTORY INFORMATION.
``(a) Provider Directory Information Requirements.--
``(1) <<NOTE: Effective date.>> In general.--For plan years
beginning on or after January 1, 2022, each group health plan
and health insurance issuer offering group health insurance
coverage shall--
``(A) establish the verification process described
in paragraph (2);
``(B) establish the response protocol described in
paragraph (3);
[[Page 134 STAT. 2882]]
``(C) establish the database described in paragraph
(4); and
``(D) include in any directory (other than the
database described in subparagraph (C)) containing
provider directory information with respect to such plan
or such coverage the information described in paragraph
(5).
``(2) <<NOTE: Updates.>> Verification process.--The
verification process described in this paragraph is, with
respect to a group health plan or a health insurance issuer
offering group health insurance coverage, a process--
``(A) <<NOTE: Time period.>> under which, not less
frequently than once every 90 days, such plan or such
issuer (as applicable) verifies and updates the provider
directory information included on the database described
in paragraph (4) of such plan or issuer of each health
care provider and health care facility included in such
database;
``(B) <<NOTE: Procedures.>> that establishes a
procedure for the removal of such a provider or facility
with respect to which such plan or issuer has been
unable to verify such information during a period
specified by the plan or issuer; and
``(C) <<NOTE: Deadline.>> that provides for the
update of such database within 2 business days of such
plan or issuer receiving from such a provider or
facility information pursuant to section 2799B-9 of the
Public Health Service Act.
``(3) Response protocol.--The response protocol described in
this paragraph is, in the case of an individual enrolled under a
group health plan or group health insurance coverage offered by
a health insurance issuer who requests information through a
telephone call or electronic, web-based, or Internet-based means
on whether a health care provider or health care facility has a
contractual relationship to furnish items and services under
such plan or such coverage, a protocol under which such plan or
such issuer (as applicable), in the case such request is made
through a telephone call--
``(A) <<NOTE: Deadline.>> responds to such
individual as soon as practicable and in no case later
than 1 business day after such call is received, through
a written electronic or print (as requested by such
individual) communication; and
``(B) <<NOTE: Time period.>> retains such
communication in such individual's file for at least 2
years following such response.
``(4) Database.--The database described in this paragraph
is, with respect to a group health plan or health insurance
issuer offering group health insurance coverage, a database on
the public website of such plan or issuer that contains--
``(A) <<NOTE: List.>> a list of each health care
provider and health care facility with which such plan
or such issuer has a direct or indirect contractual
relationship for furnishing items and services under
such plan or such coverage; and
``(B) provider directory information with respect to
each such provider and facility.
``(5) Information.--The information described in this
paragraph is, with respect to a print directory containing
provider directory information with respect to a group health
plan or group health insurance coverage offered by a health
insurance issuer, a notification that such information contained
in such directory was accurate as of the date of publication of
such directory and that an individual enrolled under such plan
or
[[Page 134 STAT. 2883]]
such coverage should consult the database described in paragraph
(4) with respect to such plan or such coverage or contact such
plan or the issuer of such coverage to obtain the most current
provider directory information with respect to such plan or such
coverage.
``(6) Definition.--For purposes of this subsection, the term
`provider directory information' includes, with respect to a
group health plan and a health insurance issuer offering group
health insurance coverage, the name, address, specialty,
telephone number, and digital contact information of each health
care provider or health care facility with which such plan or
such issuer has a contractual relationship for furnishing items
and services under such plan or such coverage.
``(7) Rule of construction.--Nothing in this section shall
be construed to preempt any provision of State law relating to
health care provider directories, to the extent such State law
applies to such plan, coverage, or issuer, subject to section
514.
``(b) Cost-sharing for Services Provided Based on Reliance on
Incorrect Provider Network Information.--
``(1) <<NOTE: Effective date.>> In general.--For plan years
beginning on or after January 1, 2022, in the case of an item or
service furnished to a participant or beneficiary of a group
health plan or group health insurance coverage offered by a
health insurance issuer by a nonparticipating provider or a
nonparticipating facility, if such item or service would
otherwise be covered under such plan or coverage if furnished by
a participating provider or participating facility and if either
of the criteria described in paragraph (2) applies with respect
to such participant or beneficiary and item or service, the plan
or coverage--
``(A) shall not impose on such participant or
beneficiary a cost-sharing amount for such item or
service so furnished that is greater than the cost-
sharing amount that would apply under such plan or
coverage had such item or service been furnished by a
participating provider; and
``(B) <<NOTE: Applicability.>> shall apply the
deductible or out-of-pocket maximum, if any, that would
apply if such services were furnished by a participating
provider or a participating facility.
``(2) Criteria described.--For purposes of paragraph (1),
the criteria described in this paragraph, with respect to an
item or service furnished to a participant or beneficiary of a
group health plan or group health insurance coverage offered by
a health insurance issuer by a nonparticipating provider or a
nonparticipating facility, are the following:
``(A) The participant or beneficiary received
through a database, provider directory, or response
protocol described in subsection (a) information with
respect to such item and service to be furnished and
such information provided that the provider was a
participating provider or facility was a participating
facility, with respect to the plan for furnishing such
item or service.
``(B) The information was not provided, in
accordance with subsection (a), to the participant or
beneficiary and the participant or beneficiary requested
through the response protocol described in subsection
(a)(3) of the plan or coverage information on whether
the provider was a
[[Page 134 STAT. 2884]]
participating provider or facility was a participating
facility with respect to the plan for furnishing such
item or service and was informed through such protocol
that the provider was such a participating provider or
facility was such a participating facility.
``(c) <<NOTE: Effective date. Public information. Web
posting. Applicability.>> Disclosure on Patient Protections Against
Balance Billing.--For plan years beginning on or after January 1, 2022,
each group health plan and health insurance issuer offering group health
insurance coverage shall make publicly available, post on a public
website of such plan or issuer, and include on each explanation of
benefits for an item or service with respect to which the requirements
under section 716 applies--
``(1) information in plain language on--
``(A) <<NOTE: Requirements.>> the requirements and
prohibitions applied under sections 2799B-1 and 2799B-2
of the Public Health Service Act (relating to
prohibitions on balance billing in certain
circumstances);
``(B) if provided for under applicable State law,
any other requirements on providers and facilities
regarding the amounts such providers and facilities may,
with respect to an item or service, charge a participant
or beneficiary of such plan or coverage with respect to
which such a provider or facility does not have a
contractual relationship for furnishing such item or
service under the plan or coverage after receiving
payment from the plan or coverage for such item or
service and any applicable cost sharing payment from
such participant or beneficiary; and
``(C) the requirements applied under section 716;
and
``(2) information on contacting appropriate State and
Federal agencies in the case that an individual believes that
such a provider or facility has violated any requirement
described in paragraph (1) with respect to such individual.''.
(c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
of 1986, as amended by sections 102, 105, 113, and 114, is further
amended by inserting after section 9819 the following:
``SEC. 9820. <<NOTE: 26 USC 9820.>> PROTECTING PATIENTS AND
IMPROVING THE ACCURACY OF PROVIDER
DIRECTORY INFORMATION.
``(a) Provider Directory Information Requirements.--
``(1) <<NOTE: Effective date.>> In general.--For plan years
beginning on or after January 1, 2022, each group health plan
shall--
``(A) establish the verification process described
in paragraph (2);
``(B) establish the response protocol described in
paragraph (3);
``(C) establish the database described in paragraph
(4); and
``(D) include in any directory (other than the
database described in subparagraph (C)) containing
provider directory information with respect to such plan
the information described in paragraph (5).
``(2) <<NOTE: Updates.>> Verification process.--The
verification process described in this paragraph is, with
respect to a group health plan, a process--
``(A) <<NOTE: Time period.>> under which, not less
frequently than once every 90 days, such plan verifies
and updates the provider directory information included
on the database described in
[[Page 134 STAT. 2885]]
paragraph (4) of such plan or issuer of each health care
provider and health care facility included in such
database;
``(B) <<NOTE: Procedures.>> that establishes a
procedure for the removal of such a provider or facility
with respect to which such plan or issuer has been
unable to verify such information during a period
specified by the plan or issuer; and
``(C) <<NOTE: Deadline.>> that provides for the
update of such database within 2 business days of such
plan or issuer receiving from such a provider or
facility information pursuant to section 2799B-9 of the
Public Health Service Act.
``(3) Response protocol.--The response protocol described in
this paragraph is, in the case of an individual enrolled under a
group health plan who requests information through a telephone
call or electronic, web-based, or Internet-based means on
whether a health care provider or health care facility has a
contractual relationship to furnish items and services under
such plan, a protocol under which such plan or such issuer (as
applicable), in the case such request is made through a
telephone call--
``(A) <<NOTE: Deadline.>> responds to such
individual as soon as practicable and in no case later
than 1 business day after such call is received, through
a written electronic or print (as requested by such
individual) communication; and
``(B) <<NOTE: Time period.>> retains such
communication in such individual's file for at least 2
years following such response.
``(4) Database.--The database described in this paragraph
is, with respect to a group health plan, a database on the
public website of such plan or issuer that contains--
``(A) <<NOTE: List.>> a list of each health care
provider and health care facility with which such plan
or such issuer has a direct or indirect contractual
relationship for furnishing items and services under
such plan; and
``(B) provider directory information with respect to
each such provider and facility.
``(5) Information.--The information described in this
paragraph is, with respect to a print directory containing
provider directory information with respect to a group health
plan, a notification that such information contained in such
directory was accurate as of the date of publication of such
directory and that an individual enrolled under such plan should
consult the database described in paragraph (4) with respect to
such plan or contact such plan to obtain the most current
provider directory information with respect to such plan.
``(6) Definition.--For purposes of this subsection, the term
`provider directory information' includes, with respect to a
group health plan, the name, address, specialty, telephone
number, and digital contact information of each health care
provider or health care facility with which such plan has a
contractual relationship for furnishing items and services under
such plan.
``(7) Rule of construction.--Nothing in this section shall
be construed to preempt any provision of State law relating to
health care provider directories.
``(b) Cost-sharing for Services Provided Based on Reliance on
Incorrect Provider Network Information.--
``(1) <<NOTE: Effective date.>> In general.--For plan years
beginning on or after January 1, 2022, in the case of an item or
service furnished to a participant or beneficiary of a group
health plan by a
[[Page 134 STAT. 2886]]
nonparticipating provider or a nonparticipating facility, if
such item or service would otherwise be covered under such plan
if furnished by a participating provider or participating
facility and if either of the criteria described in paragraph
(2) applies with respect to such participant or beneficiary and
item or service, the plan--
``(A) shall not impose on such participant or
beneficiary a cost-sharing amount for such item or
service so furnished that is greater than the cost-
sharing amount that would apply under such plan had such
item or service been furnished by a participating
provider; and
``(B) <<NOTE: Applicability.>> shall apply the
deductible or out-of-pocket maximum, if any, that would
apply if such services were furnished by a participating
provider or a participating facility.
``(2) Criteria described.--For purposes of paragraph (1),
the criteria described in this paragraph, with respect to an
item or service furnished to a participant or beneficiary of a
group health plan by a nonparticipating provider or a
nonparticipating facility, are the following:
``(A) The participant or beneficiary received
through a database, provider directory, or response
protocol described in subsection (a) information with
respect to such item and service to be furnished and
such information provided that the provider was a
participating provider or facility was a participating
facility, with respect to the plan for furnishing such
item or service.
``(B) The information was not provided, in
accordance with subsection (a), to the participant or
beneficiary and the participant or beneficiary requested
through the response protocol described in subsection
(a)(3) of the plan information on whether the provider
was a participating provider or facility was a
participating facility with respect to the plan for
furnishing such item or service and was informed through
such protocol that the provider was such a participating
provider or facility was such a participating facility.
``(c) <<NOTE: Effective date. Public information. Web
posting. Applicability.>> Disclosure on Patient Protections Against
Balance Billing.--For plan years beginning on or after January 1, 2022,
each group health plan shall make publicly available, post on a public
website of such plan or issuer, and include on each explanation of
benefits for an item or service with respect to which the requirements
under section 9816 applies--
``(1) information in plain language on--
``(A) <<NOTE: Requirements.>> the requirements and
prohibitions applied under sections 2799B-1 and 2799B-2
of the Public Health Service Act(relating to
prohibitions on balance billing in certain
circumstances);
``(B) if provided for under applicable State law,
any other requirements on providers and facilities
regarding the amounts such providers and facilities may,
with respect to an item or service, charge a participant
or beneficiary of such plan with respect to which such a
provider or facility does not have a contractual
relationship for furnishing such item or service under
the plan after receiving payment from the plan for such
item or service and any
[[Page 134 STAT. 2887]]
applicable cost sharing payment from such participant or
beneficiary; and
``(C) the requirements applied under section 9816;
and
``(2) information on contacting appropriate State and
Federal agencies in the case that an individual believes that
such a provider or facility has violated any requirement
described in paragraph (1) with respect to such individual.''.
(d) Clerical Amendments.--
(1) ERISA.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.), as amended by the previous provisions of this title,
is further amended by inserting after the item relating to
section 719 the following new item:
``720. Protecting patients and improving the accuracy of provider
directory information.''.
(2) IRC.--The table of sections for subchapter B of chapter
100 of the Internal Revenue Code of 1986, as amended by the
previous provisions of this title, <<NOTE: 26 USC 9811 prec.>>
is further amended by inserting after the item relating to
section 9819 the following new item:
``9820. Protecting patients and improving the accuracy of provider
directory information.''.
(e) Provider Requirements.--Part E of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
and as further amended by the previous provisions of this title, is
further amended by adding at the end the following:
``SEC. 2799B-9. <<NOTE: 42 USC 300gg-139.>> PROVIDER REQUIREMENTS
TO PROTECT PATIENTS AND IMPROVE THE
ACCURACY OF PROVIDER DIRECTORY
INFORMATION.
``(a) <<NOTE: Effective date.>> Provider Business Processes.--
Beginning not later than January 1, 2022, each health care provider and
each health care facility shall have in place business processes to
ensure the timely provision of provider directory information to a group
health plan or a health insurance issuer offering group or individual
health insurance coverage to support compliance by such plans or issuers
with section 2799A-5(a)(1), section 720(a)(1) of the Employee Retirement
Income Security Act of 1974, or section 9820(a)(1) of the Internal
Revenue Code of 1986, as applicable. Such providers shall submit
provider directory information to a plan or issuers, at a minimum--
``(1) when the provider or facility begins a network
agreement with a plan or with an issuer with respect to certain
coverage;
``(2) when the provider or facility terminates a network
agreement with a plan or with an issuer with respect to certain
coverage;
``(3) when there are material changes to the content of
provider directory information of the provider or facility
described in section 2799A-5(a)(1), section 720(a)(1) of the
Employee Retirement Income Security Act of 1974, or section
9820(a)(1) of the Internal Revenue Code of 1986, as applicable;
and
[[Page 134 STAT. 2888]]
``(4) at any other time (including upon the request of such
issuer or plan) determined appropriate by the provider,
facility, or the Secretary.
``(b) <<NOTE: Reimbursement. Determination.>> Refunds to
Enrollees.--If a health care provider submits a bill to an enrollee
based on cost-sharing for treatment or services provided by the health
care provider that is in excess of the normal cost-sharing applied for
such treatment or services provided in-network, as prohibited under
section 2799A-5(b), section 720(b) of the Employee Retirement Income
Security Act of 1974, or section 9820(b) of the Internal Revenue Code of
1986, as applicable, and the enrollee pays such bill, the provider shall
reimburse the enrollee for the full amount paid by the enrollee in
excess of the in-network cost-sharing amount for the treatment or
services involved, plus interest, at an interest rate determined by the
Secretary.
``(c) Limitation.--Nothing in this section shall prohibit a provider
from requiring in the terms of a contract, or contract termination, with
a group health plan or health insurance issuer--
``(1) that the plan or issuer remove, at the time of
termination of such contract, the provider from a directory of
the plan or issuer described in section 2799A-5(a), section
720(a) of the Employee Retirement Income Security Act of 1974,
or section 9820(a) of the Internal Revenue Code of 1986, as
applicable; or
``(2) that the plan or issuer bear financial responsibility,
including under section 2799A-5(b), section 720(b) of the
Employee Retirement Income Security Act of 1974, or section
9820(b) of the Internal Revenue Code of 1986, as applicable, for
providing inaccurate network status information to an enrollee.
``(d) Definition.--For purposes of this section, the term `provider
directory information' includes the names, addresses, specialty,
telephone numbers, and digital contact information of individual health
care providers, and the names, addresses, telephone numbers, and digital
contact information of each medical group, clinic, or facility
contracted to participate in any of the networks of the group health
plan or health insurance coverage involved.
``(e) Rule of Construction.--Nothing in this section shall be
construed to preempt any provision of State law relating to health care
provider directories.''.
SEC. 117. ADVISORY COMMITTEE ON GROUND AMBULANCE AND PATIENT
BILLING.
(a) <<NOTE: Deadline. Establishment. Review. Disclosure.>> In
General.--Not later than 90 days after the date of enactment of this
Act, the Secretary of Labor, Secretary of Health and Human Services, and
the Secretary of the Treasury (the Secretaries) shall jointly establish
an advisory committee for the purpose of reviewing options to improve
the disclosure of charges and fees for ground ambulance services, better
inform consumers of insurance options for such services, and protect
consumers from balance billing.
(b) Composition of the Advisory Committee.--The advisory committee
shall be composed of the following members:
(1) The Secretary of Labor, or the Secretary's designee.
(2) The Secretary of Health and Human Services, or the
Secretary's designee.
(3) The Secretary of the Treasury, or the Secretary's
designee.
[[Page 134 STAT. 2889]]
(4) <<NOTE: Appointments.>> One representative, to be
appointed jointly by the Secretaries, for each of the following:
(A) Each relevant Federal agency, as determined by
the Secretaries.
(B) State insurance regulators.
(C) Health insurance providers.
(D) Patient advocacy groups.
(E) Consumer advocacy groups.
(F) State and local governments.
(G) Physician specializing in emergency, trauma,
cardiac, or stroke.
(H) State Emergency Medical Services Officials.
(I) Emergency medical technicians, paramedics, and
other emergency medical services personnel.
(5) <<NOTE: Appointments.>> Three representatives, to be
appointed jointly by the Secretaries, to represent the various
segments of the ground ambulance industry.
(6) Up to an additional 2 representatives otherwise not
described in paragraphs (1) through (5), as determined necessary
and appropriate by the Secretaries.
(c) Consultation.--The advisory committee shall, as appropriate,
consult with relevant experts and stakeholders, including those not
otherwise included under subsection (b), while conducting the review
described in subsection (a).
(d) Recommendations.--The advisory committee shall make
recommendations with respect to disclosure of charges and fees for
ground ambulance services and insurance coverage, consumer protection
and enforcement authorities of the Departments of Labor, Health and
Human Services, and the Treasury and State authorities, and the
prevention of balance billing to consumers. The recommendations shall
address, at a minimum--
(1) options, best practices, and identified standards to
prevent instances of balance billing;
(2) steps that can be taken by State legislatures, State
insurance regulators, State attorneys general, and other State
officials as appropriate, consistent with current legal
authorities regarding consumer protection; and
(3) legislative options for Congress to prevent balance
billing.
(e) Report.--Not later than 180 days after the date of the first
meeting of the advisory committee, the advisory committee shall submit
to the Secretaries, and the Committees on Education and Labor, Energy
and Commerce, and Ways and Means of the House of Representatives and the
Committees on Finance and Health, Education, Labor, and Pensions a
report containing the recommendations made under subsection (d).
SEC. 118. IMPLEMENTATION FUNDING.
(a) In General.--For the purposes described in subsection (b), there
are appropriated, out of amounts in the Treasury not otherwise
appropriated, to the Secretary of Health and Human Services, the
Secretary of Labor, and the Secretary of the Treasury, $500,000,000 for
fiscal year 2021, to remain available until expended through 2024.
[[Page 134 STAT. 2890]]
(b) Permitted Purposes.--The purposes described in this subsection
are limited to the following purposes, insofar as such purposes are to
carry out the provisions of, including the amendments made by, this
title and title II:
(1) <<NOTE: Regulations.>> Preparing, drafting, and issuing
proposed and final regulations or interim regulations.
(2) <<NOTE: Public information.>> Preparing, drafting, and
issuing guidance and public information.
(3) Preparing and holding public meetings.
(4) <<NOTE: Reports.>> Preparing, drafting, and publishing
reports.
(5) Enforcement of such provisions.
(6) <<NOTE: Analysis. Data.>> Reporting, collection, and
analysis of data.
(7) Establishment and initial implementation of the
processes for independent dispute resolution and implementation
of patient-provider dispute resolution under such provisions.
(8) <<NOTE: Audits.>> Conducting audits.
(9) Other administrative duties necessary for implementation
of such provisions.
(c) <<NOTE: Reports.>> Transparency of Implementation Funds.--Each
Secretary described in subsection (a) shall annually submit to the
Committees on Energy and Commerce, on Ways and Means, on Education and
Labor, and on Appropriations of the House of Representatives and on the
Committees on Health, Education, Labor, and Pensions and on
Appropriations of the Senate a report on funds expended pursuant to
funds appropriated under this section.
TITLE II--TRANSPARENCY
SEC. 201. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE
AND QUALITY INFORMATION.
(a) PHSA.--Part D of title XXVII of the Public Health Service Act
(42 U.S.C. 300gg et seq.), as added and amended by title I, is further
amended by adding at the end the following:
``SEC. 2799A-9. <<NOTE: 42 USC 300gg-119.>> INCREASING
TRANSPARENCY BY REMOVING GAG CLAUSES
ON PRICE AND QUALITY INFORMATION.
``(a) Increasing Price and Quality Transparency for Plan Sponsors
and Group and Individual Market Consumers.--
``(1) Group health plans.--A group health plan or health
insurance issuer offering group health insurance coverage may
not enter into an agreement with a health care provider, network
or association of providers, third-party administrator, or other
service provider offering access to a network of providers that
would directly or indirectly restrict a group health plan or
health insurance issuer offering such coverage from--
``(A) providing provider-specific cost or quality of
care information or data, through a consumer engagement
tool or any other means, to referring providers, the
plan sponsor, enrollees, or individuals eligible to
become enrollees of the plan or coverage;
``(B) electronically accessing de-identified claims
and encounter information or data for each enrollee in
the plan or coverage, upon request and consistent with
the privacy regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996, the amendments made by the
Genetic Information
[[Page 134 STAT. 2891]]
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990, including, on a per claim
basis--
``(i) financial information, such as the
allowed amount, or any other claim-related
financial obligations included in the provider
contract;
``(ii) provider information, including name
and clinical designation;
``(iii) service codes; or
``(iv) any other data element included in
claim or encounter transactions; or
``(C) sharing information or data described in
subparagraph (A) or (B), or directing that such data be
shared, with a business associate as defined in section
160.103 of title 45, Code of Federal Regulations (or
successor regulations), consistent with the privacy
regulations promulgated pursuant to section 264(c) of
the Health Insurance Portability and Accountability Act
of 1996, the amendments made by the Genetic Information
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990.
``(2) Individual health insurance coverage.--A health
insurance issuer offering individual health insurance coverage
may not enter into an agreement with a health care provider,
network or association of providers, or other service provider
offering access to a network of providers that would directly or
indirectly restrict the health insurance issuer from--
``(A) providing provider-specific price or quality
of care information, through a consumer engagement tool
or any other means, to referring providers, enrollees,
or individuals eligible to become enrollees of the plan
or coverage; or
``(B) sharing, for plan design, plan administration,
and plan, financial, legal, and quality improvement
activities, data described in subparagraph (A) with a
business associate as defined in section 160.103 of
title 45, Code of Federal Regulations (or successor
regulations), consistent with the privacy regulations
promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996,
the amendments made by the Genetic Information
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990.
``(3) Clarification regarding public disclosure of
information.--Nothing in paragraph (1)(A) or (2)(A) prevents a
health care provider, network or association of providers, or
other service provider from placing reasonable restrictions on
the public disclosure of the information described in such
paragraphs (1) and (2).
``(4) <<NOTE: Time period. Compliance.>> Attestation.--A
group health plan or a health insurance issuer offering group or
individual health insurance coverage shall annually submit to
the Secretary an attestation that such plan or issuer of such
coverage is in compliance with the requirements of this
subsection.
``(5) Rules of construction.--Nothing in this section shall
be construed to modify or eliminate existing privacy protections
and standards under State and Federal law. Nothing in this
subsection shall be construed to otherwise limit access by a
group health plan, plan sponsor, or health insurance issuer to
data as permitted under the privacy regulations promulgated
[[Page 134 STAT. 2892]]
pursuant to section 264(c) of the Health Insurance Portability
and Accountability Act of 1996, the amendments made by the
Genetic Information Nondiscrimination Act of 2008, and the
Americans with Disabilities Act of 1990.''.
(b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.), as amended by title I, is further amended by adding at the end
the following:
``SEC. 724. <<NOTE: 29 USC 1185m.>> INCREASING TRANSPARENCY BY
REMOVING GAG CLAUSES ON PRICE AND
QUALITY INFORMATION.
``(a) Increasing Price and Quality Transparency for Plan Sponsors
and Consumers.--
``(1) In general.--A group health plan (or an issuer of
health insurance coverage offered in connection with such a
plan) may not enter into an agreement with a health care
provider, network or association of providers, third-party
administrator, or other service provider offering access to a
network of providers that would directly or indirectly restrict
a group health plan or health insurance issuer offering such
coverage from--
``(A) providing provider-specific cost or quality of
care information or data, through a consumer engagement
tool or any other means, to referring providers, the
plan sponsor, participants or beneficiaries, or
individuals eligible to become participants or
beneficiaries of the plan or coverage;
``(B) electronically accessing de-identified claims
and encounter information or data for each participant
or beneficiary in the plan or coverage, upon request and
consistent with the privacy regulations promulgated
pursuant to section 264(c) of the Health Insurance
Portability and Accountability Act of 1996, the
amendments made by the Genetic Information
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990, including, on a per claim
basis--
``(i) financial information, such as the
allowed amount, or any other claim-related
financial obligations included in the provider
contract;
``(ii) provider information, including name
and clinical designation;
``(iii) service codes; or
``(iv) any other data element included in
claim or encounter transactions; or
``(C) sharing information or data described in
subparagraph (A) or (B), or directing that such data be
shared, with a business associate as defined in section
160.103 of title 45, Code of Federal Regulations (or
successor regulations), consistent with the privacy
regulations promulgated pursuant to section 264(c) of
the Health Insurance Portability and Accountability Act
of 1996, the amendments made by the Genetic Information
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990.
``(2) Clarification regarding public disclosure of
information.--Nothing in paragraph (1)(A) prevents a health care
provider, network or association of providers, or other service
provider from placing reasonable restrictions on the
[[Page 134 STAT. 2893]]
public disclosure of the information described in such paragraph
(1).
``(3) <<NOTE: Time period. Compliance.>> Attestation.--A
group health plan (or health insurance coverage offered in
connection with such a plan) shall annually submit to the
Secretary an attestation that such plan or issuer of such
coverage is in compliance with the requirements of this
subsection.
``(4) Rules of construction.--Nothing in this section shall
be construed to modify or eliminate existing privacy protections
and standards under State and Federal law. Nothing in this
subsection shall be construed to otherwise limit access by a
group health plan, plan sponsor, or health insurance issuer to
data as permitted under the privacy regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability
and Accountability Act of 1996, the amendments made by the
Genetic Information Nondiscrimination Act of 2008, and the
Americans with Disabilities Act of 1990.''.
(c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
of 1986, as amended by title I, is further amended by adding at the end
the following:
``SEC. 9824. <<NOTE: 26 USC 9824.>> INCREASING TRANSPARENCY BY
REMOVING GAG CLAUSES ON PRICE AND
QUALITY INFORMATION.
``(a) Increasing Price and Quality Transparency for Plan Sponsors
and Consumers.--
``(1) In general.--A group health plan may not enter into an
agreement with a health care provider, network or association of
providers, third-party administrator, or other service provider
offering access to a network of providers that would directly or
indirectly restrict a group health plan from--
``(A) providing provider-specific cost or quality of
care information or data, through a consumer engagement
tool or any other means, to referring providers, the
plan sponsor, participants or beneficiaries, or
individuals eligible to become participants or
beneficiaries of the plan;
``(B) electronically accessing de-identified claims
and encounter information or data for each participant
or beneficiary in the plan, upon request and consistent
with the privacy regulations promulgated pursuant to
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996, the amendments made by the
Genetic Information Nondiscrimination Act of 2008, and
the Americans with Disabilities Act of 1990, including,
on a per claim basis--
``(i) financial information, such as the
allowed amount, or any other claim-related
financial obligations included in the provider
contract;
``(ii) provider information, including name
and clinical designation;
``(iii) service codes; or
``(iv) any other data element included in
claim or encounter transactions; or
``(C) sharing information or data described in
subparagraph (A) or (B), or directing that such data be
shared, with a business associate as defined in section
160.103 of title 45, Code of Federal Regulations (or
successor regulations), consistent with the privacy
regulations promulgated
[[Page 134 STAT. 2894]]
pursuant to section 264(c) of the Health Insurance
Portability and Accountability Act of 1996, the
amendments made by the Genetic Information
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990.
``(2) Clarification regarding public disclosure of
information.--Nothing in paragraph (1)(A) prevents a health care
provider, network or association of providers, or other service
provider from placing reasonable restrictions on the public
disclosure of the information described in such paragraph (1).
``(3) <<NOTE: Time period. Compliance.>> Attestation.--A
group health plan shall annually submit to the Secretary an
attestation that such plan is in compliance with the
requirements of this subsection.
``(4) Rules of construction.--Nothing in this section shall
be construed to modify or eliminate existing privacy protections
and standards under State and Federal law. Nothing in this
subsection shall be construed to otherwise limit access by a
group health plan or plan sponsor to data as permitted under the
privacy regulations promulgated pursuant to section 264(c) of
the Health Insurance Portability and Accountability Act of 1996,
the amendments made by the Genetic Information Nondiscrimination
Act of 2008, and the Americans with Disabilities Act of 1990.''.
(d) Clerical Amendments.--
(1) ERISA.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.), as amended by title I, is further amended by inserting
after the item relating to section 723 the following new item:
``Sec. 724. Increasing transparency by removing gag clauses on price and
quality information.''.
(2) IRC.--The table of sections for subchapter B of chapter
100 of the Internal Revenue Code of 1986, as amended by title
I, <<NOTE: 26 USC 9811 prec.>> is further amended by adding at
the end the following new item:
``Sec. 9824. Increasing transparency by removing gag clauses on price
and quality information.''.
SEC. 202. DISCLOSURE OF DIRECT AND INDIRECT COMPENSATION FOR
BROKERS AND CONSULTANTS TO EMPLOYER-
SPON-
SORED HEALTH PLANS AND ENROLLEES IN
PLANS ON
THE INDIVIDUAL MARKET.
(a) Group Health Plans.--Section 408(b)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) is
amended--
(1) by striking ``(2) Contracting or making'' and inserting
``(2)(A) Contracting or making''; and
(2) by adding at the end the following:
``(B)(i) No contract or arrangement for services between a
covered plan and a covered service provider, and no extension or
renewal of such a contract or arrangement, is reasonable within
the meaning of this paragraph unless the requirements of this
clause are met.
``(ii)(I) <<NOTE: Definitions.>> For purposes of this
subparagraph:
[[Page 134 STAT. 2895]]
``(aa) The term `covered plan' means a group health
plan as defined section 733(a).
``(bb) The term `covered service provider' means a
service provider that enters into a contract or
arrangement with the covered plan and reasonably expects
$1,000 (or such amount as the Secretary may establish in
regulations to account for inflation since the date of
enactment of the Consolidated Appropriations Act, 2021,
as appropriate) or more in compensation, direct or
indirect, to be received in connection with providing
one or more of the following services, pursuant to the
contract or arrangement, regardless of whether such
services will be performed, or such compensation
received, by the covered service provider, an affiliate,
or a subcontractor:
``(AA) Brokerage services, for which the
covered service provider, an affiliate, or a
subcontractor reasonably expects to receive
indirect compensation or direct compensation
described in item (dd), provided to a covered plan
with respect to selection of insurance products
(including vision and dental), recordkeeping
services, medical management vendor, benefits
administration (including vision and dental),
stop-loss insurance, pharmacy benefit management
services, wellness services, transparency tools
and vendors, group purchasing organization
preferred vendor panels, disease management
vendors and products, compliance services,
employee assistance programs, or third party
administration services.
``(BB) Consulting, for which the covered
service provider, an affiliate, or a subcontractor
reasonably expects to receive indirect
compensation or direct compensation described in
item (dd), related to the development or
implementation of plan design, insurance or
insurance product selection (including vision and
dental), recordkeeping, medical management,
benefits administration selection (including
vision and dental), stop-loss insurance, pharmacy
benefit management services, wellness design and
management services, transparency tools, group
purchasing organization agreements and services,
participation in and services from preferred
vendor panels, disease management, compliance
services, employee assistance programs, or third
party administration services.
``(cc) The term `affiliate', with respect to a
covered service provider, means an entity that directly
or indirectly (through one or more intermediaries)
controls, is controlled by, or is under common control
with, such provider, or is an officer, director, or
employee of, or partner in, such provider.
``(dd)(AA) The term `compensation' means anything of
monetary value, but does not include non-monetary
compensation valued at $250 (or such amount as the
Secretary may establish in regulations to account for
inflation since the date of enactment of the
Consolidated Appropriations Act, 2021, as appropriate)
or less, in the aggregate, during the term of the
contract or arrangement.
[[Page 134 STAT. 2896]]
``(BB) The term `direct compensation' means
compensation received directly from a covered plan.
``(CC) The term `indirect compensation' means
compensation received from any source other than the
covered plan, the plan sponsor, the covered service
provider, or an affiliate. Compensation received from a
subcontractor is indirect compensation, unless it is
received in connection with services performed under a
contract or arrangement with a subcontractor.
``(ee) The term `responsible plan fiduciary' means a
fiduciary with authority to cause the covered plan to
enter into, or extend or renew, the contract or
arrangement.
``(ff) The term `subcontractor' means any person or
entity (or an affiliate of such person or entity) that
is not an affiliate of the covered service provider and
that, pursuant to a contract or arrangement with the
covered service provider or an affiliate, reasonably
expects to receive $1,000 (or such amount as the
Secretary may establish in regulations to account for
inflation since the date of enactment of the
Consolidated Appropriations Act, 2021, as appropriate)
or more in compensation for performing one or more
services described in item (bb) under a contract or
arrangement with the covered plan.
``(II) <<NOTE: Disclosure.>> For purposes of this
subparagraph, a description of compensation or cost may be
expressed as a monetary amount, formula, or a per capita charge
for each enrollee or, if the compensation or cost cannot
reasonably be expressed in such terms, by any other reasonable
method, including a disclosure that additional compensation may
be earned but may not be calculated at the time of contract if
such a disclosure includes a description of the circumstances
under which the additional compensation may be earned and a
reasonable and good faith estimate if the covered service
provider cannot otherwise readily describe compensation or cost
and explains the methodology and assumptions used to prepare
such estimate. Any such description shall contain sufficient
information to permit evaluation of the reasonableness of the
compensation or cost.
``(III) No person or entity is a `covered service provider'
within the meaning of subclause (I)(bb) solely on the basis of
providing services as an affiliate or a subcontractor that is
performing one or more of the services described in subitem (AA)
or (BB) of such subclause under the contract or arrangement with
the covered plan.
``(iii) <<NOTE: Disclosure.>> A covered service provider
shall disclose to a responsible plan fiduciary, in writing, the
following:
``(I) A description of the services to be provided
to the covered plan pursuant to the contract or
arrangement.
``(II) If applicable, a statement that the covered
service provider, an affiliate, or a subcontractor will
provide, or reasonably expects to provide, services
pursuant to the contract or arrangement directly to the
covered plan as a fiduciary (within the meaning of
section 3(21)).
``(III) A description of all direct compensation,
either in the aggregate or by service, that the covered
service provider, an affiliate, or a subcontractor
reasonably expects to receive in connection with the
services described in subclause (I).
[[Page 134 STAT. 2897]]
``(IV)(aa) A description of all indirect
compensation that the covered service provider, an
affiliate, or a subcontractor reasonably expects to
receive in connection with the services described in
subclause (I)--
``(AA) including compensation from a vendor to
a brokerage firm based on a structure of
incentives not solely related to the contract with
the covered plan; and
``(BB) not including compensation received by
an employee from an employer on account of work
performed by the employee.
``(bb) A description of the arrangement between the
payer and the covered service provider, an affiliate, or
a subcontractor, as applicable, pursuant to which such
indirect compensation is paid.
``(cc) Identification of the services for which the
indirect compensation will be received, if applicable.
``(dd) Identification of the payer of the indirect
compensation.
``(V) A description of any compensation that will be
paid among the covered service provider, an affiliate,
or a subcontractor, in connection with the services
described in subclause (I) if such compensation is set
on a transaction basis (such as commissions, finder's
fees, or other similar incentive compensation based on
business placed or retained), including identification
of the services for which such compensation will be paid
and identification of the payers and recipients of such
compensation (including the status of a payer or
recipient as an affiliate or a subcontractor),
regardless of whether such compensation also is
disclosed pursuant to subclause (III) or (IV).
``(VI) A description of any compensation that the
covered service provider, an affiliate, or a
subcontractor reasonably expects to receive in
connection with termination of the contract or
arrangement, and how any prepaid amounts will be
calculated and refunded upon such termination.
``(iv) <<NOTE: Disclosure.>> A covered service provider
shall disclose to a responsible plan fiduciary, in writing a
description of the manner in which the compensation described in
clause (iii), as applicable, will be received.
``(v)(I) <<NOTE: Disclosure.>> A covered service provider
shall disclose the information required under clauses (iii) and
(iv) to the responsible plan fiduciary not later than the date
that is reasonably in advance of the date on which the contract
or arrangement is entered into, and extended or renewed.
``(II) <<NOTE: Deadline.>> A covered service provider shall
disclose any change to the information required under clause
(iii) and (iv) as soon as practicable, but not later than 60
days from the date on which the covered service provider is
informed of such change, unless such disclosure is precluded due
to extraordinary circumstances beyond the covered service
provider's control, in which case the information shall be
disclosed as soon as practicable.
[[Page 134 STAT. 2898]]
``(vi)(I) Upon the written request of the responsible plan
fiduciary or covered plan administrator, a covered service
provider shall furnish any other information relating to the
compensation received in connection with the contract or
arrangement that is required for the covered plan to comply with
the reporting and disclosure requirements under this Act.
``(II) <<NOTE: Disclosure.>> The covered service provider
shall disclose the information required under clause (iii)(I)
reasonably in advance of the date upon which such responsible
plan fiduciary or covered plan administrator states that it is
required to comply with the applicable reporting or disclosure
requirement, unless such disclosure is precluded due to
extraordinary circumstances beyond the covered service
provider's control, in which case the information shall be
disclosed as soon as practicable.
``(vii) <<NOTE: Deadline.>> No contract or arrangement will
fail to be reasonable under this subparagraph solely because the
covered service provider, acting in good faith and with
reasonable diligence, makes an error or omission in disclosing
the information required pursuant to clause (iii) (or a change
to such information disclosed pursuant to clause (v)(II)) or
clause (vi), provided that the covered service provider
discloses the correct information to the responsible plan
fiduciary as soon as practicable, but not later than 30 days
from the date on which the covered service provider knows of
such error or omission.
``(viii)(I) Pursuant to subsection (a), subparagraphs (C)
and (D) of section 406(a)(1) shall not apply to a responsible
plan fiduciary, notwithstanding any failure by a covered service
provider to disclose information required under clause (iii), if
the following conditions are met:
``(aa) The responsible plan fiduciary did not know
that the covered service provider failed or would fail
to make required disclosures and reasonably believed
that the covered service provider disclosed the
information required to be disclosed.
``(bb) The responsible plan fiduciary, upon
discovering that the covered service provider failed to
disclose the required information, requests in writing
that the covered service provider furnish such
information.
``(cc) <<NOTE: Deadline. Notification.>> If the
covered service provider fails to comply with a written
request described in subclause (II) within 90 days of
the request, the responsible plan fiduciary notifies the
Secretary of the covered service provider's failure, in
accordance with subclauses (II) and (III).
``(II) A notice described in subclause (I)(cc) shall
contain--
``(aa) the name of the covered plan;
``(bb) the plan number used for the annual report on
the covered plan;
``(cc) the plan sponsor's name, address, and
employer identification number;
``(dd) the name, address, and telephone number of
the responsible plan fiduciary;
``(ee) the name, address, phone number, and, if
known, employer identification number of the covered
service provider;
``(ff) a description of the services provided to the
covered plan;
[[Page 134 STAT. 2899]]
``(gg) a description of the information that the
covered service provider failed to disclose;
``(hh) the date on which such information was
requested in writing from the covered service provider;
and
``(ii) a statement as to whether the covered service
provider continues to provide services to the plan.
``(III) <<NOTE: Deadline.>> A notice described in subclause
(I)(cc) shall be filed with the Department not later than 30
days following the earlier of--
``(aa) The covered service provider's refusal to
furnish the information requested by the written request
described in subclause (I)(bb); or
``(bb) <<NOTE: Time period.>> 90 days after the
written request referred to in subclause (I)(cc) is
made.
``(IV) <<NOTE: Deadline. Determination. Contracts.>> If the
covered service provider fails to comply with the written
request under subclause (I)(bb) within 90 days of such request,
the responsible plan fiduciary shall determine whether to
terminate or continue the contract or arrangement under section
404. If the requested information relates to future services and
is not disclosed promptly after the end of the 90-day period,
the responsible plan fiduciary shall terminate the contract or
arrangement as expeditiously as possible, consistent with such
duty of prudence.
``(ix) Nothing in this subparagraph shall be construed to
supersede any provision of State law that governs disclosures by
parties that provide the services described in this section,
except to the extent that such law prevents the application of a
requirement of this section.''.
(b) <<NOTE: 29 USC 1108 note.>> Applicability of Existing
Regulations.--Nothing in the amendments made by subsection (a) shall be
construed to affect the applicability of section 2550.408b-2 of title
29, Code of Federal Regulations (or any successor regulations), with
respect to any applicable entity other than a covered plan or a covered
service provider (as defined in section 408(b)(2)(B)(ii) of the Employee
Retirement Income Security Act of 1974, as amended by subsection (a)).
(c) Individual Market Coverage.--Subpart 1 of part B of title XXVII
of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended
by adding at the end the following:
``SEC. 2746. <<NOTE: 42 USC 300gg-46.>> DISCLOSURE TO ENROLLEES
OF INDIVIDUAL MARKET COVERAGE.
``(a) <<NOTE: Reports.>> In General.--A health insurance issuer
offering individual health insurance coverage or a health insurance
issuer offering short-term limited duration insurance coverage shall
make disclosures to enrollees in such coverage, as described in
subsection (b), and reports to the Secretary, as described in subsection
(c), regarding direct or indirect compensation provided by the issuer to
an agent or broker associated with enrolling individuals in such
coverage.
``(b) Disclosure.--A health insurance issuer described in subsection
(a) shall disclose to an enrollee the amount of direct or indirect
compensation provided to an agent or broker for services provided by
such agent or broker associated with plan selection and enrollment. Such
disclosure shall be--
``(1) made prior to the individual finalizing plan
selection; and
[[Page 134 STAT. 2900]]
``(2) included on any documentation confirming the
individual's enrollment.
``(c) Reporting.--A health insurance issuer described in subsection
(a) shall annually report to the Secretary, prior to the beginning of
open enrollment, any direct or indirect compensation provided to an
agent or broker associated with enrolling individuals in such coverage.
``(d) <<NOTE: Deadline.>> Rulemaking.--Not later than 1 year after
the date of enactment of the Consolidated Appropriations Act, 2021, the
Secretary shall finalize, through notice-and-comment rulemaking, the
timing, form, and manner in which issuers described in subsection (a)
are required to make the disclosures described in subsection (b) and the
reports described in subsection (c). Such rulemaking may also include
adjustments to notice requirements to reflect the different processes
for plan renewals, in order to provide enrollees with full, timely
information.''.
(d) <<NOTE: 29 USC 1108 note.>> Transition Rule.--No contract
executed prior to the effective date described in subsection (e) by a
group health plan subject to the requirements of section 408(b)(2)(B) of
the Employee Retirement Income Security Act of 1974 (as amended by
subsection (a)) or by a health insurance issuer subject to the
requirements of section 2746 of the Public Health Service Act (as added
by subsection (c)) shall be subject to the requirements of such section
408(b)(2)(B) or such section 2746, as applicable.
(e) <<NOTE: Effective date. 29 USC 1108 note.>> Application.--The
amendments made by subsections (a) and (c) shall apply beginning 1 year
after the date of enactment of this Act.
SEC. 203. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE USE
DISORDER BENEFITS.
(a) In General.--
(1) PHSA.--Section 2726(a) of the Public Health Service Act
(42 U.S.C. 300gg-26(a)) is amended by adding at the end the
following:
``(8) Compliance requirements.--
``(A) <<NOTE: Analyses. Effective date.>>
Nonquantitative treatment limitation (nqtl)
requirements.--In the case of a group health plan or a
health insurance issuer offering group or individual
health insurance coverage that provides both medical and
surgical benefits and mental health or substance use
disorder benefits and that imposes nonquantitative
treatment limitations (referred to in this section as
`NQTLs') on mental health or substance use disorder
benefits, such plan or issuer shall perform and document
comparative analyses of the design and application of
NQTLs and, beginning 45 days after the date of enactment
of the Consolidated Appropriations Act, 2021, make
available to the applicable State authority (or, as
applicable, to the Secretary of Labor or the Secretary
of Health and Human Services), upon request, the
comparative analyses and the following information:
``(i) The specific plan or coverage terms or
other relevant terms regarding the NQTLs and a
description of all mental health or substance use
disorder and medical or surgical benefits to which
each such term applies in each respective benefits
classification.
[[Page 134 STAT. 2901]]
``(ii) The factors used to determine that the
NQTLs will apply to mental health or substance use
disorder benefits and medical or surgical
benefits.
``(iii) <<NOTE: Standards.>> The evidentiary
standards used for the factors identified in
clause (ii), when applicable, provided that every
factor shall be defined, and any other source or
evidence relied upon to design and apply the NQTLs
to mental health or substance use disorder
benefits and medical or surgical benefits.
``(iv) The comparative analyses demonstrating
that the processes, strategies, evidentiary
standards, and other factors used to apply the
NQTLs to mental health or substance use disorder
benefits, as written and in operation, are
comparable to, and are applied no more stringently
than, the processes, strategies, evidentiary
standards, and other factors used to apply the
NQTLs to medical or surgical benefits in the
benefits classification.
``(v) The specific findings and conclusions
reached by the group health plan or health
insurance issuer with respect to the health
insurance coverage, including any results of the
analyses described in this subparagraph that
indicate that the plan or coverage is or is not in
compliance with this section.
``(B) Secretary request process.--
``(i) Submission upon request.--The Secretary
shall request that a group health plan or a health
insurance issuer offering group or individual
health insurance coverage submit the comparative
analyses described in subparagraph (A) for plans
that involve potential violations of this section
or complaints regarding noncompliance with this
section that concern NQTLs and any other instances
in which the Secretary determines appropriate. The
Secretary shall request not fewer than 20 such
analyses per year.
``(ii) Additional information.--In instances
in which the Secretary has concluded that the
group health plan or health insurance issuer with
respect to health insurance coverage has not
submitted sufficient information for the Secretary
to review the comparative analyses described in
subparagraph (A), as requested under clause (i),
the Secretary shall specify to the plan or issuer
the information the plan or issuer must submit to
be responsive to the request under clause (i) for
the Secretary to review the comparative analyses
described in subparagraph (A) for compliance with
this section. Nothing in this paragraph shall
require the Secretary to conclude that a group
health plan or health insurance issuer is in
compliance with this section solely based upon the
inspection of the comparative analyses described
in subparagraph (A), as requested under clause
(i).
``(iii) Required action.--
``(I) <<NOTE: Determinations. Deadlines.>>
In general.--In instances in which the
Secretary has reviewed the comparative
analyses described in subparagraph (A),
as requested under clause (i), and
determined that the group health
[[Page 134 STAT. 2902]]
plan or health insurance issuer is not
in compliance with this section, the
plan or issuer--
``(aa) shall specify to the
Secretary the actions the plan
or issuer will take to be in
compliance with this section and
provide to the Secretary
additional comparative analyses
described in subparagraph (A)
that demonstrate compliance with
this section not later than 45
days after the initial
determination by the Secretary
that the plan or issuer is not
in compliance; and
``(bb) <<NOTE: Notification.>>
following the 45-day corrective
action period under item (aa),
if the Secretary makes a final
determination that the plan or
issuer still is not in
compliance with this section,
not later than 7 days after such
determination, shall notify all
individuals enrolled in the plan
or applicable health insurance
coverage offered by the issuer
that the plan or issuer, with
respect to such coverage, has
been determined to be not in
compliance with this section.
``(II) Exemption from disclosure.--
Documents or communications produced in
connection with the Secretary's
recommendations to a group health plan
or health insurance issuer shall not be
subject to disclosure pursuant to
section 552 of title 5, United States
Code.
``(iv) <<NOTE: Public information.>>
Report.--Not later than 1 year after the date of
enactment of this paragraph, and not later than
October 1 of each year thereafter, the Secretary
shall submit to Congress, and make publicly
available, a report that contains--
``(I) <<NOTE: Summary.>> a summary
of the comparative analyses requested
under clause (i), including the identity
of each group health plan or health
insurance issuer, with respect to
particular health insurance coverage
that is determined to be not in
compliance after the final determination
by the Secretary described in clause
(iii)(I)(bb);
``(II) the Secretary's conclusions
as to whether each group health plan or
health insurance issuer submitted
sufficient information for the Secretary
to review the comparative analyses
requested under clause (i) for
compliance with this section;
``(III) <<NOTE: Analyses.>> for
each group health plan or health
insurance issuer that did submit
sufficient information for the Secretary
to review the comparative analyses
requested under clause (i), the
Secretary's conclusions as to whether
and why the plan or issuer is in
compliance with the requirements under
this section;
``(IV) the Secretary's
specifications described in clause (ii)
for each group health plan or health
insurance issuer that the Secretary
determined did not submit sufficient
information for the Secretary to review
the comparative analyses
[[Page 134 STAT. 2903]]
requested under clause (i) for
compliance with this section; and
``(V) the Secretary's specifications
described in clause (iii) of the actions
each group health plan or health
insurance issuer that the Secretary
determined is not in compliance with
this section must take to be in
compliance with this section, including
the reason why the Secretary determined
the plan or issuer is not in compliance.
``(C) Compliance program guidance document update
process.--
``(i) <<NOTE: Time period.>> In general.--The
Secretary shall include instances of noncompliance
that the Secretary discovers upon reviewing the
comparative analyses requested under subparagraph
(B)(i) in the compliance program guidance document
described in paragraph (6), as it is updated every
2 years, except that such instances shall not
disclose any protected health information or
individually identifiable information.
``(ii) <<NOTE: Deadline.>> Guidance and
regulations.--Not later than 18 months after the
date of enactment of this paragraph, the Secretary
shall finalize any draft or interim guidance and
regulations relating to mental health parity under
this section. Such draft guidance shall include
guidance to clarify the process and timeline for
current and potential participants and
beneficiaries (and authorized representatives and
health care providers of such participants and
beneficiaries) with respect to plans to file
complaints of such plans or issuers being in
violation of this section, including guidance, by
plan type, on the relevant State, regional, or
national office with which such complaints should
be filed.
``(iii) State.--The Secretary shall share
information on findings of compliance and
noncompliance discovered upon reviewing the
comparative analyses requested under subparagraph
(B)(i) shall be shared with the State where the
group health plan is located or the State where
the health insurance issuer is licensed to do
business for coverage offered by a health
insurance issuer in the group market, in
accordance with paragraph (6)(B)(iii)(II).''.
(2) ERISA.--Section 712(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a(a)) is amended by adding
at the end the following:
``(6) Compliance program guidance document.--
``(A) <<NOTE: Consultation.>> In general.--The
Secretary, the Secretary of Health and Human Services,
and the Secretary of the Treasury, in consultation with
the Inspector General of the Department of Health and
Human Services, the Inspector General of the Department
of Labor, and the Inspector General of the Department of
the Treasury, shall issue a compliance program guidance
document to help improve compliance with this section,
section 2726 of the Public Health Service Act, and
section 9812 of the Internal Revenue Code of 1986, as
applicable. In carrying out this paragraph, the
Secretaries may take into consideration
[[Page 134 STAT. 2904]]
the 2016 publication of the Department of Health and
Human Services and the Department of Labor, entitled
`Warning Signs - Plan or Policy Non-Quantitative
Treatment Limitations (NQTLs) that Require Additional
Analysis to Determine Mental Health Parity Compliance'.
``(B) Examples illustrating compliance and
noncompliance.--
``(i) In general.--The compliance program
guidance document required under this paragraph
shall provide illustrative, de-identified examples
(that do not disclose any protected health
information or individually identifiable
information) of previous findings of compliance
and noncompliance with this section, section 2726
of the Public Health Service Act, or section 9812
of the Internal Revenue Code of 1986, as
applicable, based on investigations of violations
of such sections, including--
``(I) examples illustrating
requirements for information disclosures
and nonquantitative treatment
limitations; and
``(II) descriptions of the
violations uncovered during the course
of such investigations.
``(ii) Nonquantitative treatment
limitations.--To the extent that any example
described in clause (i) involves a finding of
compliance or noncompliance with regard to any
requirement for nonquantitative treatment
limitations, the example shall provide sufficient
detail to fully explain such finding, including a
full description of the criteria involved for
approving medical and surgical benefits and the
criteria involved for approving mental health and
substance use disorder benefits.
``(iii) <<NOTE: Contracts.>> Access to
additional information regarding compliance.--In
developing and issuing the compliance program
guidance document required under this paragraph,
the Secretaries specified in subparagraph (A)--
``(I) shall enter into interagency
agreements with the Inspector General of
the Department of Health and Human
Services, the Inspector General of the
Department of Labor, and the Inspector
General of the Department of the
Treasury to share findings of compliance
and noncompliance with this section,
section 2726 of the Public Health
Service Act, or section 9812 of the
Internal Revenue Code of 1986, as
applicable; and
``(II) shall seek to enter into an
agreement with a State to share
information on findings of compliance
and noncompliance with this section,
section 2726 of the Public Health
Service Act, or section 9812 of the
Internal Revenue Code of 1986, as
applicable.
``(C) Recommendations.--The compliance program
guidance document shall include recommendations to
advance compliance with this section, section 2726 of
the Public Health Service Act, or section 9812 of the
Internal Revenue Code of 1986, as applicable, and
encourage the
[[Page 134 STAT. 2905]]
development and use of internal controls to monitor
adherence to applicable statutes, regulations, and
program requirements. Such internal controls may include
illustrative examples of nonquantitative treatment
limitations on mental health and substance use disorder
benefits, which may fail to comply with this section,
section 2726 of the Public Health Service Act, or
section 9812 of the Internal Revenue Code of 1986, as
applicable, in relation to nonquantitative treatment
limitations on medical and surgical benefits.
``(D) <<NOTE: Consultation. Time period.>> Updating
the compliance program guidance document.--The
Secretary, the Secretary of Health and Human Services,
and the Secretary of the Treasury, in consultation with
the Inspector General of the Department of Health and
Human Services, the Inspector General of the Department
of Labor, and the Inspector General of the Department of
the Treasury, shall update the compliance program
guidance document every 2 years to include illustrative,
de-identified examples (that do not disclose any
protected health information or individually
identifiable information) of previous findings of
compliance and noncompliance with this section, section
2726 of the Public Health Service Act, or section 9812
of the Internal Revenue Code of 1986, as applicable.
``(7) Additional guidance.--
``(A) In general.--The Secretary, the Secretary of
Health and Human Services, and the Secretary of the
Treasury shall issue guidance to group health plans and
health insurance issuers offering group health insurance
coverage to assist such plans and issuers in satisfying
the requirements of this section, section 2726 of the
Public Health Service Act, or section 9812 of the
Internal Revenue Code of 1986, as applicable.
``(B) <<NOTE: Compliance.>> Disclosure.--
``(i) Guidance for plans and issuers.--The
guidance issued under this paragraph shall include
clarifying information and illustrative examples
of methods that group health plans and health
insurance issuers offering group or individual
health insurance coverage may use for disclosing
information to ensure compliance with the
requirements under this section, section 2726 of
the Public Health Service Act, or section 9812 of
the Internal Revenue Code of 1986, as applicable,
(and any regulations promulgated pursuant to such
sections, as applicable).
``(ii) Documents for participants,
beneficiaries, contracting providers, or
authorized representatives.--The guidance issued
under this paragraph shall include clarifying
information and illustrative examples of methods
that group health plans and health insurance
issuers offering group health insurance coverage
may use to provide any participant, beneficiary,
contracting provider, or authorized
representative, as applicable, with documents
containing information that the health plans or
issuers are required to disclose to participants,
beneficiaries, contracting providers, or
authorized representatives to
[[Page 134 STAT. 2906]]
ensure compliance with this section, section 2726
of the Public Health Service Act, or section 9812
of the Internal Revenue Code of 1986, as
applicable, compliance with any regulation issued
pursuant to such respective section, or compliance
with any other applicable law or regulation. Such
guidance shall include information that is
comparative in nature with respect to--
``(I) nonquantitative treatment
limitations for both medical and
surgical benefits and mental health and
substance use disorder benefits;
``(II) the processes, strategies,
evidentiary standards, and other factors
used to apply the limitations described
in subclause (I); and
``(III) the application of the
limitations described in subclause (I)
to ensure that such limitations are
applied in parity with respect to both
medical and surgical benefits and mental
health and substance use disorder
benefits.
``(C) Nonquantitative treatment limitations.--The
guidance issued under this paragraph shall include
clarifying information and illustrative examples of
methods, processes, strategies, evidentiary standards,
and other factors that group health plans and health
insurance issuers offering group health insurance
coverage may use regarding the development and
application of nonquantitative treatment limitations to
ensure compliance with this section, section 2726 of the
Public Health Service Act, or section 9812 of the
Internal Revenue Code of 1986, as applicable, (and any
regulations promulgated pursuant to such respective
section), including--
``(i) examples of methods of determining
appropriate types of nonquantitative treatment
limitations with respect to both medical and
surgical benefits and mental health and substance
use disorder benefits, including nonquantitative
treatment limitations pertaining to--
``(I) medical management standards
based on medical necessity or
appropriateness, or whether a treatment
is experimental or investigative;
``(II) limitations with respect to
prescription drug formulary design; and
``(III) use of fail-first or step
therapy protocols;
``(ii) examples of methods of determining--
``(I) network admission standards
(such as credentialing); and
``(II) factors used in provider
reimbursement methodologies (such as
service type, geographic market, demand
for services, and provider supply,
practice size, training, experience, and
licensure) as such factors apply to
network adequacy;
``(iii) examples of sources of information
that may serve as evidentiary standards for the
purposes of making determinations regarding the
development and application of nonquantitative
treatment limitations;
``(iv) examples of specific factors, and the
evidentiary standards used to evaluate such
factors, used
[[Page 134 STAT. 2907]]
by such plans or issuers in performing a
nonquantitative treatment limitation analysis;
``(v) examples of how specific evidentiary
standards may be used to determine whether
treatments are considered experimental or
investigative;
``(vi) examples of how specific evidentiary
standards may be applied to each service category
or classification of benefits;
``(vii) examples of methods of reaching
appropriate coverage determinations for new mental
health or substance use disorder treatments, such
as evidence-based early intervention programs for
individuals with a serious mental illness and
types of medical management techniques;
``(viii) examples of methods of reaching
appropriate coverage determinations for which
there is an indirect relationship between the
covered mental health or substance use disorder
benefit and a traditional covered medical and
surgical benefit, such as residential treatment or
hospitalizations involving voluntary or
involuntary commitment; and
``(ix) additional illustrative examples of
methods, processes, strategies, evidentiary
standards, and other factors for which the
Secretary determines that additional guidance is
necessary to improve compliance with this section,
section 2726 of the Public Health Service Act, or
section 9812 of the Internal Revenue Code of 1986,
as applicable.
``(D) <<NOTE: Time period.>> Public comment.--Prior
to issuing any final guidance under this paragraph, the
Secretary shall provide a public comment period of not
less than 60 days during which any member of the public
may provide comments on a draft of the guidance.
``(8) Compliance requirements.--
``(A) <<NOTE: Analyses. Effective date.>>
Nonquantitative treatment limitation (nqtl)
requirements.--In the case of a group health plan or a
health insurance issuer offering group health insurance
coverage that provides both medical and surgical
benefits and mental health or substance use disorder
benefits and that imposes nonquantitative treatment
limitations (referred to in this section as `NQTLs') on
mental health or substance use disorder benefits, such
plan or issuer shall perform and document comparative
analyses of the design and application of NQTLs and,
beginning 45 days after the date of enactment of the
Consolidated Appropriations Act, 2021, make available to
the Secretary, upon request, the comparative analyses
and the following information:
``(i) The specific plan or coverage terms or
other relevant terms regarding the NQTLs, that
applies to such plan or coverage, and a
description of all mental health or substance use
disorder and medical or surgical benefits to which
each such term applies in each respective benefits
classification.
``(ii) The factors used to determine that the
NQTLs will apply to mental health or substance use
disorder benefits and medical or surgical
benefits.
[[Page 134 STAT. 2908]]
``(iii) <<NOTE: Standards.>> The evidentiary
standards used for the factors identified in
clause (ii), when applicable, provided that every
factor shall be defined, and any other source or
evidence relied upon to design and apply the NQTLs
to mental health or substance use disorder
benefits and medical or surgical benefits.
``(iv) The comparative analyses demonstrating
that the processes, strategies, evidentiary
standards, and other factors used to apply the
NQTLs to mental health or substance use disorder
benefits, as written and in operation, are
comparable to, and are applied no more stringently
than, the processes, strategies, evidentiary
standards, and other factors used to apply the
NQTLs to medical or surgical benefits in the
benefits classification.
``(v) The specific findings and conclusions
reached by the group health plan or health
insurance issuer with respect to the health
insurance coverage, including any results of the
analyses described in this subparagraph that
indicate that the plan or coverage is or is not in
compliance with this section.
``(B) Secretary request process.--
``(i) Submission upon request.--The Secretary
shall request that a group health plan or a health
insurance issuer offering group health insurance
coverage submit the comparative analyses described
in subparagraph (A) for plans that involve
potential violations of this section or complaints
regarding noncompliance with this section that
concern NQTLs and any other instances in which the
Secretary determines appropriate. The Secretary
shall request not fewer than 20 such analyses per
year.
``(ii) Additional information.--In instances
in which the Secretary has concluded that the
group health plan or health insurance issuer with
respect to group health insurance coverage has not
submitted sufficient information for the Secretary
to review the comparative analyses described in
subparagraph (A), as requested under clause (i),
the Secretary shall specify to the plan or issuer
the information the plan or issuer must submit to
be responsive to the request under clause (i) for
the Secretary to review the comparative analyses
described in subparagraph (A) for compliance with
this section. Nothing in this paragraph shall
require the Secretary to conclude that a group
health plan or health insurance issuer is in
compliance with this section solely based upon the
inspection of the comparative analyses described
in subparagraph (A), as requested under clause
(i).
``(iii) Required action.--
``(I) <<NOTE: Determinations. Deadlines.>>
In general.--In instances in which the
Secretary has reviewed the comparative
analyses described in subparagraph (A),
as requested under clause (i), and
determined that the group health plan or
health insurance issuer is not in
compliance with this section, the plan
or issuer--
[[Page 134 STAT. 2909]]
``(aa) shall specify to the
Secretary the actions the plan
or issuer will take to be in
compliance with this section and
provide to the Secretary
additional comparative analyses
described in subparagraph (A)
that demonstrate compliance with
this section not later than 45
days after the initial
determination by the Secretary
that the plan or issuer is not
in compliance; and
``(bb) <<NOTE: Notification.>>
following the 45-day corrective
action period under item (aa),
if the Secretary makes a final
determination that the plan or
issuer still is not in
compliance with this section,
not later than 7 days after such
determination, shall notify all
individuals enrolled in the plan
or applicable health insurance
coverage offered by the issuer
that the plan or issuer, with
respect to such coverage, has
been determined to be not in
compliance with this section.
``(II) Exemption from disclosure.--
Documents or communications produced in
connection with the Secretary's
recommendations to a group health plan
or health insurance issuer shall not be
subject to disclosure pursuant to
section 552 of title 5, United States
Code.
``(iv) <<NOTE: Public information.>>
Report.--Not later than 1 year after the date of
enactment of this paragraph, and not later than
October 1 of each year thereafter, the Secretary
shall submit to Congress, and make publicly
available, a report that contains--
``(I) <<NOTE: Summary.>> a summary
of the comparative analyses requested
under clause (i), including the identity
of each group health plan or health
insurance issuer, with respect to
certain health insurance coverage that
is determined to be not in compliance
after the final determination by the
Secretary described in clause
(iii)(I)(bb);
``(II) the Secretary's conclusions
as to whether each group health plan or
health insurance issuer submitted
sufficient information for the Secretary
to review the comparative analyses
requested under clause (i) for
compliance with this section;
``(III) for each group health plan
or health insurance issuer that did
submit sufficient information for the
Secretary to review the comparative
analyses requested under clause (i), the
Secretary's conclusions as to whether
and why the plan or issuer is in
compliance with the disclosure
requirements under this section;
``(IV) the Secretary's
specifications described in clause (ii)
for each group health plan or health
insurance issuer that the Secretary
determined did not submit sufficient
information for the Secretary to review
the comparative analyses requested under
clause (i) for compliance with this
section; and
[[Page 134 STAT. 2910]]
``(V) the Secretary's specifications
described in clause (iii) of the actions
each group health plan or health
insurance issuer that the Secretary
determined is not in compliance with
this section must take to be in
compliance with this section, including
the reason why the Secretary determined
the plan or issuer is not in compliance.
``(C) Compliance program guidance document update
process.--
``(i) <<NOTE: Time period.>> In general.--The
Secretary shall include instances of noncompliance
that the Secretary discovers upon reviewing the
comparative analyses requested under subparagraph
(B)(i) in the compliance program guidance document
described in paragraph (6), as it is updated every
2 years, except that such instances shall not
disclose any protected health information or
individually identifiable information.
``(ii) <<NOTE: Deadline.>> Guidance and
regulations.--Not later than 18 months after the
date of enactment of this paragraph, the Secretary
shall finalize any draft or interim guidance and
regulations relating to mental health parity under
this section. Such draft guidance shall include
guidance to clarify the process and timeline for
current and potential participants and
beneficiaries (and authorized representatives and
health care providers of such participants and
beneficiaries) with respect to plans to file
complaints of such plans or issuers being in
violation of this section, including guidance, by
plan type, on the relevant State, regional, or
national office with which such complaints should
be filed.
``(iii) State.--The Secretary shall share
information on findings of compliance and
noncompliance discovered upon reviewing the
comparative analyses requested under subparagraph
(B)(i) shall be shared with the State where the
group health plan is located or the State where
the health insurance issuer is licensed to do
business for coverage offered by a health
insurance issuer in the group market, in
accordance with paragraph (6)(B)(iii)(II).''.
(3) IRC.--Section 9812(a) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9812.>> is amended by adding at the end the
following:
``(6) Compliance program guidance document.--
``(A) <<NOTE: Consultation.>> In general.--The
Secretary, the Secretary of Health and Human Services,
and the Secretary of Labor, in consultation with the
Inspector General of the Department of Health and Human
Services, the Inspector General of the Department of
Labor, and the Inspector General of the Department of
the Treasury, shall issue a compliance program guidance
document to help improve compliance with this section,
section 2726 of the Public Health Service Act, and
section 712 of the Employee Retirement Income Security
Act of 1974, as applicable. In carrying out this
paragraph, the Secretaries may take into consideration
the 2016 publication of the Department of Health and
Human Services and the Department of Labor, entitled
[[Page 134 STAT. 2911]]
`Warning Signs - Plan or Policy Non-Quantitative
Treatment Limitations (NQTLs) that Require Additional
Analysis to Determine Mental Health Parity Compliance'.
``(B) Examples illustrating compliance and
noncompliance.--
``(i) In general.--The compliance program
guidance document required under this paragraph
shall provide illustrative, de-identified examples
(that do not disclose any protected health
information or individually identifiable
information) of previous findings of compliance
and noncompliance with this section, section 2726
of the Public Health Service Act, or section 712
of the Employee Retirement Income Security Act of
1974, as applicable, based on investigations of
violations of such sections, including--
``(I) examples illustrating
requirements for information disclosures
and nonquantitative treatment
limitations; and
``(II) descriptions of the
violations uncovered during the course
of such investigations.
``(ii) Nonquantitative treatment
limitations.--To the extent that any example
described in clause (i) involves a finding of
compliance or noncompliance with regard to any
requirement for nonquantitative treatment
limitations, the example shall provide sufficient
detail to fully explain such finding, including a
full description of the criteria involved for
approving medical and surgical benefits and the
criteria involved for approving mental health and
substance use disorder benefits.
``(iii) <<NOTE: Contracts.>> Access to
additional information regarding compliance.--In
developing and issuing the compliance program
guidance document required under this paragraph,
the Secretaries specified in subparagraph (A)--
``(I) shall enter into interagency
agreements with the Inspector General of
the Department of Health and Human
Services, the Inspector General of the
Department of Labor, and the Inspector
General of the Department of the
Treasury to share findings of compliance
and noncompliance with this section,
section 2726 of the Public Health
Service Act, or section 712 of the
Employee Retirement Income Security Act
of 1974, as applicable; and
``(II) shall seek to enter into an
agreement with a State to share
information on findings of compliance
and noncompliance with this section,
section 2726 of the Public Health
Service Act, or section 712 of the
Employee Retirement Income Security Act
of 1974, as applicable.
``(C) Recommendations.--The compliance program
guidance document shall include recommendations to
advance compliance with this section, section 2726 of
the Public Health Service Act, or section 712 of the
Employee Retirement Income Security Act of 1974, as
applicable, and encourage the development and use of
internal controls
[[Page 134 STAT. 2912]]
to monitor adherence to applicable statutes,
regulations, and program requirements. Such internal
controls may include illustrative examples of
nonquantitative treatment limitations on mental health
and substance use disorder benefits, which may fail to
comply with this section, section 2726 of the Public
Health Service Act, or section 712 of the Employee
Retirement Income Security Act of 1974, as applicable,
in relation to nonquantitative treatment limitations on
medical and surgical benefits.
``(D) <<NOTE: Consultation. Time period.>> Updating
the compliance program guidance document.--The
Secretary, the Secretary of Health and Human Services,
and the Secretary of Labor, in consultation with the
Inspector General of the Department of Health and Human
Services, the Inspector General of the Department of
Labor, and the Inspector General of the Department of
the Treasury, shall update the compliance program
guidance document every 2 years to include illustrative,
de-identified examples (that do not disclose any
protected health information or individually
identifiable information) of previous findings of
compliance and noncompliance with this section, section
2726 of the Public Health Service Act, or section 712 of
the Employee Retirement Income Security Act of 1974, as
applicable.
``(7) Additional guidance.--
``(A) In general.--The Secretary, the Secretary of
Health and Human Services, and the Secretary of Labor
shall issue guidance to group health plans to assist
such plans in satisfying the requirements of this
section, section 2726 of the Public Health Service Act,
or section 712 of the Employee Retirement Income
Security Act of 1974, as applicable.
``(B) <<NOTE: Compliance.>> Disclosure.--
``(i) Guidance for plans.--The guidance issued
under this paragraph shall include clarifying
information and illustrative examples of methods
that group health plans may use for disclosing
information to ensure compliance with the
requirements under this section, section 2726 of
the Public Health Service Act, or section 712 of
the Employee Retirement Income Security Act of
1974, as applicable, (and any regulations
promulgated pursuant to such sections, as
applicable).
``(ii) Documents for participants,
beneficiaries, contracting providers, or
authorized representatives.--The guidance issued
under this paragraph shall include clarifying
information and illustrative examples of methods
that group health plans may use to provide any
participant, beneficiary, contracting provider, or
authorized representative, as applicable, with
documents containing information that the health
plans are required to disclose to participants,
beneficiaries, contracting providers, or
authorized representatives to ensure compliance
with this section, section 2726 of the Public
Health Service Act, or section 712 of the Employee
Retirement Income Security Act of 1974, as
applicable, compliance with any regulation
[[Page 134 STAT. 2913]]
issued pursuant to such respective section, or
compliance with any other applicable law or
regulation. Such guidance shall include
information that is comparative in nature with
respect to--
``(I) nonquantitative treatment
limitations for both medical and
surgical benefits and mental health and
substance use disorder benefits;
``(II) the processes, strategies,
evidentiary standards, and other factors
used to apply the limitations described
in subclause (I); and
``(III) the application of the
limitations described in subclause (I)
to ensure that such limitations are
applied in parity with respect to both
medical and surgical benefits and mental
health and substance use disorder
benefits.
``(C) Nonquantitative treatment limitations.--The
guidance issued under this paragraph shall include
clarifying information and illustrative examples of
methods, processes, strategies, evidentiary standards,
and other factors that group health plans may use
regarding the development and application of
nonquantitative treatment limitations to ensure
compliance with this section, section 2726 of the Public
Health Service Act, or section 712 of the Employee
Retirement Income Security Act of 1974, as applicable,
(and any regulations promulgated pursuant to such
respective section), including--
``(i) examples of methods of determining
appropriate types of nonquantitative treatment
limitations with respect to both medical and
surgical benefits and mental health and substance
use disorder benefits, including nonquantitative
treatment limitations pertaining to--
``(I) medical management standards
based on medical necessity or
appropriateness, or whether a treatment
is experimental or investigative;
``(II) limitations with respect to
prescription drug formulary design; and
``(III) use of fail-first or step
therapy protocols;
``(ii) examples of methods of determining--
``(I) network admission standards
(such as credentialing); and
``(II) factors used in provider
reimbursement methodologies (such as
service type, geographic market, demand
for services, and provider supply,
practice size, training, experience, and
licensure) as such factors apply to
network adequacy;
``(iii) examples of sources of information
that may serve as evidentiary standards for the
purposes of making determinations regarding the
development and application of nonquantitative
treatment limitations;
``(iv) examples of specific factors, and the
evidentiary standards used to evaluate such
factors, used by such plans in performing a
nonquantitative treatment limitation analysis;
``(v) examples of how specific evidentiary
standards may be used to determine whether
treatments are considered experimental or
investigative;
[[Page 134 STAT. 2914]]
``(vi) examples of how specific evidentiary
standards may be applied to each service category
or classification of benefits;
``(vii) examples of methods of reaching
appropriate coverage determinations for new mental
health or substance use disorder treatments, such
as evidence-based early intervention programs for
individuals with a serious mental illness and
types of medical management techniques;
``(viii) examples of methods of reaching
appropriate coverage determinations for which
there is an indirect relationship between the
covered mental health or substance use disorder
benefit and a traditional covered medical and
surgical benefit, such as residential treatment or
hospitalizations involving voluntary or
involuntary commitment; and
``(ix) <<NOTE: Determination.>> additional
illustrative examples of methods, processes,
strategies, evidentiary standards, and other
factors for which the Secretary determines that
additional guidance is necessary to improve
compliance with this section, section 2726 of the
Public Health Service Act, or section 712 of the
Employee Retirement Income Security Act of 1974,
as applicable.
``(D) <<NOTE: Time period.>> Public comment.--Prior
to issuing any final guidance under this paragraph, the
Secretary shall provide a public comment period of not
less than 60 days during which any member of the public
may provide comments on a draft of the guidance.
``(8) Compliance requirements.--
``(A) <<NOTE: Analyses. Effective date.>>
Nonquantitative treatment limitation (nqtl)
requirements.--In the case of a group health plan that
provides both medical and surgical benefits and mental
health or substance use disorder benefits and that
imposes nonquantitative treatment limitations (referred
to in this section as `NQTLs') on mental health or
substance use disorder benefits, such plan shall perform
and document comparative analyses of the design and
application of NQTLs and, beginning 45 days after the
date of enactment of the Consolidated Appropriations
Act, 2021, make available to the Secretary, upon
request, the comparative analyses and the following
information:
``(i) The specific plan terms or other
relevant terms regarding the NQTLs and a
description of all mental health or substance use
disorder and medical or surgical benefits to which
each such term applies in each respective benefits
classification.
``(ii) The factors used to determine that the
NQTLs will apply to mental health or substance use
disorder benefits and medical or surgical
benefits.
``(iii) <<NOTE: Standards.>> The evidentiary
standards used for the factors identified in
clause (ii), when applicable, provided that every
factor shall be defined, and any other source or
evidence relied upon to design and apply the NQTLs
to mental health or substance use disorder
benefits and medical or surgical benefits.
``(iv) The comparative analyses demonstrating
that the processes, strategies, evidentiary
standards, and
[[Page 134 STAT. 2915]]
other factors used to apply the NQTLs to mental
health or substance use disorder benefits, as
written and in operation, are comparable to, and
are applied no more stringently than, the
processes, strategies, evidentiary standards, and
other factors used to apply the NQTLs to medical
or surgical benefits in the benefits
classification.
``(v) <<NOTE: Disclosure.>> A disclosure of
the specific findings and conclusions reached by
the group health plan, including any results of
the analyses described in this subparagraph that
indicate that the plan is or is not in compliance
with this section.
``(B) Secretary request process.--
``(i) Submission upon request.--The Secretary
shall request that a group health plan submit the
comparative analyses described in subparagraph (A)
for plans that involve potential violations of
this section or complaints regarding noncompliance
with this section that concern NQTLs and any other
instances in which the Secretary determines
appropriate. The Secretary shall request not fewer
than 20 such analyses per year.
``(ii) Additional information.--In instances
in which the Secretary has concluded that the
group health plan has not submitted sufficient
information for the Secretary to review the
comparative analyses described in subparagraph
(A), as requested under clause (i), the Secretary
shall specify to the plan the information the plan
must submit to be responsive to the request under
clause (i) for the Secretary to review the
comparative analyses described in subparagraph (A)
for compliance with this section. Nothing in this
paragraph shall require the Secretary to conclude
that a group health plan is in compliance with
this section solely based upon the inspection of
the comparative analyses described in subparagraph
(A), as requested under clause (i).
``(iii) Required action.--
``(I) <<NOTE: Determinations. Deadlines.>>
In general.--In instances in which the
Secretary has reviewed the comparative
analyses described in subparagraph (A),
as requested under clause (i), and
determined that the group health plan is
not in compliance with this section, the
plan--
``(aa) shall specify to the
Secretary the actions the plan
will take to be in compliance
with this section and provide to
the Secretary additional
comparative analyses described
in subparagraph (A) that
demonstrate compliance with this
section not later than 45 days
after the initial determination
by the Secretary that the plan
is not in compliance; and
``(bb) <<NOTE: Notification.>>
following the 45-day corrective
action period under item (aa),
if the Secretary makes a final
determination that the plan
still is not in compliance with
this section, not later than 7
days after such determination,
shall
[[Page 134 STAT. 2916]]
notify all individuals enrolled
in the plan that the plan has
been determined to be not in
compliance with this section.
``(II) Exemption from disclosure.--
Documents or communications produced in
connection with the Secretary's
recommendations to a group health plan
shall not be subject to disclosure
pursuant to section 552 of title 5,
United States Code.
``(iv) <<NOTE: Public information.>>
Report.--Not later than 1 year after the date of
enactment of this paragraph, and not later than
October 1 of each year thereafter, the Secretary
shall submit to Congress, and make publicly
available, a report that contains--
``(I) <<NOTE: Summary.>> a summary
of the comparative analyses requested
under clause (i), including the identity
of each group plan that is determined to
be not in compliance after the final
determination by the Secretary described
in clause (iii)(I)(bb);
``(II) the Secretary's conclusions
as to whether each group health plan
submitted sufficient information for the
Secretary to review the comparative
analyses requested under clause (i) for
compliance with this section;
``(III) for each group health plan
that did submit sufficient information
for the Secretary to review the
comparative analyses requested under
clause (i), the Secretary's conclusions
as to whether and why the plan is in
compliance with the disclosure
requirements under this section;
``(IV) the Secretary's
specifications described in clause (ii)
for each group health plan that the
Secretary determined did not submit
sufficient information for the Secretary
to review the comparative analyses
requested under clause (i) for
compliance with this section; and
``(V) the Secretary's specifications
described in clause (iii) of the actions
each group health plan that the
Secretary determined is not in
compliance with this section must take
to be in compliance with this section,
including the reason why the Secretary
determined the plan is not in
compliance.
``(C) Compliance program guidance document update
process.--
``(i) <<NOTE: Time period.>> In general.--The
Secretary shall include instances of noncompliance
that the Secretary discovers upon reviewing the
comparative analyses requested under subparagraph
(B)(i) in the compliance program guidance document
described in paragraph (6), as it is updated every
2 years, except that such instances shall not
disclose any protected health information or
individually identifiable information.
``(ii) <<NOTE: Deadline.>> Guidance and
regulations.--Not later than 18 months after the
date of enactment of this paragraph, the Secretary
shall finalize any draft or interim guidance and
regulations relating to mental health
[[Page 134 STAT. 2917]]
parity under this section. Such draft guidance
shall include guidance to clarify the process and
timeline for current and potential participants
and beneficiaries (and authorized representatives
and health care providers of such participants and
beneficiaries) with respect to plans to file
complaints of such plans being in violation of
this section, including guidance, by plan type, on
the relevant State, regional, or national office
with which such complaints should be filed.
``(iii) State.--The Secretary shall share
information on findings of compliance and
noncompliance discovered upon reviewing the
comparative analyses requested under subparagraph
(B)(i) shall be shared with the State where the
group health plan is located, in accordance with
paragraph (6)(B)(iii)(II).''.
(4) Medicaid and chip compliance.--
(A) Medicaid managed care organizations.--Section
1932(b)(8) of the Social Security Act (42 U.S.C. 1396u-
2(b)(8)) is amended by adding at the end the following
new sentence: ``In applying the previous sentence with
respect to requirements under paragraph (8) of section
2726(a) of the Public Health Service Act, a Medicaid
managed care organization (or a prepaid inpatient health
plan (as defined by the Secretary) or prepaid ambulatory
health plan (as defined by the Secretary) that offers
services to enrollees of a Medicaid managed care
organization) shall be treated as in compliance with
such requirements if the Medicaid managed care
organization (or prepaid inpatient health plan or
prepaid ambulatory health plan) is in compliance with
subpart K of part 438 of title 42, Code of Federal
Regulations, and section 438.3(n) of such title, or any
successor regulation.''.
(B) Other benchmark benefit packages or benchmark
equivalent coverage.--Section 1937(b)(6)(A) of such Act
(42 U.S.C. 1396u-7(b)(6)(A)) is amended--
(i) by striking ``section 2705(a)'' and
inserting ``section 2726(a)''; and
(ii) by adding at the end the following new
sentence: ``In applying the previous sentence with
respect to requirements under paragraph (8) of
section 2726(a) of the Public Health Service Act,
a benchmark benefit package or benchmark
equivalent coverage described in such sentence
shall be treated as in compliance with such
requirements if the State plan under this title or
the benchmark benefit package or benefit
equivalent coverage, as applicable, is in
compliance with subpart C of part 440 of title 42,
Code of Federal Regulations, or any successor
regulation.''.
(C) State child health plans.--Section 2103(c)(7)(A)
of the Social Security Act (42 U.S.C. 1397cc(c)(7)(A))
is amended--
(i) by striking ``section 2705(a)'' and
inserting ``section 2726(a)''; and
(ii) by adding at the end the following new
sentence: ``In applying <<NOTE: Applicability.>>
the previous sentence with respect to requirements
under paragraph (8) of section 2726(a) of the
Public Health Service Act, a State child health
[[Page 134 STAT. 2918]]
plan described in such sentence shall be treated
as in compliance with such requirements if the
State child health plan is in compliance with
section 457.496 of title 42, Code of Federal
Regulations, or any successor regulation.''.
(b) <<NOTE: 26 USC 9812 note.>> Guidance.--The Secretary of Health
and Human Services, jointly with the Secretary of Labor and the
Secretary of the Treasury, shall issue guidance to carry out the
amendments made by paragraphs (1), (2), and (3) of subsection (a).
SEC. 204. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.
(a) PHSA.--Part D of title XXVII of the Public Health Service Act
(42 U.S.C. 300gg et seq.), as amended by section 201, is further amended
by adding at the end the following:
``SEC. 2799A-10. <<NOTE: 42 USC 300gg-120.>> REPORTING ON
PHARMACY BENEFITS AND DRUG COSTS.
``(a) <<NOTE: Deadlines.>> In General.--Not later than 1 year after
the date of enactment of the Consolidated Appropriations Act, 2021, and
not later than June 1 of each year thereafter, a group health plan or
health insurance issuer offering group or individual health insurance
coverage (except for a church plan) shall submit to the Secretary, the
Secretary of Labor, and the Secretary of the Treasury the following
information with respect to the health plan or coverage in the previous
plan year:
``(1) The beginning and end dates of the plan year.
``(2) The number of enrollees.
``(3) Each State in which the plan or coverage is offered.
``(4) The 50 brand prescription drugs most frequently
dispensed by pharmacies for claims paid by the plan or coverage,
and the total number of paid claims for each such drug.
``(5) The 50 most costly prescription drugs with respect to
the plan or coverage by total annual spending, and the annual
amount spent by the plan or coverage for each such drug.
``(6) The 50 prescription drugs with the greatest increase
in plan expenditures over the plan year preceding the plan year
that is the subject of the report, and, for each such drug, the
change in amounts expended by the plan or coverage in each such
plan year.
``(7) Total spending on health care services by such group
health plan or health insurance coverage, broken down by--
``(A) the type of costs, including--
``(i) hospital costs;
``(ii) health care provider and clinical
service costs, for primary care and specialty care
separately;
``(iii) costs for prescription drugs; and
``(iv) other medical costs, including wellness
services; and
``(B) spending on prescription drugs by--
``(i) the health plan or coverage; and
``(ii) the enrollees.
``(8) The average monthly premium--
``(A) paid by employers on behalf of enrollees, as
applicable; and
``(B) paid by enrollees.
``(9) Any impact on premiums by rebates, fees, and any other
remuneration paid by drug manufacturers to the plan
[[Page 134 STAT. 2919]]
or coverage or its administrators or service providers, with
respect to prescription drugs prescribed to enrollees in the
plan or coverage, including--
``(A) the amounts so paid for each therapeutic class
of drugs; and
``(B) the amounts so paid for each of the 25 drugs
that yielded the highest amount of rebates and other
remuneration under the plan or coverage from drug
manufacturers during the plan year.
``(10) Any reduction in premiums and out-of-pocket costs
associated with rebates, fees, or other remuneration described
in paragraph (9).
``(b) <<NOTE: Coordination. Web posting.>> Report.--Not later than
18 months after the date on which the first report is required under
subsection (a) and biannually thereafter, the Secretary, acting through
the Assistant Secretary of Planning and Evaluation and in coordination
with the Inspector General of the Department of Health and Human
Services, shall make available on the internet website of the Department
of Health and Human Services a report on prescription drug
reimbursements under group health plans and group and individual health
insurance coverage, prescription drug pricing trends, and the role of
prescription drug costs in contributing to premium increases or
decreases under such plans or coverage, aggregated in such a way as no
drug or plan specific information will be made public.
``(c) Privacy Protections.--No confidential or trade secret
information submitted to the Secretary under subsection (a) shall be
included in the report under subsection (b).''.
(b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.), as amended by section 201, is further amended by adding at the
end the following:
``SEC. 725. <<NOTE: 29 USC 1185n.>> REPORTING ON PHARMACY
BENEFITS AND DRUG COSTS.
``(a) <<NOTE: Deadlines.>> In General.--Not later than 1 year after
the date of enactment of the Consolidated Appropriations Act, 2021, and
not later than June 1 of each year thereafter, a group health plan (or
health insurance coverage offered in connection with such a plan) shall
submit to the Secretary, the Secretary of Health and Human Services, and
the Secretary of the Treasury the following information with respect to
the health plan or coverage in the previous plan year:
``(1) The beginning and end dates of the plan year.
``(2) The number of participants and beneficiaries.
``(3) Each State in which the plan or coverage is offered.
``(4) The 50 brand prescription drugs most frequently
dispensed by pharmacies for claims paid by the plan or coverage,
and the total number of paid claims for each such drug.
``(5) The 50 most costly prescription drugs with respect to
the plan or coverage by total annual spending, and the annual
amount spent by the plan or coverage for each such drug.
``(6) The 50 prescription drugs with the greatest increase
in plan expenditures over the plan year preceding the plan year
that is the subject of the report, and, for each such drug, the
change in amounts expended by the plan or coverage in each such
plan year.
[[Page 134 STAT. 2920]]
``(7) Total spending on health care services by such group
health plan or health insurance coverage, broken down by--
``(A) the type of costs, including--
``(i) hospital costs;
``(ii) health care provider and clinical
service costs, for primary care and specialty care
separately;
``(iii) costs for prescription drugs; and
``(iv) other medical costs, including wellness
services; and
``(B) spending on prescription drugs by--
``(i) the health plan or coverage; and
``(ii) the participants and beneficiaries.
``(8) The average monthly premium--
``(A) paid by employers on behalf of participants
and beneficiaries, as applicable; and
``(B) paid by participants and beneficiaries.
``(9) Any impact on premiums by rebates, fees, and any other
remuneration paid by drug manufacturers to the plan or coverage
or its administrators or service providers, with respect to
prescription drugs prescribed to participants or beneficiaries
in the plan or coverage, including--
``(A) the amounts so paid for each therapeutic class
of drugs; and
``(B) the amounts so paid for each of the 25 drugs
that yielded the highest amount of rebates and other
remuneration under the plan or coverage from drug
manufacturers during the plan year.
``(10) Any reduction in premiums and out-of-pocket costs
associated with rebates, fees, or other remuneration described
in paragraph (9).
``(b) <<NOTE: Coordination. Web posting.>> Report.--Not later than
18 months after the date on which the first report is required under
subsection (a) and biannually thereafter, the Secretary, acting in
coordination with the Inspector General of the Department of Labor,
shall make available on the internet website of the Department of Labor
a report on prescription drug reimbursements under group health plans
(or health insurance coverage offered in connection with such a plan),
prescription drug pricing trends, and the role of prescription drug
costs in contributing to premium increases or decreases under such plans
or coverage, aggregated in such a way as no drug or plan specific
information will be made public.
``(c) Privacy Protections.--No confidential or trade secret
information submitted to the Secretary under subsection (a) shall be
included in the report under subsection (b).''.
(c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
of 1986, as amended by section 201, is further amended by adding at the
end the following:
``SEC. 9825. <<NOTE: 26 USC 9825.>> REPORTING ON PHARMACY
BENEFITS AND DRUG COSTS.
``(a) <<NOTE: Deadlines.>> In General.--Not later than 1 year after
the date of enactment of the Consolidated Appropriations Act, 2021, and
not later than June 1 of each year thereafter, a group health plan shall
submit to the Secretary, the Secretary of Health and Human Services, and
the Secretary of Labor the following information with respect to the
health plan in the previous plan year:
``(1) The beginning and end dates of the plan year.
``(2) The number of participants and beneficiaries.
[[Page 134 STAT. 2921]]
``(3) Each State in which the plan is offered.
``(4) The 50 brand prescription drugs most frequently
dispensed by pharmacies for claims paid by the plan, and the
total number of paid claims for each such drug.
``(5) The 50 most costly prescription drugs with respect to
the plan by total annual spending, and the annual amount spent
by the plan for each such drug.
``(6) The 50 prescription drugs with the greatest increase
in plan expenditures over the plan year preceding the plan year
that is the subject of the report, and, for each such drug, the
change in amounts expended by the plan in each such plan year.
``(7) Total spending on health care services by such group
health plan, broken down by--
``(A) the type of costs, including--
``(i) hospital costs;
``(ii) health care provider and clinical
service costs, for primary care and specialty care
separately;
``(iii) costs for prescription drugs; and
``(iv) other medical costs, including wellness
services; and
``(B) spending on prescription drugs by--
``(i) the health plan; and
``(ii) the participants and beneficiaries.
``(8) The average monthly premium--
``(A) paid by employers on behalf of participants
and beneficiaries, as applicable; and
``(B) paid by participants and beneficiaries.
``(9) Any impact on premiums by rebates, fees, and any other
remuneration paid by drug manufacturers to the plan or its
administrators or service providers, with respect to
prescription drugs prescribed to participants or beneficiaries
in the plan, including--
``(A) the amounts so paid for each therapeutic class
of drugs; and
``(B) the amounts so paid for each of the 25 drugs
that yielded the highest amount of rebates and other
remuneration under the plan from drug manufacturers
during the plan year.
``(10) Any reduction in premiums and out-of-pocket costs
associated with rebates, fees, or other remuneration described
in paragraph (9).
``(b) <<NOTE: Coordination. Web posting.>> Report.--Not later than
18 months after the date on which the first report is required under
subsection (a) and biannually thereafter, the Secretary, acting in
coordination with the Inspector General of the Department of the
Treasury, shall make available on the internet website of the Department
of the Treasury a report on prescription drug reimbursements under group
health plans, prescription drug pricing trends, and the role of
prescription drug costs in contributing to premium increases or
decreases under such plans, aggregated in such a way as no drug or plan
specific information will be made public.
``(c) Privacy Protections.--No confidential or trade secret
information submitted to the Secretary under subsection (a) shall be
included in the report under subsection (b).''.
(d) Clerical Amendments.--
[[Page 134 STAT. 2922]]
(1) ERISA.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.), as amended by section 201, is further amended by
inserting after the item relating to section 724 the following
new item:
``Sec. 725. Reporting on pharmacy benefits and drug costs.''.
(2) IRC.--The table of sections for subchapter B of chapter
100 of the Internal Revenue Code of 1986, as amended by section
201, <<NOTE: 26 USC 9811 prec.>> is further amended by adding
at the end the following new item:
``Sec. 9825. Reporting on pharmacy benefits and drug costs.''.
TITLE III--PUBLIC HEALTH PROVISIONS
Subtitle A--Extenders Provisions
SEC. 301. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL
HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME
PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
amended by striking ``, $4,000,000,000 for fiscal year 2019,
$4,000,000,000 for fiscal year 2020, and $865,753,425 for the period
beginning on October 1, 2020, and ending on December 18, 2020'' and
inserting ``and $4,000,000,000 for each of fiscal years 2019 through
2023''.
(b) National Health Service Corps.--Section 10503(b)(2)(H) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
is amended by striking `` $67,095,890 for the period beginning on
October 1, 2020, and ending on December 18, 2020'' and inserting ``
$310,000,000 for each of fiscal years 2021 through 2023''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended--
(1) by inserting ``and'' after ``2017,''; and
(2) by striking ``fiscal year 2020, and $27,379,452 for the
period beginning on October 1, 2020, and ending on December 18,
2020'' and inserting ``2023''.
(d) Application of Provisions.--Amounts appropriated pursuant to the
amendments made by this section for fiscal years 2021 through 2023 shall
be subject to the requirements contained in Public Law 116-94 for funds
for programs authorized under sections 330 through 340 of the Public
Health Service Act.
(e) Conforming Amendments.--Paragraph (4) of section 3014(h) of
title 18, United States Code, as amended by section 1201(e) of the
Further Continuing Appropriations Act, 2021, and Other Extensions Act,
is amended by striking ``and section 1201(d) of the Further Continuing
Appropriations Act, 2021, and Other Extensions Act'' and inserting ``,
section 1201(d) of the Further Continuing Appropriations Act, 2021, and
Other Extensions Act,
[[Page 134 STAT. 2923]]
and section 301(d) of division BB of the Consolidated Appropriations
Act, 2021.''.
SEC. 302. DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``2020, and
$32,465,753 for the period beginning on October 1, 2020, and ending on
December 18, 2020'' and inserting ``2023''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``2020, and
$32,465,753 for the period beginning on October 1, 2020, and ending on
December 18, 2020'' and inserting ``2023''.
Subtitle B--Strengthening Public Health
SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.
(a) <<NOTE: Repeal.>> In General.--The Public Health Service Act is
amended by striking section 313 of such Act (42 U.S.C. 245) and
inserting the following:
``SEC. 313. <<NOTE: 42 USC 245.>> PUBLIC AWARENESS CAMPAIGN ON
THE IMPORTANCE OF VACCINATIONS.
``(a) <<NOTE: Coordination. Grants. Contracts.>> In General.--The
Secretary, acting through the Director of the Centers for Disease
Control and Prevention and in coordination with other offices and
agencies, as appropriate, shall award competitive grants or contracts to
one or more public or private entities to carry out a national,
evidence-based campaign to increase awareness and knowledge of the
safety and effectiveness of vaccines for the prevention and control of
diseases, combat misinformation about vaccines, and disseminate
scientific and evidence-based vaccine-related information, with the goal
of increasing rates of vaccination across all ages, as applicable,
particularly in communities with low rates of vaccination, to reduce and
eliminate vaccine-preventable diseases.
``(b) Consultation.--In carrying out the campaign under this
section, the Secretary shall consult with appropriate public health and
medical experts, including the National Academy of Medicine and medical
and public health associations and nonprofit organizations, in the
development, implementation, and evaluation of the evidence-based public
awareness campaign.
``(c) Requirements.--The campaign under this section shall--
``(1) be a nationwide, evidence-based media and public
engagement initiative;
``(2) include the development of resources for communities
with low rates of vaccination, including culturally and
linguistically appropriate resources, as applicable;
``(3) include the dissemination of vaccine information and
communication resources to public health departments, health
care providers, and health care facilities, including such
providers and facilities that provide prenatal and pediatric
care;
``(4) be complementary to, and coordinated with, any other
Federal, State, local, or Tribal efforts, as appropriate; and
``(5) <<NOTE: Assessment.>> assess the effectiveness of
communication strategies to increase rates of vaccination.
``(d) Additional Activities.--The campaign under this section may--
[[Page 134 STAT. 2924]]
``(1) include the use of television, radio, the internet,
and other media and telecommunications technologies;
``(2) include the use of in-person activities;
``(3) be focused to address specific needs of communities
and populations with low rates of vaccination; and
``(4) include the dissemination of scientific and evidence-
based vaccine-related information, such as--
``(A) advancements in evidence-based research
related to diseases that may be prevented by vaccines
and vaccine development;
``(B) information on vaccinations for individuals
and communities, including individuals for whom vaccines
are not recommended by the Advisory Committee for
Immunization Practices, and the effects of low
vaccination rates within a community on such
individuals;
``(C) information on diseases that may be prevented
by vaccines; and
``(D) information on vaccine safety and the systems
in place to monitor vaccine safety.
``(e) Evaluation.--The Secretary shall--
``(1) establish benchmarks and metrics to quantitatively
measure and evaluate the awareness campaign under this section;
``(2) <<NOTE: Assessments.>> conduct qualitative
assessments regarding the awareness campaign under this section;
and
``(3) prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and Committee on
Energy and Commerce of the House of Representatives an
evaluation of the awareness campaign under this section.
``(f) Supplement Not Supplant.--Funds appropriated under this
section shall be used to supplement and not supplant other Federal,
State, and local public funds provided for activities described in this
section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section and subsections (k) and (n) of
section 317, $15,000,000 for each of fiscal years 2021 through 2025.''.
(b) Grants to Address Vaccine-preventable Diseases.--Section 317 of
the Public Health Service Act (42 U.S.C. 247b) is amended--
(1) in subsection (k)(1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(E) planning, implementation, and evaluation of activities
to address vaccine-preventable diseases, including activities
to--
``(i) identify communities at high risk of outbreaks
related to vaccine-preventable diseases, including
through improved data collection and analysis;
``(ii) pilot innovative approaches to improve
vaccination rates in communities and among populations
with low rates of vaccination;
[[Page 134 STAT. 2925]]
``(iii) reduce barriers to accessing vaccines and
evidence-based information about the health effects of
vaccines;
``(iv) partner with community organizations and
health care providers to develop and deliver evidence-
based interventions, including culturally and
linguistically appropriate interventions, to increase
vaccination rates;
``(v) improve delivery of evidence-based vaccine-
related information to parents and others; and
``(vi) improve the ability of State, local, Tribal,
and territorial public health departments to engage
communities at high risk for outbreaks related to
vaccine-preventable diseases, including, as appropriate,
with local educational agencies, as defined in section
8101 of the Elementary and Secondary Education Act of
1965; and
``(F) research related to strategies for improving awareness
of scientific and evidence-based vaccine-related information,
including for communities with low rates of vaccination, in
order to understand barriers to vaccination, improve vaccination
rates, and assess the public health outcomes of such
strategies.''; and
(2) by adding at the end the following:
``(n) <<NOTE: Analysis. Assessments.>> Vaccination Data.--The
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall expand and enhance, and, as appropriate,
establish and improve, programs and conduct activities to collect,
monitor, and analyze vaccination coverage data to assess levels of
protection from vaccine-preventable diseases, including by assessing
factors contributing to underutilization of vaccines and variations of
such factors, and identifying communities at high risk of outbreaks
associated with vaccine-preventable diseases.''.
(c) Supplemental Grant Funds.--Section 330(d)(1) of the Public
Health Service Act (42 U.S.C. 254b) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(H) improving access to recommended
immunizations.''.
(d) Update of 2015 NVAC Report.--The National Vaccine Advisory
Committee established under section 2105 of the Public Health Service
Act (42 U.S.C. 300aa-5) shall, as appropriate, update the report
entitled, ``Assessing the State of Vaccine Confidence in the United
States: Recommendations from the National Vaccine Advisory Committee'',
approved by the National Vaccine Advisory Committee on June 10, 2015,
with respect to factors affecting childhood vaccination.
SEC. 312. <<NOTE: 42 USC 280h-3 note.>> GUIDE ON EVIDENCE-BASED
STRATEGIES FOR PUBLIC HEALTH DEPARTMENT
OBESITY PREVENTION PRO-
GRAMS.
(a) <<NOTE: Deadline.>> Development and Dissemination of an
Evidence-based Strategies Guide.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), acting
through the Director of the Centers for Disease Control and Prevention,
not later than 2 years after the date of enactment of this Act, may--
[[Page 134 STAT. 2926]]
(1) <<NOTE: Consultation. Native Americans.>> develop a
guide on evidence-based strategies for State, territorial, and
local health departments to use to build and maintain effective
obesity prevention and reduction programs, and, in consultation
with Indian Tribes, Tribal organizations, and urban Indian
organizations, a guide on such evidence-based strategies with
respect to Indian Tribes and Tribal organizations for such
Indian Tribes and Tribal organizations to use for such purpose,
both of which guides shall--
(A) describe an integrated program structure for
implementing interventions proven to be effective in
preventing and reducing the incidence of obesity; and
(B) <<NOTE: Recommenda- tions.>> recommend--
(i) optimal resources, including staffing and
infrastructure, for promoting nutrition and
obesity prevention and reduction; and
(ii) strategies for effective obesity
prevention programs for State, territorial, and
local health departments, Indian Tribes, and
Tribal organizations, including strategies related
to--
(I) the application of evidence-
based and evidence-informed practices to
prevent and reduce obesity rates;
(II) the development,
implementation, and evaluation of
obesity prevention and reduction
strategies for specific communities and
populations;
(III) demonstrated knowledge of
obesity prevention practices that reduce
associated preventable diseases, health
conditions, death, and health care
costs;
(IV) best practices for the
coordination of efforts to prevent and
reduce obesity and related chronic
diseases;
(V) addressing the underlying risk
factors and social determinants of
health that impact obesity rates; and
(VI) interdisciplinary coordination
between relevant public health officials
specializing in fields such as
nutrition, physical activity,
epidemiology, communications, and policy
implementation, and collaboration
between public health officials,
community-based organizations, and
others, as appropriate; and
(2) disseminate the guides and current research, evidence-
based practices, tools, and educational materials related to
obesity prevention, consistent with the guides, to State,
territorial, and local health departments, Indian Tribes, and
Tribal organizations.
(b) Technical Assistance.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
provide technical assistance to State, territorial, and local health
departments, Indian Tribes, and Tribal organizations to support such
health departments in implementing the guide developed under subsection
(a)(1).
(c) <<NOTE: Definitions.>> Indian Tribes; Tribal Organizations;
Urban Indian Organizations.--In this section--
[[Page 134 STAT. 2927]]
(1) the terms ``Indian Tribe'' and ``Tribal organization''
have the meanings given the terms ``Indian tribe'' and ``tribal
organization'', respectively, in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304); and
(2) the term ``urban Indian organization'' has the meaning
given such term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
SEC. 313. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
Title III of the Public Health Service Act is amended by inserting
after section 330M (42 U.S.C. 254c-19) the following:
``SEC. 330N. <<NOTE: 42 USC 254c-20.>> EXPANDING CAPACITY FOR
HEALTH OUTCOMES.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity that provides, or supports the provision of, health care
services in rural areas, frontier areas, health professional
shortage areas, or medically underserved areas, or to medically
underserved populations or Native Americans, including Indian
Tribes, Tribal organizations, and urban Indian organizations,
and which may include entities leading, or capable of leading, a
technology-enabled collaborative learning and capacity building
model or engaging in technology-enabled collaborative training
of participants in such model.
``(2) Health professional shortage area.--The term `health
professional shortage area' means a health professional shortage
area designated under section 332.
``(3) Indian tribe.--The terms `Indian Tribe' and `Tribal
organization' have the meanings given the terms `Indian tribe'
and `tribal organization' in section 4 of the Indian Self-
Determination and Education Assistance Act.
``(4) Medically underserved population.--The term `medically
underserved population' has the meaning given the term in
section 330(b)(3).
``(5) Native americans.--The term `Native Americans' has the
meaning given the term in section 736 and includes Indian Tribes
and Tribal organizations.
``(6) Technology-enabled collaborative learning and capacity
building model.--The term `technology-enabled collaborative
learning and capacity building model' means a distance health
education model that connects health care professionals, and
particularly specialists, with multiple other health care
professionals through simultaneous interactive videoconferencing
for the purpose of facilitating case-based learning,
disseminating best practices, and evaluating outcomes.
``(7) Urban indian organization.--The term `urban Indian
organization' has the meaning given the term in section 4 of the
Indian Health Care Improvement Act.
``(b) <<NOTE: Grants. Evaluation.>> Program Established.--The
Secretary shall, as appropriate, award grants to evaluate, develop, and,
as appropriate, expand the use of technology-enabled collaborative
learning and capacity building models, to improve retention of health
care providers and increase access to health care services, such as
those to address chronic diseases and conditions, infectious diseases,
mental health, substance use disorders, prenatal and maternal health,
pediatric care, pain management, palliative care, and other specialty
care in rural areas, frontier areas, health professional
[[Page 134 STAT. 2928]]
shortage areas, or medically underserved areas and for medically
underserved populations or Native Americans.
``(c) Use of Funds.--
``(1) In general.--Grants awarded under subsection (b) shall
be used for--
``(A) the development and acquisition of
instructional programming, and the training of health
care providers and other professionals that provide or
assist in the provision of services through models
described in subsection (b), such as training on best
practices for data collection and leading or
participating in such technology-enabled activities
consistent with technology-enabled collaborative
learning and capacity-building models;
``(B) information collection and evaluation
activities to study the impact of such models on patient
outcomes and health care providers, and to identify best
practices for the expansion and use of such models; or
``(C) other activities consistent with achieving the
objectives of the grants awarded under this section, as
determined by the Secretary.
``(2) Other uses.--In addition to any of the uses under
paragraph (1), grants awarded under subsection (b) may be used
for--
``(A) equipment to support the use and expansion of
technology-enabled collaborative learning and capacity
building models, including for hardware and software
that enables distance learning, health care provider
support, and the secure exchange of electronic health
information; or
``(B) support for health care providers and other
professionals that provide or assist in the provision of
services through such models.
``(d) Length of Grants.--Grants awarded under subsection (b) shall
be for a period of up to 5 years.
``(e) Grant Requirements.--The Secretary may require entities
awarded a grant under this section to collect information on the effect
of the use of technology-enabled collaborative learning and capacity
building models, such as on health outcomes, access to health care
services, quality of care, and provider retention in areas and
populations described in subsection
(b). <<NOTE: Contracts. Coordination. Assessment.>> The Secretary may
award a grant or contract to assist in the coordination of such models,
including to assess outcomes associated with the use of such models in
grants awarded under subsection (b), including for the purpose described
in subsection (c)(1)(B).
``(f) Application.--An eligible entity that seeks to receive a grant
under subsection (b) shall submit to the Secretary an application, at
such time, in such manner, and containing such information as the
Secretary may require. <<NOTE: Assessment.>> Such application shall
include plans to assess the effect of technology-enabled collaborative
learning and capacity building models on patient outcomes and health
care providers.
``(g) <<NOTE: Coordination.>> Access to Broadband.--In
administering grants under this section, the Secretary may coordinate
with other agencies to ensure that funding opportunities are available
to support access to reliable, high-speed internet for grantees.
``(h) <<NOTE: Contracts.>> Technical Assistance.--The Secretary
shall provide (either directly through the Department of Health and
Human
[[Page 134 STAT. 2929]]
Services or by contract) technical assistance to eligible entities,
including recipients of grants under subsection (b), on the development,
use, and evaluation of technology-enabled collaborative learning and
capacity building models in order to expand access to health care
services provided by such entities, including for medically underserved
areas and to medically underserved populations or Native Americans.
``(i) <<NOTE: Consultation. Strategic plan.>> Research and
Evaluation.--The Secretary, in consultation with stakeholders with
appropriate expertise in such models, shall develop a strategic plan to
research and evaluate the evidence for such models. The Secretary shall
use such plan to inform the activities carried out under this section.
``(j) <<NOTE: Web posting.>> Report by Secretary.--Not later than 4
years after the date of enactment of this section, the Secretary shall
prepare and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives, and post on the internet website of the
Department of Health and Human Services, a report including, at
minimum--
``(1) a description of any new and continuing grants awarded
to entities under subsection (b) and the specific purpose and
amounts of such grants;
``(2) an overview of--
``(A) the evaluations conducted under subsections
(b);
``(B) technical assistance provided under subsection
(h); and
``(C) activities conducted by entities awarded
grants under subsection (b); and
``(3) a description of any significant findings or
developments related to patient outcomes or health care
providers and best practices for eligible entities expanding,
using, or evaluating technology-enabled collaborative learning
and capacity building models, including through the activities
described in subsection (h).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 314. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.
Subtitle C of title XXVIII of the Public Health Service Act (42
U.S.C. 300hh-31 et seq.) is amended by adding at the end the following:
``SEC. 2823. <<NOTE: 42 USC 300hh-33.>> PUBLIC HEALTH DATA SYSTEM
MODERNIZATION.
``(a) Expanding CDC and Public Health Department Capabilities.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall--
``(A) conduct activities to expand, modernize,
improve, and sustain applicable public health data
systems used by the Centers for Disease Control and
Prevention, including with respect to the
interoperability and improvement of such systems
(including as it relates to preparedness for, prevention
and detection of, and response to public health
emergencies); and
``(B) <<NOTE: Grants. Contracts.>> award grants or
cooperative agreements to State, local, Tribal, or
territorial public health departments for
[[Page 134 STAT. 2930]]
the expansion and modernization of public health data
systems, to assist public health departments and public
health laboratories in--
``(i) <<NOTE: Assessments.>> assessing
current data infrastructure capabilities and gaps
to--
``(I) improve and increase
consistency in data collection, storage,
and analysis; and
``(II) as appropriate, improve
dissemination of public health-related
information;
``(ii) improving secure public health data
collection, transmission, exchange, maintenance,
and analysis, including with respect to
demographic data, as appropriate;
``(iii) improving the secure exchange of data
between the Centers for Disease Control and
Prevention, State, local, Tribal, and territorial
public health departments, public health
laboratories, public health organizations, and
health care providers, including by public health
officials in multiple jurisdictions within such
State, as appropriate, and by simplifying and
supporting reporting by health care providers, as
applicable, pursuant to State law, including
through the use of health information technology;
``(iv) enhancing the interoperability of
public health data systems (including systems
created or accessed by public health departments)
with health information technology, including with
health information technology certified under
section 3001(c)(5);
``(v) supporting and training data systems,
data science, and informatics personnel;
``(vi) supporting earlier disease and health
condition detection, such as through near real-
time data monitoring, to support rapid public
health responses;
``(vii) supporting activities within the
applicable jurisdiction related to the expansion
and modernization of electronic case reporting;
and
``(viii) developing and disseminating
information related to the use and importance of
public health data.
``(2) <<NOTE: Consultation.>> Data standards.--In carrying
out paragraph (1), the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall, as
appropriate and in consultation with the Office of the National
Coordinator for Health Information Technology, designate data
and technology standards (including standards for
interoperability) for public health data systems, with deference
given to standards published by consensus-based standards
development organizations with public input and voluntary
consensus-based standards bodies.
``(3) Public-private partnerships.--The Secretary may
develop and utilize public-private partnerships for technical
assistance, training, and related implementation support for
State, local, Tribal, and territorial public health departments,
and the Centers for Disease Control and Prevention, on the
expansion and modernization of electronic case reporting and
public health data systems, as applicable.
``(b) Requirements.--
[[Page 134 STAT. 2931]]
``(1) Health information technology standards.--The
Secretary may not award a grant or cooperative agreement under
subsection (a)(1)(B) unless the applicant uses or agrees to use
standards endorsed by the National Coordinator for Health
Information Technology pursuant to section 3001(c)(1) or adopted
by the Secretary under section 3004.
``(2) <<NOTE: Determination.>> Waiver.--The Secretary may
waive the requirement under paragraph (1) with respect to an
applicant if the Secretary determines that the activities under
subsection (a)(1)(B) cannot otherwise be carried out within the
applicable jurisdiction.
``(3) Application.--A State, local, Tribal, or territorial
health department applying for a grant or cooperative agreement
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
Such application shall include information describing--
``(A) the activities that will be supported by the
grant or cooperative agreement; and
``(B) how the modernization of the public health
data systems involved will support or impact the public
health infrastructure of the health department,
including a description of remaining gaps, if any, and
the actions needed to address such gaps.
``(c) <<NOTE: Deadline.>> Strategy and Implementation Plan.--Not
later than 180 days after the date of enactment of this section, the
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a coordinated strategy and
an accompanying implementation plan that identifies and demonstrates the
measures the Secretary will utilize to--
``(1) update and improve applicable public health data
systems used by the Centers for Disease Control and Prevention;
and
``(2) carry out the activities described in this section to
support the improvement of State, local, Tribal, and territorial
public health data systems.
``(d) Consultation.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall consult with
State, local, Tribal, and territorial health departments, professional
medical and public health associations, associations representing
hospitals or other health care entities, health information technology
experts, and other appropriate public or private entities regarding the
plan and grant program to modernize public health data systems pursuant
to this section. Activities under this subsection may include the
provision of technical assistance and training related to the exchange
of information by such public health data systems used by relevant
health care and public health entities at the local, State, Federal,
Tribal, and territorial levels, and the development and utilization of
public-private partnerships for implementation support applicable to
this section.
``(e) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit a report to the
Committee on Health, Education, Labor, and Pensions
[[Page 134 STAT. 2932]]
of the Senate and the Committee on Energy and Commerce of the House of
Representatives that includes--
``(1) a description of any barriers to--
``(A) public health authorities implementing
interoperable public health data systems and electronic
case reporting;
``(B) the exchange of information pursuant to
electronic case reporting;
``(C) reporting by health care providers using such
public health data systems, as appropriate, and pursuant
to State law; or
``(D) improving demographic data collection or
analysis;
``(2) <<NOTE: Assessment.>> an assessment of the potential
public health impact of implementing electronic case reporting
and interoperable public health data systems; and
``(3) a description of the activities carried out pursuant
to this section.
``(f) <<NOTE: Definition.>> Electronic Case Reporting.--In this
section, the term `electronic case reporting' means the automated
identification, generation, and bilateral exchange of reports of health
events among electronic health record or health information technology
systems and public health authorities.
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $100,000,000 for each of fiscal
years 2021 through 2025.''.
SEC. 315. NATIVE AMERICAN SUICIDE PREVENTION.
Section 520E(b) of the Public Health Service Act (42 U.S.C. 290bb-
36(b) is amended by inserting after paragraph (3) the following:
``(4) Consultation.--An entity described in paragraph (1)(A)
or (1)(B) that applies for a grant or cooperative agreement
under this section shall agree to consult or confer with
entities described in paragraph (1)(C) and Native Hawaiian
Health Care Systems, as applicable, in the applicable State with
respect to the development and implementation of a statewide
early intervention strategy.''.
SEC. 316. REAUTHORIZATION OF THE YOUNG WOMEN'S BREAST HEALTH
EDUCATION AND AWARENESS REQUIRES
LEARNING YOUNG ACT OF 2009.
Section 399NN(h) of the Public Health Service Act (42 U.S.C.
280m(h)) is amended by striking `` $4,900,000 for each of fiscal years
2015 through 2019'' and inserting `` $9,000,000 for each of fiscal years
2022 through 2026''.
SEC. 317. REAUTHORIZATION OF SCHOOL-BASED HEALTH CENTERS.
Section 399Z-1(l) of the Public Health Service Act (42 U.S.C. 280h-
5(l)) is amended by striking ``2010 through 2014'' and inserting ``2022
through 2026''.
Subtitle C--FDA Amendments
SEC. 321. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
EXTENSION.
Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff(b)(5)) is amended--
[[Page 134 STAT. 2933]]
(1) by striking ``December 18, 2020'' each place it appears
and inserting ``September 30, 2024''; and
(2) in subparagraph (B), by striking ``December 18, 2022''
and inserting ``September 30, 2026''.
SEC. 322. CONDITIONS OF USE FOR BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 351(k)(2)(A)(iii) of the Public Health Service Act (42
U.S.C. 262(k)(2)(A)(iii)) is amended--
(1) in subclause (I), by striking ``; and'' and inserting a
semicolon;
(2) in subclause (II), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(III) may include information to
show that the conditions of use
prescribed, recommended, or suggested in
the labeling proposed for the biological
product have been previously approved
for the reference product.''.
SEC. 323. ORPHAN DRUG CLARIFICATION.
Section 527(c) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360cc(c)) is amended by adding at the end the following:
``(3) Applicability.--This subsection applies to any drug
designated under section 526 for which an application was
approved under section 505 of this Act or licensed under section
351 of the Public Health Service Act after the date of enactment
of the FDA Reauthorization Act of 2017, regardless of the date
on which such drug was designated under section 526.''.
SEC. 324. MODERNIZING THE LABELING OF CERTAIN GENERIC DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
et seq.) is amended by inserting after section 503C the following:
``SEC. 503D. <<NOTE: 21 USC 353d.>> PROCESS TO UPDATE LABELING
FOR CERTAIN GENERIC DRUGS.
``(a) Definitions.--For purposes of this section:
``(1) The term `covered drug' means a drug approved under
section 505(c)--
``(A) for which there are no unexpired patents
included in the list under section 505(j)(7) and no
unexpired period of exclusivity;
``(B) for which the approval of the application has
been withdrawn for reasons other than safety or
effectiveness; and
``(C) for which--
``(i)(I) there is new scientific evidence
available pertaining to new or existing conditions
of use that is not reflected in the approved
labeling;
``(II) the approved labeling does not reflect
current legal and regulatory requirements for
content or format; or
``(III) there is a relevant accepted use in
clinical practice that is not reflected in the
approved labeling; and
``(ii) updating the approved labeling would
benefit the public health.
[[Page 134 STAT. 2934]]
``(2) The term `period of exclusivity', with respect to a
drug approved under section 505(c), means any period of
exclusivity under clause (ii), (iii), or (iv) of section
505(c)(3)(E), clause (ii), (iii), or (iv) of section
505(j)(5)(F), or section 505A, 505E, or 527.
``(3) The term `generic version' means a drug approved under
section 505(j) whose reference listed drug is a covered drug.
``(4) The term `relevant accepted use' means a use for a
drug in clinical practice that is supported by scientific
evidence that appears to the Secretary to meet the standards for
approval under section 505.
``(5) The term `selected drug' means a covered drug for
which the Secretary has determined through the process under
subsection (c) that the labeling should be changed.
``(b) Identification of Covered Drugs.--The Secretary may identify
covered drugs for which labeling updates would provide a public health
benefit. To assist in identifying covered drugs, the Secretary may do
one or both of the following:
``(1) <<NOTE: Contracts. Review.>> Enter into cooperative
agreements or contracts with public or private entities to
review the available scientific evidence concerning such drugs.
``(2) <<NOTE: Public comments.>> Seek public input
concerning such drugs, including input on whether there is a
relevant accepted use in clinical practice that is not reflected
in the approved labeling of such drugs or whether new scientific
evidence is available regarding the conditions of use for such
drug, by--
``(A) holding one or more public meetings;
``(B) opening a public docket for the submission of
public comments; or
``(C) other means, as the Secretary determines
appropriate.
``(c) <<NOTE: Determination.>> Selection of Drugs for Updating.--If
the Secretary determines, with respect to a covered drug, that the
available scientific evidence meets the standards under section 505 for
adding or modifying information to the labeling or providing
supplemental information to the labeling regarding the use of the
covered drug, the Secretary may initiate the process under subsection
(d).
``(d) <<NOTE: Determination. Notice.>> Initiation of the Process of
Updating.--If the Secretary determines that labeling changes are
appropriate for a selected drug pursuant to subsection (c), the
Secretary shall provide notice to the holders of approved applications
for a generic version of such drug that--
``(1) <<NOTE: Summary.>> summarizes the findings supporting
the determination of the Secretary that the available scientific
evidence meets the standards under section 505 for adding or
modifying information or providing supplemental information to
the labeling of the covered drug pursuant to subsection (c);
``(2) provides a clear statement regarding the additional,
modified, or supplemental information for such labeling,
according to the determination by the Secretary (including, as
applicable, modifications to add the relevant accepted use to
the labeling of the drug as an additional indication for the
drug); and
``(3) states whether the statement under paragraph (2)
applies to the selected drug as a class of covered drugs or only
to a specific drug product.
[[Page 134 STAT. 2935]]
``(e) <<NOTE: Deadline.>> Response to Notification.--Within 30 days
of receipt of notification provided by the Secretary pursuant to
subsection (d), the holder of an approved application for a generic
version of the selected drug shall--
``(1) agree to change the approved labeling to reflect the
additional, modified, or supplemental information the Secretary
has determined to be appropriate; or
``(2) notify the Secretary that the holder of the approved
application does not believe that the requested labeling changes
are warranted and submit a statement detailing the reasons why
such changes are not warranted.
``(f) <<NOTE: Determinations.>> Review of Application Holder's
Response.--
``(1) In general.--Upon receipt of the application holder's
response, the Secretary shall promptly review each statement
received under subsection (e)(2) and determine which labeling
changes pursuant to the Secretary's notice under subsection (d)
are appropriate, if any. If the Secretary disagrees with the
reasons why such labeling changes are not warranted, the
Secretary shall provide opportunity for discussions with the
application holders to reach agreement on whether the labeling
for the covered drug should be updated to reflect available
scientific evidence, and if so, the content of such labeling
changes.
``(2) <<NOTE: Updates.>> Changes to labeling.--After
considering all responses from the holder of an approved
application under paragraph (1) or (2) of subsection (e), and
any discussion under paragraph (1), the Secretary may order such
holder to make the labeling changes the Secretary determines are
appropriate. Such holder of an approved application shall--
``(A) update its paper labeling for the drug at the
next printing of that labeling;
``(B) update any electronic labeling for the drug
within 30 days of such order; and
``(C) submit the revised labeling through the form,
`Supplement--Changes Being Effected'.
``(g) Violation.--If the holder of an approved application for the
generic version of the selected drug does not comply with the
requirements of subsection (f)(2), such generic version of the selected
drug shall be deemed to be misbranded under section 502.
``(h) Limitations; Generic Drugs.--
``(1) In general.--With respect to any labeling change
required under this section, the generic version shall be deemed
to have the same conditions of use and the same labeling as its
reference listed drug for purposes of clauses (i) and (v) of
section 505(j)(2)(A). Any labeling change so required shall not
have any legal effect for the applicant that is different than
the legal effect that would have resulted if a supplemental
application had been submitted and approved to conform the
labeling of the generic version to a change in the labeling of
the reference drug.
``(2) Supplemental applications.--Changes to labeling made
in accordance with this section shall not be eligible for an
exclusivity period under this Act.
``(3) Selection of drugs.--The Secretary shall not identify
a drug as a covered drug or select a drug label for updating
under subsection (b) or (c) solely based on the availability
[[Page 134 STAT. 2936]]
of new safety information. Upon <<NOTE: Determinations.>>
identification of a drug as a covered drug under subsection (b),
the Secretary may then consider the availability of new safety
information (as defined in section 505-1(b)) in determining
whether the drug is a selected drug and in determining what
labeling changes are appropriate.
``(i) Rules of Construction.--
``(1) Approval standards.--This section shall not be
construed as altering the applicability of the standards for
approval of an application under section 505. No order shall be
issued under this subsection unless the scientific evidence
supporting the changed labeling meets the standards for approval
applicable to any change to labeling under section 505.
``(2) Removal of information.--Nothing in this section shall
be construed to give the Secretary additional authority to
remove approved indications for drugs, other than the authority
described in this section.
``(3) Secretary authority.--Nothing in this section shall be
construed to limit the authority of the Secretary to require
labeling changes under section 505(o).
``(4) Maintenance of labeling.--Nothing in this section
shall be construed to affect the responsibility of the holder of
an approved application under section 505(j) to maintain its
labeling in accordance with existing requirements, including
subpart B of part 201 and sections 314.70 and 314.97 of title
21, Code of Federal Regulations (or any successor regulations).
``(j) <<NOTE: Time period.>> Reports.--Not later than 4 years after
the date of the enactment of this section, and every 4 years thereafter,
the Secretary shall prepare and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report that--
``(1) describes the actions of the Secretary under this
section, including--
``(A) the number of covered drugs and description of
the types of drugs the Secretary has selected for
labeling changes and the rationale for such recommended
changes; and
``(B) the number of times the Secretary entered into
discussions concerning a disagreement with an
application holder or holders and a summary of the
decision regarding a labeling change, if any; and
``(2) <<NOTE: Recommenda- tions.>> includes any
recommendations of the Secretary for modifying the program under
this section.''.
SEC. 325. BIOLOGICAL PRODUCT PATENT TRANSPARENCY.
(a) In General.--Section 351(k) of the Public Health Service Act (42
U.S.C. 262(k)) is amended by adding at the end the following:
``(9) Public listing.--
``(A) In general.--
``(i) <<NOTE: Deadline.>> Initial
publication.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary
shall publish and make available to the public in
a searchable, electronic format--
``(I) a list of each biological
product, by nonproprietary name (proper
name), for which, as of
[[Page 134 STAT. 2937]]
such date of enactment, a biologics
license under subsection (a) or this
subsection is in effect, or that, as of
such date of enactment, is deemed to be
licensed under this section pursuant to
section 7002(e)(4) of the Biologics
Price Competition and Innovation Act of
2009;
``(II) the date of licensure of the
marketing application and the
application number; and
``(III) with respect to each
biological product described in
subclause (I), the licensure status,
and, as available, the marketing status.
``(ii) <<NOTE: Time period.>> Revisions.--
Every 30 days after the publication of the first
list under clause (i), the Secretary shall revise
the list to include each biological product which
has been licensed under subsection (a) or this
subsection during the 30-day period or deemed
licensed under this section pursuant to section
7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009.
``(iii) <<NOTE: Deadlines.>> Patent
information.--Not later than 30 days after a list
of patents under subsection (l)(3)(A), or a
supplement to such list under subsection (l)(7),
has been provided by the reference product sponsor
to the subsection (k) applicant respecting a
biological product included on the list published
under this subparagraph, the reference product
sponsor shall provide such list of patents (or
supplement thereto) and their corresponding expiry
dates to the Secretary, and the Secretary shall,
in revisions made under clause (ii), include such
information for such biological
product. <<NOTE: Updates.>> Within 30 days of
providing any subsequent or supplemental list of
patents to any subsequent subsection (k) applicant
under subsection (l)(3)(A) or (l)(7), the
reference product sponsor shall update the
information provided to the Secretary under this
clause with any additional patents from such
subsequent or supplemental list and their
corresponding expiry dates.
``(iv) Listing of exclusivities.--For each
biological product included on the list published
under this subparagraph, the Secretary shall
specify each exclusivity period under paragraph
(6) or paragraph (7) for which the Secretary has
determined such biological product to be eligible
and that has not concluded.
``(B) <<NOTE: Determination.>> Revocation or
suspension of license.--If the license of a biological
product is determined by the Secretary to have been
revoked or suspended for safety, purity, or potency
reasons, it may not be published in the list under
subparagraph (A). <<NOTE: Notification.>> If such
revocation or suspension occurred after inclusion of
such biological product in the list published under
subparagraph (A), the reference product sponsor shall
notify the Secretary that--
``(i) the biological product shall be
immediately removed from such list for the same
period as the revocation or suspension; and
``(ii) <<NOTE: Notice. Federal
Register, publication.>> a notice of the removal
shall be published in the Federal Register.''.
[[Page 134 STAT. 2938]]
(b) Review and Report on Types of Information To Be Listed.--Not
later than 3 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall--
(1) <<NOTE: Public comment.>> solicit public comment
regarding the type of information, if any, that should be added
to or removed from the list required by paragraph (9) of section
351(k) of the Public Health Service Act (42 U.S.C. 262(k)), as
added by subsection (a); and
(2) <<NOTE: Evaluation. Recommenda- tions.>> transmit to
Congress an evaluation of such comments, including any
recommendations about the types of information that should be
added to or removed from the list.
Subtitle D--Technical Corrections
SEC. 331. TECHNICAL CORRECTIONS.
(a) Education and Training Relating to Geriatrics.--Section
753(a)(7)(B) of the Public Health Service Act (42 U.S.C. 294c(a)(7)(B))
is amended, in the matter preceding clause (i), by striking ``Title VII
Health Care Workforce Reauthorization Act of 2019'' and inserting
``Coronavirus Aid, Relief, and Economic Security Act''.
(b) Nursing.--Section 851(d)(3) of the Public Health Service Act (42
U.S.C. 297t(d)(3)) is amended by striking ``Title VIII Nursing
Reauthorization Act'' and inserting ``Coronavirus Aid, Relief, and
Economic Security Act''.
(c) Citation.--Section 3404(a)(9) of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136) is amended by striking
``section 846A (42 U.S.C. 247n-1)'' and inserting ``section 846A (42
U.S.C. 297n-1)''.
(d) <<NOTE: 42 USC 294c note.>> Effective Date.--The amendments
made by subsections (a), (b), and (c) shall take effect as if included
in the enactment of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136).
DIVISION CC--HEALTH EXTENDERS
SEC. 1. TABLE OF CONTENTS.
Sec. 1. Table of contents.
TITLE I--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
Sec. 101. Extension of the work geographic index floor under the
medicare program.
Sec. 102. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 103. Extension of funding outreach and assistance for low-income
programs.
Sec. 104. Extension of medicare patient IVIG access demonstration
project.
Sec. 105. Extending the independence at home medical practice
demonstration program under the medicare program.
Subtitle B--Other Medicare Provisions
Sec. 111. Improving measurements under the skilled nursing facility
value-based purchasing program under the Medicare program.
Sec. 112. Providing the Medicare Payment Advisory Commission and
Medicaid and CHIP Payment and Access Commission with access
to certain drug payment information, including certain rebate
information.
Sec. 113. Moratorium on payment under the Medicare physician fee
schedule of the add on code for inherently complex evaluation
and management visits.
[[Page 134 STAT. 2939]]
Sec. 114. Temporary freeze of APM payment incentive thresholds.
Sec. 115. Permitting occupational therapists to conduct the initial
assessment visit and complete the comprehensive assessment
with respect to certain rehabilitation services for home
health agencies under the Medicare program.
Sec. 116. Centers for Medicare & Medicaid Services provider outreach and
reporting on cognitive assessment and care plan services.
Sec. 117. Continued coverage of certain temporary transitional home
infusion therapy services.
Sec. 118. Transitional coverage and retroactive Medicare part D coverage
for certain low-income beneficiaries.
Sec. 119. Increasing the use of real-time benefit tools to lower
beneficiary costs.
Sec. 120. Beneficiary enrollment simplification.
Sec. 121. Waiving budget neutrality for oxygen under the Medicare
program.
Sec. 122. Waiving medicare coinsurance for certain colorectal cancer
screening tests.
Sec. 123. Expanding access to mental health services furnished through
telehealth.
Sec. 124. Public-private partnership for health care waste, fraud, and
abuse detection.
Sec. 125. Medicare payment for rural emergency hospital services.
Sec. 126. Distribution of additional residency positions.
Sec. 127. Promoting Rural Hospital GME Funding Opportunity.
Sec. 128. Five-year extension of the rural community hospital
demonstration program.
Sec. 129. Extension of Frontier Community Health Integration Project
Demonstration.
Sec. 130. Improving rural health clinic payments.
Sec. 131. Medicare GME treatment of hospitals establishing new medical
residency training programs after hosting medical resident
rotators for short durations.
Sec. 132. Medicare payment for certain Federally qualified health center
and rural health clinic services furnished to hospice
patients.
Sec. 133. Delay to the implementation of the radiation oncology model
under the Medicare program.
Sec. 134. Improving access to skilled nursing facility services for
hemophilia patients.
TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES
Sec. 201. Eliminating DSH reductions for fiscal years 2021 through 2023.
Sec. 202. Supplemental payment reporting requirements.
Sec. 203. Medicaid shortfall and third party payments.
Sec. 204. Extension of Money Follows the Person Rebalancing
Demonstration.
Sec. 205. Extension of spousal impoverishment protections.
Sec. 206. Extension of community mental health services demonstration
program.
Sec. 207. Clarifying authority of State Medicaid fraud and abuse control
units to investigate and prosecute cases of Medicaid patient
abuse and neglect in any setting.
Sec. 208. Medicaid coverage for citizens of Freely Associated States.
Sec. 209. Medicaid coverage of certain medical transportation.
Sec. 210. Promoting access to life-saving therapies for Medicaid
enrollees by ensuring coverage of routine patient costs for
items and services furnished in connection with participation
in qualifying clinical trials.
TITLE III--HUMAN SERVICES
Sec. 301. Extension of TANF, child care entitlement to States, and
related programs.
Sec. 302. Personal responsibility education extension.
Sec. 303. Sexual risk avoidance education extension.
Sec. 304. Extension of support for current health professions
opportunity grants.
Sec. 305. Extension of MaryLee Allen Promoting Safe and Stable Families
Program and State court support.
TITLE IV--HEALTH OFFSETS
Sec. 401. Requiring certain manufacturers to report drug pricing
information with respect to drugs under the Medicare program.
Sec. 402. Extended months of coverage of immunosuppressive drugs for
kidney transplant patients and other renal dialysis
provisions.
Sec. 403. Permitting direct payment to physician assistants under
Medicare.
Sec. 404. Adjusting calculation of hospice cap amount under Medicare.
Sec. 405. Special rule for determination of ASP in cases of certain
noncovered self-administered drug products.
[[Page 134 STAT. 2940]]
Sec. 406. Medicaid Improvement Fund.
Sec. 407. Establishing hospice program survey and enforcement procedures
under the Medicare program.
Sec. 408. Medicare Improvement Fund.
TITLE V--MISCELLANEOUS
Sec. 501. Implementation funding.
TITLE I--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
116-136), section 2201 of the Continuing Appropriations Act, 2021 and
Other Extensions Act (Public Law 116-159), and section 1101 of the
Further Continuing Appropriations Act, 2021, and Other Extensions Act,
is amended <<NOTE: Ante, pp. 427, 730.>> by striking ``December 19,
2020'' and inserting ``January 1, 2024''.
SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
INPUT, AND SELECTION.
(a) Extension.--Section 1890(d)(2) of the Social Security Act (42
U.S.C. 1395aaa(d)(2)), as amended by section 1103 of the Further
Continuing Appropriations Act, 2021, and Other Extensions Act,
is <<NOTE: Ante, p. 1042.>> amended--
(1) in the first sentence, by striking ``and for the period
beginning on October 1, 2020, and ending on December 18, 2020,
the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020'' and
inserting `` $26,000,000 for fiscal year 2021, $20,000,000 for
fiscal year 2022, and $20,000,000 for fiscal year 2023''; and
(2) in the third sentence, by striking ``and 2020, and for
the period beginning on October 1, 2020, and ending on December
18, 2020'' and inserting ``2020, 2021, 2022, and 2023''.
(b) Additional Reporting Requirements.--Section 1890 of the Social
Security Act (42 U.S.C. 1395aaa) is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(B) by striking ``Congress.--By not later than'' and
inserting ``Congress.--
``(1) In general.--By not later than'';
(C) in subparagraph (A), as redesignated by this
paragraph, by striking the last sentence;
(D) in subparagraph (D), as so redesignated, by
striking ``A description'' and inserting ``Subject to
paragraph (2)(B), a description'';
(E) in subparagraph (E), as so redesignated, by
striking ``The amount'' and inserting ``Subject to
paragraph (2)(B), the amount'';
(F) in subparagraph (F), as so redesignated, by
striking ``Estimates'' and inserting ``Subject to
paragraph (2)(B), estimates''; and
(G) by adding at the end the following new
paragraph:
[[Page 134 STAT. 2941]]
``(2) Additional requirements for reports.--
``(A) Addressing gao report.--Each of the annual
reports submitted in 2021 and 2022 pursuant to paragraph
(1) shall also include the following:
``(i) <<NOTE: Analysis.>> A comprehensive
analysis detailing the ways in which the Centers
for Medicare & Medicaid Services has addressed
each of the recommendations set forth in the
report by the Government Accountability Office
(GAO-19-628) issued on September 19, 2019, and
titled `Health Care Quality: CMS Could More
Effectively Ensure Its Quality Measurement
Activities Promote Its Objectives'.
``(ii) A detailed description of--
``(I) any additional steps that the
Centers for Medicare & Medicaid Services
expects to take to address the findings
and recommendations set forth in such
report; and
``(II) the anticipated timing for
such steps.
``(B) Ensuring detailed information.--
``(i) In general.--In the case of an annual
report submitted in 2021 or a subsequent year
pursuant to paragraph (1), the information
required under--
``(I) paragraph (1)(D) shall also
include detailed information on each of
the activities described in clause (ii);
``(II) paragraph (1)(E) shall also
include detailed information on the
specific amounts obligated or expended
on each of the activities described in
clause (ii); and
``(III) paragraph (1)(F) shall also
include detailed information on the
specific quality measurement activities
required and future funding needed for
each of the activities described in
clause (ii).
``(ii) Activities described.--The activities
described in this clause are the following:
``(I) Measure selection activities.
``(II) Measure development
activities.
``(III) Public reporting activities.
``(IV) Education and outreach
activities.''; and
(2) by adding at the end the following new subsection:
``(f) Additional Reporting by the Secretary to Congress.--
``(1) In general.--By not later than September 30 of each
year (beginning with 2021), the Secretary shall submit to
Congress a report on the amount of unobligated balances for
appropriations relating to quality
measurement. <<NOTE: Plans.>> Such report shall include
detailed plans on how the Secretary expects to expend such
unobligated balances in the upcoming fiscal years.
``(2) Separate report.--The annual report required under
paragraph (1) shall be separate from the annual report required
under subsection (e).''.
(c) Input for Removal of Measures.--Section 1890(b) of the Social
Security Act (42 U.S.C. 1395aaa(b)) is amended by inserting after
paragraph (3) the following new paragraph:
``(4) Removal of measures.--The entity may provide input to
the Secretary on quality and efficiency measures described in
paragraph (7)(B) that could be considered for removal.''.
[[Page 134 STAT. 2942]]
(d) Prioritization of Measure Endorsement.--Section 1890(b) of the
Social Security Act (42 U.S.C. 1395aaa(b)) is amended by adding at the
end the following new paragraph:
``(9) Prioritization of measure endorsement.--The
Secretary--
``(A) <<NOTE: Time period.>> during the period
beginning on the date of the enactment of this paragraph
and ending on December 31, 2023, shall prioritize the
endorsement of measures relating to maternal morbidity
and mortality by the entity with a contract under
subsection (a) in connection with endorsement of
measures described in paragraph (2); and
``(B) <<NOTE: Effective date.>> on and after
January 1, 2024, may prioritize the endorsement of such
measures by such entity.''.
SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
INCOME PROGRAMS.
(a) State Health Insurance Programs.--Subsection (a)(1)(B) of
section 119 of the Medicare Improvements for Patients and Providers Act
of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
Patient Protection and Affordable Care Act (Public Law 111-148), section
610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-
67), section 110 of the Protecting Access to Medicare Act of 2014
(Public Law 113-93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
section 1402 of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
division B of the Further Continuing Appropriations Act, 2020, and
Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of
division N of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94), section 3803 of the CARES Act (Public Law 116-136), section
2203 of the Continuing Appropriations Act, 2021 and Other Extensions Act
(Public Law 116-159), and section 1102 of the Further Continuing
Appropriations Act, 2021, and Other Extensions Act, is <<NOTE: Ante, pp.
428, 730, 1042.>> amended--
(1) in clause (x), by striking at the end ``and''; and
(2) by striking clause (xi) and inserting the following
clauses:
``(xi) for fiscal year 2021, $15,000,000;
``(xii) for fiscal year 2022, $15,000,000; and
``(xiii) for fiscal year 2023, $15,000,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119, as so amended, is amended--
(1) in clause (x), by striking at the end ``and''; and
(2) by striking clause (xi) and inserting the following
clauses:
``(xi) for fiscal year 2021, $15,000,000;
``(xii) for fiscal year 2022, $15,000,000; and
``(xiii) for fiscal year 2023, $15,000,000.''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119, as so amended, is amended--
(1) in clause (x), by striking at the end ``and'';
(2) by striking clause (xi) and inserting the following
clauses:
``(xi) for fiscal year 2021, $5,000,000;
[[Page 134 STAT. 2943]]
``(xii) for fiscal year 2022, $5,000,000; and
``(xiii) for fiscal year 2023, $5,000,000,''.
(d) Contract With the National Center for Benefits and Outreach
Enrollment.--Subsection (d)(2) of such section 119, as so amended, is
amended--
(1) in clause (x), by striking at the end ``and'';
(2) by striking clause (xi) and inserting the following
clauses:
``(xi) for fiscal year 2021, $15,000,000;
``(xii) for fiscal year 2022, $15,000,000; and
``(xiii) for fiscal year 2023, $15,000,000.''.
SEC. 104. EXTENSION OF MEDICARE PATIENT IVIG ACCESS DEMONSTRATION
PROJECT.
(a) Extension of Demonstration Project.--Section 101(b) of the
Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers
Act of 2012 (42 U.S.C. 13951 note) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) <<NOTE: Effective date.>> Duration.--Beginning not
later than one year after the date of enactment of this Act, the
Secretary shall conduct the demonstration project for a period
of 3 years and, subject to the availability of funds under
subsection (g), the period beginning on October 1, 2017, and
ending on December 31, 2023.''; and
(2) in paragraph (2)--
(A) <<NOTE: Time periods.>> by amending the first
sentence to read as follows: ``The Secretary shall
enroll for participation in the demonstration project
for the period beginning on October 1, 2014, and ending
on September 30, 2020, not more than 4,000 Medicare
beneficiaries who have been diagnosed with primary
immunodeficiency disease and for the period beginning on
October 1, 2014, and ending on December 31, 2023, not
more than 6,500 Medicare beneficiaries who have been so
diagnosed.''; and
(B) by striking ``December 31, 2020'' and inserting
``December 31, 2023''.
(b) Updated Evaluation and Report.--Section 101(f) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Updated evaluation and report.--Not later than 2 years
after the date of the enactment of Consolidated Appropriations
Act, 2021, the Secretary shall submit to Congress an updated
report that contains the following:
``(A) The total number of beneficiaries enrolled in
the demonstration project during the updated report
period.
``(B) The total number of claims submitted for
services during the updated report period, disaggregated
by month.
``(C) <<NOTE: Analysis.>> An analysis of the impact
of the demonstration on beneficiary access to the in-
home administration of intravenous immune globin,
including the impact on beneficiary health.
``(D) <<NOTE: Analysis.>> An analysis of the impact
of in-home administration of intravenous immune globin
on overall costs to Medicare, including the cost
differential between in-home
[[Page 134 STAT. 2944]]
administration of intravenous immune globin and
administration of intravenous immune globin in a
healthcare facility.
``(E) <<NOTE: Survey.>> To the extent practicable,
a survey of providers and enrolled beneficiaries that
participated in the demonstration project that
identifies barriers to accessing services, including
reimbursement for items and services.
``(F) <<NOTE: Recommenda- tions.>> Recommendations
to Congress on the appropriateness of establishing a
permanent bundled services payment for the in-home
administration of intravenous immune globin for Medicare
beneficiaries.''.
(c) Definition of Updated Report Period.--Section 101(h) is amended
by adding at the end the following new paragraph:
``(4) Updated report period.--The term `updated report
period' means the period beginning on October 1, 2014, and
ending on September 30, 2020.''.
SEC. 105. EXTENDING THE INDEPENDENCE AT HOME MEDICAL PRACTICE
DEMONSTRATION PROGRAM UNDER THE MEDI-
CARE PROGRAM.
(a) In General.--Section 1866E of the Social Security Act (42 U.S.C.
1395cc-5) is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``7-year'' and
inserting ``10-year''; and
(B) in paragraph (5)--
(i) in the first sentence, by striking
``15,000'' and inserting ``20,000'';
(ii) in the second sentence, by striking
``sixth and seventh'' and inserting ``sixth
through tenth''; and
(iii) by adding at the end the following new
sentence: ``An applicable beneficiary that
participates in the demonstration program by
reason of the increase from 15,000 to 20,000 in
the first sentence of this paragraph pursuant to
the amendment made by section 105 of division CC
of the Consolidated Appropriations Act, 2021 shall
be considered in the spending target estimates
under paragraph (1) of subsection (c) and the
incentive payment calculations under paragraph (2)
of such subsection for the eighth through tenth
years of such program.''; and
(2) in subsection (h), by inserting ``and $9,000,000 for
fiscal year 2021'' after ``2015''.
(b) <<NOTE: 42 USC 1395cc-5 note.>> Effective Date.--The amendments
made by subsection (a) shall take effect as if included in the enactment
of Public Law 111-148.
Subtitle B--Other Medicare Provisions
SEC. 111. IMPROVING MEASUREMENTS UNDER THE SKILLED NURSING
FACILITY VALUE-BASED PURCHASING PROGRAM
UNDER THE MEDICARE PROGRAM.
(a) In General.--Section 1888(h) of the Social Security Act (42
U.S.C. 1395yy(h)) is amended--
(1) in paragraph (1), by adding at the end the following new
subparagraph:
[[Page 134 STAT. 2945]]
``(C) <<NOTE: Effective date. Determination.>>
Exclusions.--With respect to payments for services
furnished on or after October 1, 2022, this subsection
shall not apply to a facility for which there are not a
minimum number (as determined by the Secretary) of--
``(i) cases for the measures that apply to the
facility for the performance period for the
applicable fiscal year; or
``(ii) measures that apply to the facility for
the performance period for the applicable fiscal
year.'';
(2) in paragraph (2)(A)--
(A) by striking ``The Secretary shall apply'' and
inserting ``The Secretary--
``(i) shall apply'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) <<NOTE: Effective
date. Determination.>> may, with respect to
payments for services furnished on or after
October 1, 2023, apply additional measures
determined appropriate by the Secretary, which may
include measures of functional status, patient
safety, care coordination, or patient experience.
Subject to the succeeding sentence, in the case that the
Secretary applies additional measures under clause (ii),
the Secretary shall consider and apply, as appropriate,
quality measures specified under section 1899B(c)(1). In
no case may the Secretary apply more than 10 measures
under this subparagraph.'';
(3) in subparagraph (A) of each of paragraphs (3) and (4),
by striking ``measure'' and inserting ``measures''; and
(4) by adding at the end the following new paragraph:
``(12) Validation.--
``(A) In general.--The Secretary shall apply to the
measures applied under this subsection and the data
submitted under subsection (e)(6) a process to validate
such measures and data, as appropriate, which may be
similar to the process specified in section
1886(b)(3)(B)(viii)(XI) for validating inpatient
hospital measures.
``(B) <<NOTE: Transfer authority. Time period.>>
Funding.--For purposes of carrying out this paragraph,
the Secretary shall provide for the transfer, from the
Federal Hospital Insurance Trust Fund established under
section 1817, of $5,000,000 to the Centers for Medicare
& Medicaid Services Program Management Account for each
of fiscal years 2023 through 2025, to remain available
until expended.''.
(b) Report by MedPAC.--Not later than March 15, 2022, the Medicare
Payment Advisory Commission shall submit to Congress a report on
establishing a prototype value-based payment program under a unified
prospective payment system for post-acute care services under the
Medicare program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.). Such report--
(1) <<NOTE: Determinations.>> shall--
(A) consider design elements such as--
(i) measures that are important to the
Medicare program and to beneficiaries under such
program;
(ii) methodologies for scoring provider
performance and effects on payment; and
[[Page 134 STAT. 2946]]
(iii) other elements determined appropriate by
the Commission; and
(B) <<NOTE: Analysis.>> analyze the effects of
implementing such prototype program; and
(2) may--
(A) discuss the possible effects, with respect to
the Medicare program, on program spending, post-acute
care providers, patient outcomes, and other effects
determined appropriate by the Commission; and
(B) <<NOTE: Recommenda- tions.>> include
recommendations with respect to such prototype program,
as determined appropriate by the Commission, to Congress
and the Secretary of Health and Human Services.
SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND
MEDICAID AND CHIP PAYMENT AND ACCESS
COMMISSION WITH ACCESS TO CERTAIN DRUG
PAYMENT INFORMATION, INCLUDING CERTAIN
REBATE INFORMATION.
(a) Access to Certain Part D Payment Data.--Section 1860D-15(f) of
the Social Security Act (42 U.S.C. 1395w-115(f)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ``and'' at
the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following new
subparagraph:
``(C) by the Executive Director of the Medicare
Payment Advisory Commission for purposes of monitoring,
making recommendations for, and analysis of the program
under this title and by the Executive Director of the
Medicaid and CHIP Payment and Access Commission for
purposes of monitoring, making recommendations for, and
analysis of the Medicaid program established under title
XIX and the Children's Health Insurance Program under
title XXI.''; and
(2) by adding at the end the following new paragraph:
``(3) Additional restrictions on disclosure of
information.--
``(A) In general.--The Executive Directors described
in paragraph (2)(C) shall not disclose any of the
following information disclosed to such Executive
Directors or obtained by such Executive Directors
pursuant to such paragraph, with respect to a
prescription drug plan offered by a PDP sponsor or an
MA-PD plan offered by an MA organization:
``(i) The specific amounts or the identity of
the source of any rebates, discounts, price
concessions, or other forms of direct or indirect
remuneration under such prescription drug plan or
such MA-PD plan.
``(ii) Information submitted with the bid
submitted under section 1860D-11(b) by such PDP
sponsor or under section 1854(a) by such MA
organization.
``(iii) In the case of such information from
prescription drug event records, information in a
form that
[[Page 134 STAT. 2947]]
would not be permitted under section 423.505(m) of
title 42, Code of Federal Regulations, or any
successor regulation, if released by the Centers
for Medicare & Medicaid Services.
``(B) <<NOTE: Applicability.>> Clarification.--The
restrictions on disclosures described in subparagraph
(A) shall also apply to disclosures to individual
Commissioners of the Medicare Payment Advisory
Commission or of the Medicaid and CHIP Payment and
Access Commission.''.
(b) Access to Certain Rebate and Payment Data Under Medicare and
Medicaid.--Section 1927(b)(3)(D) of the Social Security Act (42 U.S.C.
1396r-8(b)(3)(D)) is amended--
(1) in the matter before clause (i), by striking
``subsection (a)(6)(A)(ii)'' and inserting ``subsection
(a)(6)(A)'';
(2) in clause (v), by striking ``and'' at the end;
(3) in clause (vi), by striking the period at the end and
inserting ``, and'';
(4) by inserting after clause (vi) the following new clause:
``(vii) to permit the Executive Director of
the Medicare Payment Advisory Commission and the
Executive Director of the Medicaid and CHIP
Payment and Access Commission to review the
information provided.'';
(5) in the matter at the end, by striking ``1860D-
4(c)(2)(E)'' and inserting ``1860D-4(c)(2)(G)''; and
(6) by adding at the end the following new sentences: ``Any
information disclosed to the Executive Director of the Medicare
Payment Advisory Commission or the Executive Director of the
Medicaid and CHIP Payment and Access Commission pursuant to this
subparagraph shall not be disclosed by either such Executive
Director in a form which discloses the identity of a specific
manufacturer or wholesaler or prices charged for drugs by such
manufacturer or wholesaler. Such information also shall not be
disclosed by either such Executive Director to individual
Commissioners of the Medicare Payment Advisory Commission or of
the Medicaid and CHIP Payment and Access Commission in a form
which discloses the identity of a specific manufacturer or
wholesaler or prices charged for drugs by such manufacturer or
wholesaler.''.
SEC. 113. <<NOTE: 42 USC 1395w-4 note.>> MORATORIUM ON PAYMENT
UNDER THE MEDICARE PHYSICIAN FEE
SCHEDULE OF THE ADD ON CODE FOR
INHERENTLY COMPLEX EVALUATION AND
MANAGEMENT
VISITS.
(a) <<NOTE: Effective date.>> In General.--The Secretary of Health
and Human Services may not, prior to January 1, 2024, make payment under
the fee schedule under section 1848 of the Social Security Act (42
U.S.C. 1395w-4) for services described by Healthcare Common Procedure
Coding System (HCPCS) code G2211 (or any successor or substantially
similar code), as described in section II.F. of the final rule filed by
the Secretary with the Office of the Federal Register for public
inspection on December 2, 2020, and entitled ``Medicare Program; CY 2021
Payment Policies under the Physician Fee Schedule and Other Changes to
Part B Payment Policies; Medicare Shared Savings Program Requirements;
Medicaid Promoting Interoperability Program Requirements for Eligible
Professionals;
[[Page 134 STAT. 2948]]
Quality Payment Program; Coverage of Opioid Use Disorder Services
Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid
Treatment Programs; Electronic Prescribing for Controlled Substances for
a Covered Part D Drug; Payment for Office/Outpatient Evaluation and
Management Services; Hospital IQR Program; Establish New Code
Categories; Medicare Diabetes Prevention Program (MDPP) Expanded Model
Emergency Policy; Coding and Payment for Virtual Check-in Services
Interim Final Rule Policy; Coding and Payment for Personal Protective
Equipment (PPE) Interim Final Rule Policy; Regulatory Revisions in
Response to the Public Health Emergency (PHE) for COVID-19; and
Finalization of Certain Provisions from the March 31st , May 8th and
September 2nd Interim Final Rules in Response to the PHE for COVID-19''.
(b) Implementation.--Notwithstanding any other provision of law, the
Secretary may implement this section by interim final rule, program
instruction, or otherwise.
SEC. 114. TEMPORARY FREEZE OF APM PAYMENT INCENTIVE THRESHOLDS.
(a) In General.--Section 1833(z)(2) of the Social Security Act (42
U.S.C. 1395l(z)(2)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``and 2022'' and
inserting ``through 2024''; and
(B) in the matter preceding clause (i), by striking
``2021 and 2022'' and inserting ``each of 2021 through
2024'';
(2) in subparagraph (C)--
(A) in the heading, by striking ``2023'' and
inserting ``2025''; and
(B) in the matter preceding clause (i), by striking
``2023'' and inserting ``2025''; and
(3) in subparagraph (D), by adding at the end the following:
``With respect to 2023 and 2024, the Secretary shall use the
same percentage criteria for counts of patients that are used in
2022.''.
(b) Partial Qualifying APM Participant Modifications.--Section
1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C. 1395w-
4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), in the matter preceding item (aa), by
striking ``2021 and 2022'' and inserting ``each of 2021 through
2024''; and
(2) in subclause (III), in the matter preceding item (aa),
by striking ``2023'' and inserting ``2025''.
(c) <<NOTE: 42 USC 1395l note.>> Effective Date.--The amendments
made by this section shall take effect on the date of the enactment of
this Act.
SEC. 115. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE
INITIAL ASSESSMENT <<NOTE: 42 USC
1395lll note.>> VISIT AND COMPLETE THE
COMPREHENSIVE ASSESSMENT WITH RESPECT TO
CERTAIN REHABILITATION SERVICES FOR HOME
HEALTH AGENCIES UNDER THE MEDICARE
PROGRAM.
Not <<NOTE: Deadline.>> later than January 1, 2022, the Secretary
of Health and Human Services shall revise subsections (a)(2) and (b)(3)
of section 484.55 of title 42, Code of Federal Regulations, or a
successor regulation, to permit an occupational therapist to conduct the
initial assessment visit and to complete the comprehensive assessment
(as such terms are described in such subsections, respectively)
[[Page 134 STAT. 2949]]
for home health services for an individual under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) if the home health plan of
care for such individual--
(1) does not initially include skilled nursing care;
(2) includes occupational therapy; and
(3) includes physical therapy or speech language pathology.
SEC. 116. <<NOTE: 42 USC 1395l note.>> CENTERS FOR MEDICARE &
MEDICAID SERVICES PROVIDER OUTREACH AND
REPORTING ON COGNITIVE ASSESS-
MENT AND CARE PLAN SERVICES.
(a) Outreach.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall conduct outreach to
physicians and appropriate non-physician practitioners participating
under the Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) with respect to Medicare payment for cognitive
assessment and care plan services furnished to individuals with
cognitive impairment such as Alzheimer's disease and related dementias,
identified as of January 1, 2018, by HCPCS code 99483, or any successor
to such code (in this section referred to as ``cognitive assessment and
care plan services''). Such outreach shall include a comprehensive, one-
time education initiative to inform such physicians and practitioners of
the addition of such services as a covered benefit under the Medicare
program, including the requirements for eligibility for such services.
(b) Reports.--
(1) HHS report on provider outreach.--Not later than one
year after the date of enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committee on Ways
and Means and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Finance of the Senate a
report on the outreach conducted under subsection (a). Such
report shall include a description of the methods used for such
outreach.
(2) GAO report on utilization rates.--Not later than 3 years
after such date of enactment, the Comptroller General of the
United States shall submit to the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
report on the number of Medicare beneficiaries who were
furnished cognitive assessment and care plan services for which
payment was made under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.). <<NOTE: Recommenda- tions.>> Such
report shall include information on barriers Medicare
beneficiaries face to access such services, and recommendations
for such legislative and administrative action as the
Comptroller General deems appropriate.
SEC. 117. CONTINUED COVERAGE OF CERTAIN TEMPORARY TRANSITIONAL
HOME INFUSION THERAPY SERVICES.
(a) In General.--Section 1861(iii)(3)(C) of the Social Security Act
(42 U.S.C. 1395x(iii)(3)(C)) is amended by inserting after clause (ii)
the following flush sentence:
``Clause (ii) shall not apply to a self-administered drug or
biological on a self-administered drug exclusion list if such
drug or biological was included as a transitional home infusion
drug under subparagraph (A)(iii) of section 1834(u)(7) and was
identified by a HCPCS code described in subparagraph (C)(ii) of
such section.''.
[[Page 134 STAT. 2950]]
(b) <<NOTE: 42 USC 1395x note.>> Effective Date.--The amendment
made by subsection (a) shall apply to items and services furnished on or
after January 1, 2021.
(c) <<NOTE: 42 USC 1395x note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendment made by subsection (a) by interim final
rule, program instruction, or otherwise.
SEC. 118. TRANSITIONAL COVERAGE AND RETROACTIVE MEDICARE PART D
COVERAGE FOR CERTAIN LOW-INCOME
BENEFICIARIES.
Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by adding after subsection (d) the following new
subsection:
``(e) Limited Income Newly Eligible Transition Program.--
``(1) <<NOTE: Effective date.>> In general.--Beginning not
later than January 1, 2024, the Secretary shall carry out a
program to provide transitional coverage for covered part D
drugs for LI NET eligible individuals in accordance with this
subsection.
``(2) LI net eligible individual defined.--For purposes of
this subsection, the term `LI NET eligible individual' means a
part D eligible individual who--
``(A) meets the requirements of clauses (ii) and
(iii) of subsection (a)(3)(A); and
``(B) has not yet enrolled in a prescription drug
plan or an MA-PD plan, or, who has so enrolled, but with
respect to whom coverage under such plan has not yet
taken effect.
``(3) <<NOTE: Definition. Time periods.>> Transitional
coverage.--For purposes of this subsection, the term
`transitional coverage' means with respect to an LI NET eligible
individual--
``(A) immediate access to covered part D drugs at
the point of sale during the period that begins on the
first day of the month such individual is determined to
meet the requirements of clauses (ii) and (iii) of
subsection (a)(3)(A) and ends on the date that coverage
under a prescription drug plan or MA-PD plan takes
effect with respect to such individual; and
``(B) <<NOTE: Effective date.>> in the case of an
LI NET eligible individual who is a full-benefit dual
eligible individual (as defined in section 1935(c)(6))
or a recipient of supplemental security income benefits
under title XVI, retroactive coverage (in the form of
reimbursement of the amounts that would have been paid
under this part had such individual been enrolled in a
prescription drug plan or MA-PD plan) of covered part D
drugs purchased by such individual during the period
that begins on the date that is the later of--
``(i) the date that such individual was first
eligible for a low-income subsidy under this part;
or
``(ii) the date that is 36 months prior to the
date such individual enrolls in a prescription
drug plan or MA-PD plan,
and ends on the date that coverage under such plan takes
effect.
``(4) Program administration.--
[[Page 134 STAT. 2951]]
``(A) Point of contact.--The Secretary shall, as
determined appropriate by the Secretary, administer the
program under this subsection through a contract with a
single program administrator.
``(B) Benefit design.--The Secretary shall ensure
that the transitional coverage provided to LI NET
eligible individuals under this subsection--
``(i) provides access to all covered part D
drugs under an open formulary;
``(ii) <<NOTE: Determination.>> permits all
pharmacies determined by the Secretary to be in
good standing to process claims under the program;
``(iii) is consistent with such requirements
as the Secretary considers necessary to improve
patient safety and ensure appropriate dispensing
of medication; and
``(iv) meets such other requirements as the
Secretary may establish.
``(5) Relationship to other provisions of this title; waiver
authority.--
``(A) In general.--The following provisions shall
not apply with respect to the program under this
subsection:
``(i) Paragraphs (1) and (3)(B) of section
1860D-4(a) (relating to dissemination of general
information; availability of information on
changes in formulary through the internet).
``(ii) Subparagraphs (A) and (B) of section
1860D-4(b)(3) (relating to requirements on
development and application of formularies;
formulary development).
``(iii) Paragraphs (1)(C) and (2) of section
1860D-4(c) (relating to medication therapy
management program).
``(B) Waiver authority.--The Secretary may waive
such other requirements of title XI and this title as
may be necessary to carry out the purposes of the
program established under this subsection.
``(6) Contracting authority.--The authority vested in the
Secretary by this subsection may be performed without regard to
such provisions of law or regulations relating to the making,
performance, amendment, or modification of contracts of the
United States as the Secretary may determine to be inconsistent
with the furtherance of the purpose of this title.''.
SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO LOWER
BENEFICIARY COSTS.
(a) Requiring Prescription Drug Plan Sponsors and Medicare Advantage
Organizations To Include Real-Time Benefit Information Under Medicare
Part D.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-
104) is amended--
(1) by redesignating subsection (m) (relating to program
integrity transparency measures), as added by section 6063(c) of
the Substance Use-Disorder Prevention that Promotes Opioid
Recovery and Treatment for Patients and Communities Act (Public
Law 115-271), as subsection (n); and
(2) by adding at the end the following new subsection:
``(o) Real-Time Benefit Information.--
``(1) <<NOTE: Determination.>> In general.--After the
Secretary has adopted a standard under paragraph (3) for
electronic real-time benefit
[[Page 134 STAT. 2952]]
tools, and at a time determined appropriate by the Secretary, a
PDP sponsor of a prescription drug plan shall implement one or
more of such tools that meet the requirements described in
paragraph (2).
``(2) Requirements.--For purposes of paragraph (1), the
requirements described in this paragraph, with respect to an
electronic real-time benefit tool, are that the tool is capable
of--
``(A) integrating with electronic prescribing and
electronic health record systems of prescribing health
care professionals for the transmission of formulary and
benefit information in real time to such professionals;
and
``(B) with respect to a covered part D drug,
transmitting such information specific to an individual
enrolled in a prescription drug plan, including the
following:
``(i) <<NOTE: List.>> A list of any
clinically-appropriate alternatives to such drug
included in the formulary of such plan.
``(ii) Cost-sharing information and the
negotiated price for such drug and such
alternatives at multiple pharmacy options,
including the individual's preferred pharmacy and,
as applicable, other retail pharmacies and a mail
order pharmacy.
``(iii) The formulary status of such drug and
such alternatives and any prior authorization or
other utilization management requirements
applicable to such drug and such alternatives
included in the formulary of such plan.
``(3) <<NOTE: Compliance. Consultation.>> Standards.--In
order to be treated (for purposes of this subsection) as an
electronic real-time benefit tool described in paragraph (1),
such tool shall comply with technical standards adopted by the
Secretary in consultation with the National Coordinator for
Health Information Technology through notice and comment
rulemaking. Such technical standards adopted by the Secretary
shall be developed by a standards development organization, such
as the National Council for Prescription Drug Programs, that
consults with stakeholders such as PDP sponsors, Medicare
Advantage organizations, beneficiary advocates, health care
professionals, and health information technology software
vendors.
``(4) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit the application of paragraph
(b)(7) of section 423.160 of title 42, Code of Federal
Regulations, as is to be added to such section pursuant
to the final rule published in the Federal Register on
May 23, 2019, and titled `Modernizing Part D and
Medicare Advantage To Lower Drug Prices and Reduce Out-
of-Pocket Expenses' (84 Fed. Reg. 23832 through 23884);
or
``(B) to allow a PDP sponsor to use a real-time
benefit tool to steer an individual, without the consent
of the individual, to a particular pharmacy or pharmacy
type over their preferred pharmacy or pharmacy type nor
prohibit the designation of an individual's preferred
pharmacy under such tool.''.
(b) Requiring Qualified Electronic Health Records To Include Real-
Time Benefit Tools.--Section 3000(13) of the Public Health Service Act
(42 U.S.C. 300jj(13)) is amended--
[[Page 134 STAT. 2953]]
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) includes, or is capable of including, a real-
time benefit tool that conveys patient-specific real-
time cost and coverage information with respect to
prescription drugs that, with respect to any health
information technology certified for electronic
prescribing, the technology shall be capable of
incorporating the information described in clauses (i)
through (iii) of paragraph (2)(B) of section 1860D-4(o)
of the Social Security Act at a time specified by the
Secretary but not before the Secretary adopts a standard
for such tools as described in paragraph (1) of such
section.''.
(c) Inclusion of Use of Real-Time Electronic Information in Shared
Decision-Making Under MIPS.--Section 1848(q)(2)(B)(iii)(IV) of the
Social Security Act (42 U.S.C. 1395w-4(q)(2)(B)(iii)(IV)) is amended by
adding at the end the following new sentences: <<NOTE: Effective
date.>> ``This subcategory shall include as an activity, for
performance periods beginning on or after January 1, 2022, use of a
real-time benefit tool as described in section 1860D-4(o). The Secretary
may establish this activity as a standalone or as a component of another
activity.''.
SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION.
(a) Beneficiary Enrollment Simplification.--
(1) Effective date of coverage.--Section 1838(a) of the
Social Security Act (42 U.S.C. 1395q(a)) is amended--
(A) by amending paragraph (2) to read as follows:
``(2)(A) in the case of an individual who enrolls pursuant
to subsection (d) of section 1837 before the month in which he
first satisfies paragraph (1) or (2) of section 1836(a), the
first day of such month,
``(B) in the case of an individual who first satisfies such
paragraph in a month beginning before January 2023 and who
enrolls pursuant to such subsection (d)--
``(i) in such month in which he first satisfies such
paragraph, the first day of the month following the
month in which he so enrolls,
``(ii) in the month following such month in which he
first satisfies such paragraph, the first day of the
second month following the month in which he so enrolls,
or
``(iii) more than one month following such month in
which he satisfies such paragraph, the first day of the
third month following the month in which he so enrolls,
``(C) in the case of an individual who first satisfies such
paragraph in a month beginning on or after January 1, 2023, and
who enrolls pursuant to such subsection (d) in such month in
which he first satisfies such paragraph or in any subsequent
month of his initial enrollment period, the first day of the
month following the month in which he so enrolls, or
``(D) in the case of an individual who enrolls pursuant to
subsection (e) of section 1837 in a month beginning--
``(i) before January 1, 2023, the July 1 following
the month in which he so enrolls; or
[[Page 134 STAT. 2954]]
``(ii) on or after January 1, 2023, the first day of
the month following the month in which he so enrolls;
or''; and
(B) by amending paragraph (3) to read as follows:
``(3) in the case of an individual who is deemed to have
enrolled--
``(A) on or before the last day of the third month
of his initial enrollment period, the first day of the
month in which he first meets the applicable
requirements of section 1836(a) or July 1, 1973,
whichever is later, or
``(B) on or after the first day of the fourth month
of his initial enrollment period, and where such month
begins--
``(i) before January 1, 2023, as prescribed
under subparagraphs (B)(i), (B)(ii), (B)(iii), and
(D)(i) of paragraph (2), or
``(ii) on or after January 1, 2023, as
prescribed under subparagraphs (C) and (D)(ii) of
paragraph (2).''.
(2) Special enrollment periods for exceptional
circumstances.--
(A) Enrollment.--Section 1837 of the Social Security
Act (42 U.S.C. 1395p) is amended by adding at the end
the following new subsection:
``(m) <<NOTE: Effective date.>> Beginning January 1, 2023, the
Secretary may establish special enrollment periods in the case of
individuals who satisfy paragraph (1) or (2) of section 1836(a) and meet
such exceptional conditions as the Secretary may provide.''.
(B) Coverage period.--Section 1838 of the Social
Security Act (42 U.S.C. 1395q) is amended by adding at
the end the following new subsection:
``(g) Notwithstanding subsection (a), in the case of an individual
who enrolls during a special enrollment period pursuant to section
1837(m), the coverage period shall begin on a date the Secretary
provides in a manner consistent (to the extent practicable) with
protecting continuity of health benefit coverage.''.
(C) Conforming amendment.--Title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) is amended--
(i) in section 1818A(c)(3), by striking
``subsections (h) and (i) of section 1837'' and
inserting ``subsections (h), (i), and (m) of
section 1837''; and
(ii) in section 1839(b), in the first
sentence, by striking ``or (l)'' and inserting ``,
(l), or (m)''.
(3) Technical correction.--Section 1839(b) of the Social
Security Act (42 U.S.C. 1395r(b)) is amended by adding at the
end the following new
sentence: <<NOTE: Determination. Applicability.>> ``For
purposes of determining any increase under this subsection for
individuals whose enrollment occurs on or after January 1, 2023,
the second sentence of this subsection shall be applied by
substituting `close of the month' for `close of the enrollment
period' each place it appears.''.
(4) Report.--Not later than January 1, 2023, the Secretary
of Health and Human Services shall submit to the Committee on
Ways and Means and Committee on Energy and Commerce of the House
of Representatives and the Committee on Finance and Special
Committee on Aging of the Senate a report on how to align
existing Medicare enrollment periods under title
[[Page 134 STAT. 2955]]
XVIII of the Social Security Act, including the general
enrollment period under part B of such title and the annual,
coordinated election period under the Medicare Advantage program
under part C of such title and under the prescription drug
program under part D of such title. <<NOTE: Recommenda-
tions.>> Such report shall include recommendations consistent
with the goals of maximizing coverage continuity and choice and
easing beneficiary transition.
(b) Funding.--Section 1808 of the Social Security Act (42 U.S.C.
1395b-9) is amended by adding the end the following new subsection:
``(e) <<NOTE: Transfer authority. Time period. Determination.>>
Funding for Implementation of Beneficiary Enrollment Simplification.--
For purposes of carrying out the provisions of and the amendments made
by section 120 of division CC of the Consolidated Appropriations Act,
2021, the Secretary shall provide for the transfer, from the Federal
Hospital Insurance Trust Fund under section 1817 and the Federal
Supplementary Medical Insurance Trust Fund under section 1841 (in such
proportion as the Secretary determines appropriate), to the Centers for
Medicare & Medicaid Services Program Management Account, of $2,000,000
for each of fiscal years 2021 through 2030, to remain available until
expended.''.
SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE MEDICARE
PROGRAM.
(a) In General.--Section 1834(a)(9)(D)(ii) of the Social Security
Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application of subsection (b),
is amended by adding at the end the following new sentence:
``The <<NOTE: Effective date.>> requirement of the preceding sentence
shall not apply beginning with the second calendar quarter beginning on
or after the date of the enactment of this sentence.''.
(b) Technical Correction.--
(1) In general.--Section 4552(b) of the Balanced Budget Act
of 1997 (Public Law 105-33) <<NOTE: 111 Stat. 459.>> is amended
by striking ``section 1848(a)(9)'' and inserting ``section
1834(a)(9)''.
(2) <<NOTE: 42 USC 1395m note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as if included
in the enactment of the Balanced Budget Act of 1997 (Public Law
105-33).
(c) <<NOTE: 42 USC 1395m note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendments made by this section by program instruction
or otherwise.
SEC. 122. WAIVING MEDICARE COINSURANCE FOR CERTAIN COLORECTAL
CANCER SCREENING TESTS.
(a) In General.--Section 1833(a) of the Social Security Act (42
U.S.C. 1395l(a)) is amended--
(1) in the second sentence, by striking ``section 1834(0)''
and inserting ``section 1834(o)'';
(2) by moving such second sentence 2 ems to the left; and
(3) <<NOTE: Effective date. Applicability.>> by inserting
the following third sentence following such second sentence:
``For services furnished on or after January 1, 2022, paragraph
(1)(Y) shall apply with respect to a colorectal cancer screening
test regardless of the code that is billed for the establishment
of a diagnosis as a result of the test, or for the removal of
tissue or other matter or other procedure that is furnished in
connection with, as a result of, and in the same clinical
encounter as the screening test.''.
[[Page 134 STAT. 2956]]
(b) Special Coinsurance Rule for Certain Tests.--Section 1833 of the
Social Security Act (42 U.S.C. 1395l) is amended--
(1) in subsection (a)(1)(Y), by inserting ``subject to
subsection (dd),'' before ``with respect to''; and
(2) by adding at the end the following new subsection:
``(dd) Special Coinsurance Rule for Certain Colorectal Cancer
Screening Tests.--
``(1) <<NOTE: Time period.>> In general.--In the case of a
colorectal cancer screening test to which paragraph (1)(Y) of
subsection (a) would not apply but for the third sentence of
such subsection that is furnished during a year beginning on or
after January 1, 2022, and before January 1, 2030, the amount
paid shall be equal to the specified percent (as defined in
paragraph (2)) for such year of the lesser of the actual charge
for the service or the amount determined under the fee schedule
that applies to such test under this part (or, in the case such
test is a covered OPD service (as defined in subsection
(t)(1)(B)), the amount determined under subsection (t)).
``(2) Specified percent defined.--For purposes of paragraph
(1), the term `specified percent' means--
``(A) for 2022, 80 percent;
``(B) for 2023 through 2026, 85 percent; and
``(C) for 2027 through 2029, 90 percent.''.
(c) Conforming Amendments.--Paragraphs (2) and (3) of section
1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each
amended--
(1) in subparagraph (C)(ii), in the matter preceding
subclause (I), by striking ``Notwithstanding'' and inserting
``Subject to section 1833(a)(1)(Y), but notwithstanding''; and
(2) in subparagraph (D), by striking ``If during'' and
inserting ``Subject to section 1833(a)(1)(Y), if during''.
SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES FURNISHED
THROUGH TELEHEALTH.
(a) Treatment of Mental Health Services Furnished Through
Telehealth.--Paragraph (7) of section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)) is amended--
(1) by striking ``disorder services furnished through
telehealth.--The geographic'' and inserting ``disorder services
and mental health services furnished through telehealth.--
``(A) In general.--The geographic'';
(2) <<NOTE: Determination.>> in subparagraph (A), as added
by paragraph (1), by inserting ``or, on or after the first day
after the end of the emergency period described in section
1135(g)(1)(B), subject to subparagraph (B), to an eligible
telehealth individual for purposes of diagnosis, evaluation, or
treatment of a mental health disorder, as determined by the
Secretary,'' after ``as determined by the Secretary,''; and
(3) by adding at the end the following new subparagraph:
``(B) Requirements for mental health services
furnished through telehealth.--
``(i) <<NOTE: Time periods.>> In general.--
Payment may not be made under this paragraph for
telehealth services furnished by a physician or
practitioner to an eligible telehealth individual
for purposes of diagnosis, evaluation, or
treatment of a mental health disorder unless such
physician
[[Page 134 STAT. 2957]]
or practitioner furnishes an item or service in
person, without the use of telehealth, for which
payment is made under this title (or would have
been made under this title if such individual were
entitled to, or enrolled for, benefits under this
title at the time such item or service is
furnished)--
``(I) within the 6-month period
prior to the first time such physician
or practitioner furnishes such a
telehealth service to the eligible
telehealth individual; and
``(II) <<NOTE: Determination.>>
during subsequent periods in which such
physician or practitioner furnishes such
telehealth services to the eligible
telehealth individual, at such times as
the Secretary determines appropriate.
``(ii) Clarification.--This subparagraph shall
not apply if payment would otherwise be allowed--
``(I) under this paragraph (with
respect to telehealth services furnished
to an eligible telehealth individual
with a substance use disorder diagnosis
for purposes of treatment of such
disorder or co-occurring mental health
disorder); or
``(II) under this subsection without
application of this paragraph.''.
(b) <<NOTE: Regulations. 42 USC 1395m note.>> Implementation.--
Notwithstanding any other provision of law, the Secretary may implement
the provisions of, or amendments made by, this section by interim final
rule, program instruction, or otherwise.
SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE, FRAUD,
AND ABUSE DETECTION.
(a) In General.--Section 1128C(a) of the Social Security Act (42
U.S.C. 1320a-7c(a)) is amended by adding at the end the following new
paragraph:
``(6) Public-private partnership for waste, fraud, and abuse
detection.--
``(A) <<NOTE: Determination.>> In general.--Under
the program described in paragraph (1), there is
established a public-private partnership (in this
paragraph referred to as the `partnership') of health
plans, Federal and State agencies, law enforcement
agencies, health care anti-fraud organizations, and any
other entity determined appropriate by the Secretary (in
this paragraph referred to as `partners') for purposes
of detecting and preventing health care waste, fraud,
and abuse.
``(B) Contract with trusted third party.--In
carrying out the partnership, the Secretary shall enter
into a contract with a trusted third party for purposes
of carrying out the duties of the partnership described
in subparagraph (C).
``(C) Duties of partnership.--The partnership
shall--
``(i) provide technical and operational
support to facilitate data sharing between
partners in the partnership;
``(ii) analyze data so shared to identify
fraudulent and aberrant billing patterns;
[[Page 134 STAT. 2958]]
``(iii) conduct aggregate analyses of health
care data so shared across Federal, State, and
private health plans for purposes of detecting
fraud, waste, and abuse schemes;
``(iv) identify outlier trends and potential
vulnerabilities of partners in the partnership
with respect to such schemes;
``(v) refer specific cases of potential
unlawful conduct to appropriate governmental
entities;
``(vi) convene, not less than annually,
meetings with partners in the partnership for
purposes of providing updates on the partnership's
work and facilitating information sharing between
the partners;
``(vii) enter into data sharing and data use
agreements with partners in the partnership in
such a manner so as to ensure the partnership has
access to data necessary to identify waste, fraud,
and abuse while maintaining the confidentiality
and integrity of such data;
``(viii) provide partners in the partnership
with plan-specific, confidential feedback on any
aberrant billing patterns or potential fraud
identified by the partnership with respect to such
partner;
``(ix) establish a process by which entities
described in subparagraph (A) may enter the
partnership and requirements such entities must
meet to enter the partnership;
``(x) provide appropriate training, outreach,
and education to partners based on the results of
data analyses described in clauses (ii) and (iii);
and
``(xi) perform such other duties as the
Secretary determines appropriate.
``(D) Substance use disorder treatment analysis.--
Not <<NOTE: Deadline.>> later than 2 years after the
date of the enactment of the Consolidated Appropriations
Act, 2021, the trusted third party with a contract in
effect under subparagraph (B) shall perform an analysis
of aberrant or fraudulent billing patterns and trends
with respect to providers and suppliers of substance use
disorder treatments from data shared with the
partnership.
``(E) Executive board.--
``(i) Executive board composition.--
``(I) In general.--There shall be an
executive board of the partnership
comprised of representatives of the
Federal Government and representatives
of the private sector selected by the
Secretary.
``(II) Chairs.--The executive board
shall be co-chaired by one Federal
Government official and one
representative from the private sector.
``(ii) Meetings.--The executive board of the
partnership shall meet at least once per year.
``(iii) Executive board duties.--The duties of
the executive board shall include the following:
``(I) Providing strategic direction
for the partnership, including
membership criteria and a mission
statement.
[[Page 134 STAT. 2959]]
``(II) Communicating with the
leadership of the Department of Health
and Human Services and the Department of
Justice and the various private health
sector associations.
``(F) <<NOTE: Time period. Public information. Web
posting.>> Reports.--Not later than January 1, 2023,
and every 2 years thereafter, the Secretary shall submit
to Congress and make available on the public website of
the Centers for Medicare & Medicaid Services a report
containing--
``(i) <<NOTE: Review.>> a review of
activities conducted by the partnership over the
2-year period ending on the date of the submission
of such report, including any progress to any
objectives established by the partnership;
``(ii) any savings voluntarily reported by
health plans participating in the partnership
attributable to the partnership during such
period;
``(iii) any savings to the Federal Government
attributable to the partnership during such
period;
``(iv) <<NOTE: Determination.>> any other
outcomes attributable to the partnership, as
determined by the Secretary, during such period;
and
``(v) <<NOTE: Strategic plan.>> a strategic
plan for the 2-year period beginning on the day
after the date of the submission of such report,
including a description of any emerging fraud and
abuse schemes, trends, or practices that the
partnership intends to study during such period.
``(G) Funding.--The partnership shall be funded by
amounts otherwise made available to the Secretary for
carrying out the program described in paragraph (1).
``(H) <<NOTE: Transfer authority.>> Transitional
provisions.--To the extent consistent with this
subsection, all functions, personnel, assets,
liabilities, and administrative actions applicable on
the date before the date of the enactment of this
paragraph to the National Fraud Prevention Partnership
established on September 17, 2012, by charter of the
Secretary shall be transferred to the partnership
established under subparagraph (A) as of the date of the
enactment of this paragraph.
``(I) Nonapplicability of faca.--The provisions of
the Federal Advisory Committee Act shall not apply to
the partnership established by subparagraph (A).
``(J) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement the
partnership established by subparagraph (A) by program
instruction or otherwise.
``(K) Definition.--For purposes of this paragraph,
the term `trusted third party' means an entity that--
``(i) demonstrates the capability to carry out
the duties of the partnership described in
subparagraph (C);
``(ii) <<NOTE: Compliance. Determination.>>
complies with such conflict of interest standards
determined appropriate by the Secretary; and
``(iii) meets such other requirements as the
Secretary may prescribe.''.
(b) Potential Expansion of Public-Private Partnership Analyses.--
<<NOTE: Deadline. Study. Reports.>> Not <<NOTE: Cost estimate.>> later
than 2 years after the date of the enactment of this Act, the Secretary
of Health and Human Services shall conduct a study and submit to
Congress a report on the feasibility
[[Page 134 STAT. 2960]]
of the partnership (as described in section 1128C(a)(6) of the Social
Security Act, as added by subsection (a)) establishing a system to
conduct real-time data analysis to proactively identify ongoing as well
as emergent fraud trends for the entities participating in the
partnership and provide such entities with real-time feedback on
potentially fraudulent claims. <<NOTE: Public
information. Determination.>> Such report shall include the estimated
cost of and any potential barriers to the partnership establishing such
a system.
SEC. 125. MEDICARE PAYMENT FOR RURAL EMERGENCY HOSPITAL SERVICES.
(a) In General.--
(1) Definitions.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(A) in subsection (e), in the last sentence of the
matter following paragraph (9), by inserting ``or a
rural emergency hospital (as defined in subsection
(kkk)(2))'' before the period at the end; and
(B) by adding at the end the following subsection:
``Rural Emergency Hospital Services; Rural Emergency Hospital
``(kkk)(1) Rural Emergency Hospital Services.--
``(A) In general.--The term `rural emergency hospital
services ' means the following services furnished by a rural
emergency hospital (as defined in paragraph (2)) that do not
exceed an annual per patient average of 24 hours in such rural
emergency hospital:
``(i) Emergency department services and observation
care.
``(ii) At the election of the rural emergency
hospital, with respect to services furnished on an
outpatient basis, other medical and health services as
specified by the Secretary through rulemaking.
``(B) Staffed emergency department.--For purposes of
subparagraph (A)(i), an emergency department of a rural
emergency hospital shall be considered a staffed emergency
department if it meets the following requirements:
``(i) The emergency department is staffed 24 hours a
day, 7 days a week.
``(ii) A physician (as defined in section
1861(r)(1)), nurse practitioner, clinical nurse
specialist, or physician assistant (as those terms are
defined in section 1861(aa)(5)) is available to furnish
rural emergency hospital services in the facility 24
hours a day.
``(iii) Applicable staffing and staffing
responsibilities under section 485.631 of title 42, Code
of Federal Regulations (or any successor regulation).
``(2) Rural Emergency Hospital.--The term `rural emergency hospital'
means a facility described in paragraph (3) that--
``(A) <<NOTE: Public information. Determination.>> is
enrolled under section 1866(j), submits the additional
information described in paragraph (4)(A) for purposes of such
enrollment, and makes the detailed transition plan described in
clause (i) of such paragraph available to the public, in a form
and manner determined appropriate by the Secretary;
``(B) does not provide any acute care inpatient services,
other than those described in paragraph (6)(A);
[[Page 134 STAT. 2961]]
``(C) has in effect a transfer agreement with a level I or
level II trauma center;
``(D) meets--
``(i) licensure requirements as described in
paragraph (5);
``(ii) the requirements of a staffed emergency
department as described in paragraph (1)(B);
``(iii) such staff training and certification
requirements as the Secretary may require;
``(iv) <<NOTE: Applicability.>> conditions of
participation applicable to--
``(I) critical access hospitals, with respect
to emergency services under section 485.618 of
title 42, Code of Federal Regulations (or any
successor regulation); and
``(II) <<NOTE: Determination.>> hospital
emergency departments under this title, as
determined applicable by the Secretary;
``(v) such other requirements as the Secretary finds
necessary in the interest of the health and safety of
individuals who are furnished rural emergency hospital
services; and
``(vi) in the case where the rural emergency
hospital includes a distinct part unit of the facility
that is licensed as a skilled nursing facility, such
distinct part meets the requirements applicable to
skilled nursing facilities under this title.
``(3) Facility Described.--A facility described in this paragraph is
a facility that as of the date of the enactment of this subsection--
``(A) was a critical access hospital; or
``(B) was a subsection (d) hospital (as defined in section
1886(d)(1)(B)) with not more than 50 beds located in a county
(or equivalent unit of local government) in a rural area (as
defined in section 1886(d)(2)(D)), or was a subsection (d)
hospital (as so defined) with not more than 50 beds that was
treated as being located in a rural area pursuant to section
1886(d)(8)(E).
``(4) Additional Information.--
``(A) Information.--For purposes of paragraph (2)(A), a
facility that submits an application for enrollment under
section 1866(j) as a rural emergency hospital shall submit the
following information at such time and in such form as the
Secretary may require:
``(i) An action plan for initiating rural emergency
hospital services (as defined in paragraph (1)),
including a detailed transition plan that lists the
specific services that the facility will--
``(I) retain;
``(II) modify
``(III) add; and
``(IV) discontinue.
``(ii) A description of services that the facility
intends to furnish on an outpatient basis pursuant to
paragraph (1)(A)(ii).
``(iii) Information regarding how the facility
intends to use the additional facility payment provided
under section 1834(x)(2), including a description of the
services covered under this title that the additional
facility payment
[[Page 134 STAT. 2962]]
would be supporting, such as furnishing telehealth
services and ambulance services, including operating the
facility and maintaining the emergency department to
provide such services covered under this title.
``(iv) <<NOTE: Determination.>> Such other
information as the Secretary determines appropriate.
``(B) Effect of enrollment.--Such enrollment shall remain
effective with respect to a facility until such time as--
``(i) the facility elects to convert back to its
prior designation as a critical access hospital or a
subsection (d) hospital (as defined in section
1886(d)(1)(B)), subject to requirements applicable under
this title for such designation and in accordance with
procedures established by the Secretary; or
``(ii) <<NOTE: Determination.>> the Secretary
determines the facility does not meet the requirements
applicable to a rural emergency hospital under this
subsection.
``(5) Licensure.--A facility may not operate as a rural emergency
hospital in a State unless the facility--
``(A) is located in a State that provides for the licensing
of such hospitals under State or applicable local law; and
``(B)(i) is licensed pursuant to such law; or
``(ii) is approved by the agency of such State or locality
responsible for licensing hospitals, as meeting the standards
established for such licensing.
``(6) Discretionary Authority.--A rural emergency hospital may--
``(A) include a unit of the facility that is a distinct part
licensed as a skilled nursing facility to furnish post-hospital
extended care services; and
``(B) be considered a hospital with less than 50 beds for
purposes of the exception to the payment limit for rural health
clinics under section 1833(f).
``(7) Quality Measurement.--
``(A) In general.--The Secretary shall establish quality
measurement reporting requirements for rural emergency
hospitals, which may include the use of a small number of
claims-based outcomes measures or surveys of patients with
respect to their experience in the rural emergency hospital, in
accordance with the succeeding provisions of this paragraph.
``(B) Quality reporting by rural emergency hospitals.--
``(i) <<NOTE: Time period. Data.>> In general.--
With respect to each year beginning with 2023, (or each
year beginning on or after the date that is one year
after one or more measures are first specified under
subparagraph (C)), a rural emergency hospital shall
submit data to the Secretary in accordance with clause
(ii).
``(ii) Submission of quality data.--With respect to
each such year, a rural emergency hospital shall submit
to the Secretary data on quality measures specified
under subparagraph (C). Such data shall be submitted in
a form and manner, and at a time, specified by the
Secretary for purposes of this subparagraph.
``(C) Quality measures.--
``(i) In general.--Subject to clause (ii), any
measure specified by the Secretary under this
subparagraph must
[[Page 134 STAT. 2963]]
have been endorsed by the entity with a contract under
section 1890(a).
``(ii) <<NOTE: Determination.>> Exception.--In the
case of a specified area or medical topic determined
appropriate by the Secretary for which a feasible and
practical measure has not been endorsed by the entity
with a contract under section 1890(a), the Secretary may
specify a measure that is not so endorsed as long as due
consideration is given to measures that have been
endorsed or adopted by a consensus organization
identified by the Secretary.
``(iii) Consideration of low case volume when
specifying performance measures.--The Secretary shall,
in the selection of measures specified under this
subparagraph, take into consideration ways to account
for rural emergency hospitals that lack sufficient case
volume to ensure that the performance rates for such
measures are reliable.
``(D) <<NOTE: Procedures.>> Public availability of data
submitted.--The Secretary shall establish procedures for making
data submitted under subparagraph (B) available to the public
regarding the performance of individual rural emergency
hospitals. Such procedures shall ensure that a rural emergency
hospital has the opportunity to review, and submit corrections
for, the data that is to be made public with respect to the
rural emergency hospital prior to such data being made
public. <<NOTE: Web posting. Determination.>> Such information
shall be posted on the Internet website of the Centers for
Medicare & Medicaid Services in an easily understandable format
as determined appropriate by the Secretary.
``(8) Clarification Regarding Application of Provisions Relating to
Off-campus Outpatient Department of a Provider.--Nothing in this
subsection, section 1833(a)(10), or section 1834(x) shall affect the
application of paragraph (1)(B)(v) of section 1833(t), relating to
applicable items and services (as defined in subparagraph (A) of
paragraph (21) of such section) that are furnished by an off-campus
outpatient department of a provider (as defined in subparagraph (B) of
such paragraph).
``(9) Implementation.--There shall be no administrative or judicial
review under section 1869, 1878, or otherwise of the following:
``(A) The determination of whether a rural emergency
hospital meets the requirements of this subsection.
``(B) The establishment of requirements under this
subsection by the Secretary, including requirements described in
paragraphs (2)(D), (4), and (7).
``(C) The determination of payment amounts under section
1834(x), including the additional facility payment described in
paragraph (2) of such section.''.
(2) Payment for rural emergency hospital services.--
(A) In general.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(i) in paragraph (8), by striking ``and'' at
the end;
(ii) in paragraph (9), by striking the period
at the end and inserting ``; and''; and
(iii) by inserting after paragraph (9) the
following new paragraph:
[[Page 134 STAT. 2964]]
``(10) with respect to rural emergency hospital services
furnished on or after January 1, 2023, the amounts determined
under section 1834(x).''.
(B) Payment amount.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at
the end the following subsection:
``(x) Payment Rules Relating to Rural Emergency Hospitals.--
``(1) Payment for rural emergency hospital services.--In the
case <<NOTE: Effective date.>> of rural emergency hospital
services (as defined in section 1861(kkk)(1)), furnished by a
rural emergency hospital (as defined in section 1861(kkk)(2)) on
or after January 1, 2023, the amount of payment for such
services shall be equal to the amount of payment that would
otherwise apply under section 1833(t) for covered OPD services
(as defined in section 1833(t)(1)(B) (other than clause (ii) of
such section)), increased by 5 percent to reflect the higher
costs incurred by such hospitals, and shall include the
application of any copayment amount determined under section
1833(t)(8) as if such increase had not occurred.
``(2) Additional facility payment.--
``(A) In general.--The Secretary shall make monthly
payments to a rural emergency hospital in an amount that
is equal to \1/12\ of the annual additional facility
payment specified in subparagraph (B).
``(B) Annual additional facility payment amount.--
The annual additional facility payment amount specified
in this subparagraph is--
``(i) for 2023, a Medicare subsidy amount
determined under subparagraph (C); and
``(ii) for 2024 and each subsequent year, the
amount determined under this subparagraph for the
preceding year, increased by the hospital market
basket percentage increase.
``(C) Determination of medicare subsidy amount.--For
purposes of subparagraph (B)(i), the Medicare subsidy
amount determined under this subparagraph is an amount
equal to--
``(i) the excess (if any) of--
``(I) the total amount that the
Secretary determines was paid under this
title to all critical access hospitals
in 2019; over
``(II) the estimated total amount
that the Secretary determines would have
been paid under this title to such
hospitals in 2019 if payment were made
for inpatient hospital, outpatient
hospital, and skilled nursing facility
services under the applicable
prospective payment systems for such
services during such year; divided by
``(ii) the total number of such hospitals in
2019.
``(D) Reporting on use of the additional facility
payment.--A rural emergency hospital receiving the
additional facility payment under this paragraph shall
maintain detailed information as specified by the
Secretary as to how the facility has used the additional
facility payments. Such information shall be made
available to the Secretary upon request.
[[Page 134 STAT. 2965]]
``(3) Payment for ambulance services.--For provisions
relating to payment for ambulance services furnished by an
entity owned and operated by a rural emergency hospital, see
section 1834(l).
``(4) Payment for post-hospital extended care services.--For
provisions relating to payment for post-hospital extended care
services furnished by a rural emergency hospital that has a unit
that is a distinct part licensed as a skilled nursing facility,
see section 1888(e).
``(5) Source of payments.--
``(A) In general.--Except as provided in
subparagraph (B), payments under this subsection shall
be made from the Federal Supplementary Medical Insurance
Trust Fund under section 1841.
``(B) Additional facility payment and post-hospital
extended care services.--Payments under paragraph (2)
shall be made from the Federal Hospital Insurance Trust
Fund under section 1817.''.
(b) Provider Agreements.--
(1) Agreement with qio.--Section 1866(a) of the Social
Security Act (42 U.S.C. 1395cc(a)) is amended--
(A) in paragraph (1)(F)(ii), by inserting ``rural
emergency hospitals,'' after ``critical access
hospitals,''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``rural
emergency hospital,'' after ``critical access
hospital,'';
(ii) in subparagraph (B), by inserting ``rural
emergency hospital,'' after ``critical access
hospital,'' each place it appears; and
(iii) in subparagraph (C)(ii)(II), by
inserting ``rural emergency hospitals,'' after
``critical access hospitals,'' each place it
appears.
(2) Emergency medical treatment and labor act.--
(A) Section 1866(a)(1) of the Social Security Act
(42 U.S.C. 1395cc(a)(1)) is amended--
(i) in subparagraph (I)--
(I) in the matter preceding clause
(i), by striking ``or critical access
hospital'' and inserting ``, critical
access hospital, or rural emergency
hospital''; and
(II) in clause (ii), by inserting
``, critical access hospital, or rural
emergency hospital'' after ``hospital'';
and
(ii) in subparagraph (N)--
(I) in the matter preceding clause
(i), by striking ``and critical access
hospitals'' and inserting ``, critical
access hospitals, and rural emergency
hospitals'';
(II) in clause (i), by striking ``or
critical access hospital'' and inserting
``, critical access hospital, or rural
emergency hospital''; and
(III) in clause (iv), by inserting
``, critical access hospital, or rural
emergency hospital'' after ``hospital''.
[[Page 134 STAT. 2966]]
(B) Section 1867(e)(5) of such Act (42 U.S.C.
1395dd(e)(5)) is amended by inserting ``and a rural
emergency hospital (as defined in section
1861(kkk)(2))'' before the period.
(c) Treatment as Telehealth Originating Site.--Section
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)(ii)) is amended by adding at the end the following new
subclause:
``(XI) A rural emergency hospital
(as defined in section 1861(kkk)(2)).''.
(d) Conforming Amendments.--
(1) Section 1861(u) of the Social Security Act (42 U.S.C.
1395x(u)) is amended by inserting ``rural emergency hospital,''
after ``critical access hospital,''.
(2) Section 1864 of the Social Security Act (42 U.S.C.
1395aa) is amended by inserting before the period at the end of
the first sentence ``, or whether a facility is a rural
emergency hospital as defined in section 1861(kkk)(2).
(e) Studies and Reports.--
(1) <<NOTE: Evaluation.>> Studies.--The Secretary of Health
and Human Services shall conduct 3 studies to evaluate the
impact of rural emergency hospitals on the availability of
health care and health outcomes in rural areas (as defined in
section 1886(d)(2)(D) of the Social Security Act (42 U.S.C.
1395ww(d)(2)(D))). <<NOTE: Time periods.>> The Secretary shall
conduct a study--
(A) 4 years after the date of the enactment of this
Act;
(B) 7 years after the date of the enactment of this
Act; and
(C) 10 years after the date of the enactment of this
Act.
(2) Reports.--Not later than 6 months after each date that
the Secretary of Health and Human Services is required to
conduct a study under paragraph (1), the Secretary shall submit
to Congress a report containing the results of each such study.
(3) <<NOTE: Transfer authority. Determination.>> Funding.--
For purposes of carrying out this subsection, the Secretary of
Health and Human Services shall provide for the transfer, from
the Federal Hospital Insurance Trust Fund under section 1817 of
the Social Security Act (42 U.S.C. 1395i) and the Federal
Supplementary Medical Insurance Trust Fund under section 1841 of
such Act (42 U.S.C. 1395t), in such proportion as the Secretary
determines appropriate, to the Centers for Medicare & Medicaid
Services Program Management Account, of $9,000,000. Amounts
transferred under the preceding sentence shall remain available
until expended.
(f) <<NOTE: 42 USC 1395b-6 note.>> MedPAC Review of Payments to
Rural Emergency Hospitals.--Each report submitted by the Medicare
Payment Advisory Commission under section 1805(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395b-6(b)(1)(C)) (beginning with 2024), shall
include a review of payments to rural emergency hospitals under section
1834(x), as added by subsection (a).
(g) <<NOTE: 42 USC 1395l note.>> Effective Date.--The amendments
made by this section shall apply to items and services furnished on or
after January 1, 2023.
[[Page 134 STAT. 2967]]
SEC. 126. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``paragraphs (7) and
(8)'' and inserting ``paragraphs (7), (8), and (9)'';
(2) in paragraph (4)(H)(i), by striking ``paragraphs (7) and
(8)'' and inserting ``paragraphs (7), (8), and (9)'';
(3) in paragraph (7)(E), by inserting ``paragraph (9),''
after ``paragraph (8),''; and
(4) by adding at the end the following new paragraph:
``(9) Distribution of additional residency positions.--
``(A) Additional residency positions.--
``(i) <<NOTE: Time periods. Effective date.>>
In general.--For fiscal year 2023, and for each
succeeding fiscal year until the aggregate number
of full-time equivalent residency positions
distributed under this paragraph is equal to the
aggregate number of such positions made available
(as specified in clause (ii)(I)), the Secretary
shall, subject to the succeeding provisions of
this paragraph, increase the otherwise applicable
resident limit for each qualifying hospital (as
defined in subparagraph (F)) that submits a timely
application under this subparagraph by such number
as the Secretary may approve effective beginning
July 1 of the fiscal year of the increase.
``(ii) Number available for distribution.--
``(I) Total number available.--The
aggregate number of such positions made
available under this paragraph shall be
equal to 1,000.
``(II) Annual limit.--The aggregate
number of such positions so made
available shall not exceed 200 for a
fiscal year.
``(iii) Process for distributing positions.--
``(I) Rounds of applications.--The
Secretary shall initiate a separate
round of applications for an increase
under clause (i) for each fiscal year
for which such an increase is to be
provided.
``(II) <<NOTE: Notification.>>
Timing.--The Secretary shall notify
hospitals of the number of positions
distributed to the hospital under this
paragraph as a result of an increase in
the otherwise applicable resident limit
by January 31 of the fiscal year of the
increase. Such <<NOTE: Effective
date.>> increase shall be effective
beginning July 1 of such fiscal year.
``(B) <<NOTE: Determinations.>> Distribution.--For
purposes of providing an increase in the otherwise
applicable resident limit under subparagraph (A), the
following shall apply:
``(i) <<NOTE: Time period.>> Considerations
in distribution.--In determining for which
qualifying hospitals such an increase is provided
under subparagraph (A), the Secretary shall take
into account the demonstrated likelihood of the
hospital filling the positions made available
under this paragraph within the first 5 training
years beginning after the date the increase would
be effective, as determined by the Secretary.
``(ii) Minimum distribution for certain
categories of hospitals.--With respect to the
aggregate number of such positions available for
distribution
[[Page 134 STAT. 2968]]
under this paragraph, the Secretary shall
distribute not less than 10 percent of such
aggregate number to each of the following
categories of hospitals:
``(I) Hospitals that are located in
a rural area (as defined in section
1886(d)(2)(D)) or are treated as being
located in a rural area pursuant to
section 1886(d)(8)(E).
``(II) Hospitals in which the
reference resident level of the hospital
(as specified in subparagraph (F)(iii))
is greater than the otherwise applicable
resident limit.
``(III) Hospitals in States with--
``(aa) new medical schools
that received `Candidate School'
status from the Liaison
Committee on Medical Education
or that received `Pre-
Accreditation' status from the
American Osteopathic Association
Commission on Osteopathic
College Accreditation on or
after January 1, 2000, and that
have achieved or continue to
progress toward `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or toward `Accreditation' status
(as such term is defined by the
American Osteopathic Association
Commission on Osteopathic
College Accreditation); or
``(bb) additional locations
and branch campuses established
on or after January 1, 2000, by
medical schools with `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or `Accreditation' status (as
such term is defined by the
American Osteopathic Association
Commission on Osteopathic
College Accreditation).
``(IV) Hospitals that serve areas
designated as health professional
shortage areas under section
332(a)(1)(A) of the Public Health
Service Act, as determined by the
Secretary.
``(C) Limitations.--
``(i) In general.--A hospital may not receive
more than 25 additional full-time equivalent
residency positions under this paragraph.
``(ii) Prohibition on distribution to
hospitals without an increase agreement.--No
increase in the otherwise applicable resident
limit of a hospital may be made under this
paragraph unless such hospital agrees to increase
the total number of full-time equivalent residency
positions under the approved medical residency
training program of such hospital by the number of
such positions made available by such increase
under this paragraph.
``(D) Application of per resident amounts for
primary care and nonprimary care.--With respect to
additional residency positions in a hospital
attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are
deemed to be equal to the hospital
[[Page 134 STAT. 2969]]
per resident amounts for primary care and nonprimary
care computed under paragraph (2)(D) for that hospital.
``(E) Permitting facilities to apply aggregation
rules.--The Secretary <<NOTE: Effective date.>> shall
permit hospitals receiving additional residency
positions attributable to the increase provided under
this paragraph to, beginning in the fifth year after the
effective date of such increase, apply such positions to
the limitation amount under paragraph (4)(F) that may be
aggregated pursuant to paragraph (4)(H) among members of
the same affiliated group.
``(F) Definitions.--In this paragraph:
``(i) Otherwise applicable resident limit.--
The term `otherwise applicable resident limit'
means, with respect to a hospital, the limit
otherwise applicable under subparagraphs (F)(i)
and (H) of paragraph (4) on the resident level for
the hospital determined without regard to this
paragraph but taking into account paragraphs
(7)(A), (7)(B), (8)(A), and (8)(B).
``(ii) Qualifying hospital.--The term
`qualifying hospital' means a hospital described
in any of subclauses (I) through (IV) of
subparagraph (B)(ii).
``(iii) <<NOTE: Determination.>> Reference
resident level.--The term `reference resident
level' means, with respect to a hospital, the
resident level for the most recent cost reporting
period of the hospital ending on or before the
date of enactment of this paragraph, for which a
cost report has been settled (or, if not,
submitted (subject to audit)), as determined by
the Secretary.
``(iv) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking ``and
(h)(8)'' and inserting ``(h)(8), and (h)(9)'';
(2) by redesignating clause (x), as added by section 5505(b)
of the Patient Protection and Affordable Care Act (Public Law
111-148), as clause (xi) and moving such clause 4 ems to the
left; and
(3) by adding after clause (xi), as redesignated by
subparagraph (A), the following new clause:
``(xii) For discharges occurring on or after
July 1, 2023, insofar as an additional payment
amount under this subparagraph is attributable to
resident positions distributed to a hospital under
subsection (h)(9), the indirect teaching
adjustment factor shall be computed in the same
manner as provided under clause (ii) with respect
to such resident positions.''.
(c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the
Social Security Act (42 U.S.C. 1395ww-4(h)(7)(E)) is amended by
inserting ``paragraph (9),'' after ``paragraph (8),''.
(d) Reports.--
(1) <<NOTE: Study.>> In general.--Not later than September
30, 2025, and again not later than September 30, 2027, the
Comptroller General of the United States (in this subsection
referred to as the ``Comptroller General'') shall conduct a
study and submit to Congress a report on--
[[Page 134 STAT. 2970]]
(A) the distribution of additional full-time
equivalent resident positions under paragraph (9) of
section 1886(h) of the Social Security Act, as added by
subsection (a); and
(B) rural track and rotator programs under such
section.
(2) Contents.--Each report described in paragraph (1) shall
include--
(A) a description of the distribution described in
paragraph (1)(A) and an analysis of the use of such
positions so distributed, including a description of the
effects of such distribution on rural track and rotator
programs;
(B) a specification, with respect to each hospital
that has received such a distribution, of whether such
hospital has abided by the agreement described in
paragraph (9)(C)(ii) of section 1886(h) of the Social
Security Act, as added by subsection (a); and
(C) to the extent practicable, a description of--
(i) the type of program in which each such
position so distributed is being used;
(ii) the total number of full-time equivalent
residency positions available in each such
program;
(iii) the number of instances in which
residents filling such positions so distributed
treated individuals entitled to benefits under
part A, or enrolled under part B, of title XVIII
of the Social Security Act (42 U.S.C. 1395 et
seq.);
(iv) the location where each resident that
filled a position so distributed went on to
practice.
SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.
Section 1886(h)(4)(H)(iv) of the Social Security Act (42 U.S.C.
1395ww(h)(4)(iv)) is amended--
(1) by striking ``(iv) Nonrural Hospital Operating Training
Programs in Rural Areas.--In the case of'' and inserting the
following:
``(iv) Training programs in rural areas.--
``(I) Cost reporting periods
beginning before october 1, 2022.--For
cost reporting periods beginning before
October 1, 2022, in the case of''; and
(2) by adding at the end the following new subclause:
``(II) Cost reporting periods
beginning on or after october 1, 2022.--
For cost reporting periods beginning on
or after October 1, 2022, in the case of
a hospital not located in a rural area
that established or establishes a
medical residency training program (or
rural tracks) in a rural area or
establishes an accredited program where
greater than 50 percent of the program
occurs in a rural area, the Secretary
shall consistent with the principles of
subparagraphs (F) and (G) and subject to
paragraphs (7) and (8), prescribe rules
for the application of such
subparagraphs with respect to such a
program and, in accordance with such
rules, adjust in an appropriate manner
the
[[Page 134 STAT. 2971]]
limitation under subparagraph (F) for
such hospital and each such hospital
located in a rural area that
participates in such a training.''.
SEC. 128. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL
DEMONSTRATION PROGRAM.
(a) Extension.--
(1) In general.--Subsection (a)(5) of section 410A of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173; 42 U.S.C. 1395ww note), is amended
by striking ``10-year extension period'' and inserting ``15-year
extension period''.
(2) Conforming amendments for extension.--
(A) Extension of demonstration period.--Subsection
(g) of such section 410A is amended--
(i) in the subsection heading, by striking
``Ten-Year'' and inserting ``Fifteen-Year'';
(ii) in paragraph (1)--
(I) by striking ``additional 10-
year'' and inserting ``additional 15-
year''; and
(II) by striking ``10-year extension
period'' and inserting ``15-year
extension period'';
(iii) in paragraph (2), by striking ``10-year
extension period'' and inserting ``15-year
extension period'';
(iv) in paragraph (3), by striking ``10-year
extension period'' and inserting ``15-year
extension period'';
(v) in paragraph (4), by striking ``10-year
extension period'' each place it appears and
inserting ``15-year extension period'';
(vi) in paragraph (5), by striking ``10-year
extension period'' and inserting ``15-year
extension period''; and
(vii) in subparagraph (A) of paragraph (6), by
striking ``10-year extension period'' and
inserting ``15-year extension period''.
(B) Rule for hospitals that are not original
participants in the demonstration.--Paragraph (5) of
subsection (g) of such section 410A is amended--
(i) by striking ``program.--During'' and
inserting ``program.--
``(A) CURES act extension.--During''; and
(ii) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Applicability.>> Additional
extension.--During the third 5 years of the 15-year
extension period, the Secretary shall apply the
provisions of paragraph (4) to rural community hospitals
that are not described in paragraph (4) but are
participating in the demonstration program under this
section as of December 30, 2019, in a similar manner as
such provisions apply to rural community hospitals
described in paragraph (4).''.
(b) Clarifying Technical Amendments.--Such section 410A, as amended
by subsection (a), is further amended--
(1) in subsection (a)(1), by inserting ``of Health and Human
Services'' after ``Secretary'';
(2) in subsection (f)(1)(A)(iv) by inserting ``of the Social
Security Act (42 U.S.C. 1395i-4)'' after ``section 1820''; and
(3) in subsection (g)--
[[Page 134 STAT. 2972]]
(A) in the heading of paragraph (4), by striking
``Hospitals in demonstration program on date of
enactment'' and inserting ``Hospitals participating in
the demonstration program during the initial 5-year
period''; and
(B) in paragraph (6)(A), by striking ``not later
than 120 days after the date of the enactment of this
paragraph'' and inserting ``not later than April 12,
2017''.
SEC. 129. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION
PROJECT DEMONSTRATION.
(a) In General.--Subsection (f) of section 123 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395i-4
note) is amended--
(1) in paragraph (1), by striking ``3-year period beginning
on October 1, 2009'' and inserting ``3-year period beginning on
August 1, 2016 (referred to in this section as the `initial
period'), and 5-year period beginning on July 1, 2021 (referred
to in this section as the `extension period')'';
(2) in paragraph (2)--
(A) by striking ``project.--The demonstration'' and
inserting ``project.--
``(A) Initial period.--During the initial period,
the demonstration''; and
(B) by adding at the end the following new
subparagraph:
``(B) Extension period.--During the extension
period, the demonstration project under this section
shall be considered to have begun in a State on the date
during such period on which the eligible counties
selected to participate in the demonstration project
under subsection (d)(3) begin operations in accordance
with the requirements under the demonstration
project.''; and
(3) by adding at the end the following new paragraph:
``(3) Re-entry on a rolling basis for extension period.--A
critical access hospital participating in the demonstration
project under this section during the extension period shall
begin such participation in the cost reporting year that begins
on or after July 1, 2021.''.
(b) Eligible Entities.--Subsection (d)(1) of such section 123 is
amended--
(1) in subparagraph (B), in the matter preceding clause (i),
by striking ``In this section'' and inserting ``Subject to
subparagraph (C), in this section''; and
(2) by adding at the end the following new subparagraph:
``(C) Extension period.--An entity shall only be
eligible to participate in the demonstration project
under this section during the extension period if the
entity participated in the demonstration project under
this section during the initial period.''.
(c) Funding.--Subsection (g)(1) of such section 123 is amended--
(1) in subparagraph (A)--
(A) by striking ``In general'' and inserting
``Initial period''; and
(B) by inserting ``with respect to the initial
period'' before the period at the end; and
[[Page 134 STAT. 2973]]
(2) by adding at the end the following new subparagraph:
``(C) <<NOTE: Transfer authority.>> Extension
period.--The Secretary shall provide for the transfer of
$10,000,000, in appropriate part from the Federal
Hospital Insurance Trust Fund established under section
1817 of the Social Security Act (42 U.S.C. 1395i) and
the Federal Supplementary Medical Insurance Trust Fund
established under section 1841 of such Act (42 U.S.C.
1395t), to the Centers for Medicare & Medicaid Services
for the purposes of carrying out its duties under the
demonstration project under this section with respect to
the extension period.''.
SEC. 130. IMPROVING RURAL HEALTH CLINIC PAYMENTS.
Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is
amended--
(1) in paragraph (2)--
(A) by inserting ``(before April 1, 2021)'' after
``in a subsequent year''; and
(B) by striking ``this subsection'' and inserting
``this paragraph'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(3) in the matter preceding subparagraph (A), as
redesignated by paragraph (2)--
(A) by inserting ``(1)'' after ``(f)''; and
(B) by inserting ``prior to April 1, 2021'' after
``services provided''; and
(4) by adding at the end the following new paragraphs:
``(2) In establishing limits under subsection (a) on payment for
rural health clinic services furnished on or after April 1, 2021, by a
rural health clinic (other than a rural health clinic described in
paragraph (3)(B)), the Secretary shall establish such limit, for
services provided--
``(A) in 2021, after March 31, at $100 per visit;
``(B) in 2022, at $113 per visit;
``(C) in 2023, at $126 per visit;
``(D) in 2024, at $139 per visit;
``(E) in 2025, at $152 per visit;
``(F) in 2026, at $165 per visit;
``(G) in 2027, at $178 per visit;
``(H) in 2028, at $190 per visit; and
``(I) in a subsequent year, at the limit established under
this paragraph for the previous year increased by the percentage
increase in the MEI applicable to primary care services
furnished as of the first day of such subsequent year.
``(3)(A) <<NOTE: Effective date.>> In establishing limits under
subsection (a) on payment for rural health clinic services furnished on
or after April 1, 2021, by a rural health clinic described in
subparagraph (B), the Secretary shall establish such limit, with respect
to each such rural health clinic, for services provided--
``(i) in 2021, after March 31, at an amount equal to the
greater of--
``(I) the per visit payment amount applicable to
such rural health clinic for rural health clinic
services furnished in 2020, increased by the percentage
increase in the MEI applicable to primary care services
furnished as of the first day of 2021; or
[[Page 134 STAT. 2974]]
``(II) the limit described in paragraph (2)(A); and
``(ii) in a subsequent year, at an amount equal to the
greater of--
``(I) the amount established under clause (i)(I) or
this subclause for the previous year with respect to
such rural health clinic, increased by the percentage
increase in the MEI applicable to primary care services
furnished as of the first day of such subsequent year;
or
``(II) the limit established under paragraph (2) for
such subsequent year.
``(B) A rural health clinic described in this subparagraph is a
rural health clinic that, as of December 31, 2019, was--
``(i) in a hospital with less than 50 beds; and
``(ii) enrolled under section 1866(j).''.
SEC. 131. <<NOTE: Applicability.>> MEDICARE GME TREATMENT OF
HOSPITALS ESTABLISHING NEW MEDICAL
RESIDENCY TRAINING PROGRAMS AFTER
HOSTING MEDICAL RESIDENT ROTATORS FOR
SHORT DURATIONS.
(a) Redetermination of Approved FTE Resident Amount.--Section
1886(h)(2)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is
amended--
(1) by inserting ``(i)'' before ``In the case of''; and
(2) by adding at the end the following:
``(ii) In applying this subparagraph in the case of
a hospital that trains residents and has not entered
into a GME affiliation agreement (as defined by the
Secretary for purposes of paragraph (4)(H)(ii)), on or
after the date of the enactment of this clause, the
Secretary shall not establish an FTE resident amount
until such time as the Secretary determines that the
hospital has trained at least 1.0 full-time-equivalent
resident in an approved medical residency training
program in a cost reporting period.
``(iii) <<NOTE: Effective dates. Time periods.>> In
applying this subparagraph for cost reporting periods
beginning on or after the date of enactment of this
clause, in the case of a hospital that, as of such date
of enactment, has an approved FTE resident amount based
on the training in an approved medical residency program
or programs of--
``(I) less than 1.0 full-time-equivalent
resident in any cost reporting period beginning
before October 1, 1997, as determined by the
Secretary; or
``(II) no more than 3.0 full-time-equivalent
residents in any cost reporting period beginning
on or after October 1, 1997, and before the date
of the enactment of this clause, as determined by
the Secretary,
in lieu of such FTE resident amount the Secretary shall,
in accordance with the methodology described in section
413.77(e) of title 42 of the Code of Federal Regulations
(or any successor regulation), establish a new FTE
resident amount if the hospital trains at least 1.0
full-time-equivalent resident (in the case of a hospital
described in subclause (I)) or more than 3.0 full-time-
equivalent residents (in the case of a hospital
described in subclause (II)) in a cost reporting period
beginning on or after such date of enactment and before
the date that is 5 years after such date of enactment.
[[Page 134 STAT. 2975]]
``(iv) For purposes of carrying out this
subparagraph for cost reporting periods beginning on or
after the date of the enactment of this clause, a
hospital shall report full-time-equivalent residents on
its cost report for a cost reporting period if the
hospital trains at least 1.0 full-time-equivalent
residents in an approved medical residency training
program or programs in such period.
``(v) As appropriate, the Secretary may consider
information from any cost reporting period necessary to
establish a new FTE resident amount as described in
clause (iii).''.
(b) Redetermination of FTE Resident Limitation.--Section
1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C.
1395ww(h)(4)(H)(i)) is amended--
(1) by inserting ``(I)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(II) In applying this clause in the case of
a hospital that, on or after the date of the
enactment of this subclause, begins training
residents in a new approved medical residency
training program or programs (as defined by the
Secretary), the Secretary shall not determine a
limitation applicable to the hospital under
subparagraph (F) until such time as the Secretary
determines that the hospital has trained at least
1.0 full-time-equivalent resident in such new
approved medical residency training program or
programs in a cost reporting period.
``(III) In applying this clause in the case of
a hospital that, as of the date of the enactment
of this subclause, has a limitation under
subparagraph (F), based on a cost reporting period
beginning before October 1, 1997, of less than 1.0
full-time-equivalent resident, the Secretary shall
adjust the limitation in the manner applicable to
a new approved medical residency training program
if the Secretary determines the hospital begins
training at least 1.0 full-time-equivalent
residents in a program year beginning on or after
such date of enactment and before the date that is
5 years after such date of enactment.
``(IV) In applying this clause in the case of
a hospital that, as of the date of the enactment
of this subclause, has a limitation under
subparagraph (F), based on a cost reporting period
beginning on or after October 1, 1997, and before
such date of enactment, of no more than 3.0 full-
time-equivalent residents, the Secretary shall
adjust the limitation in the manner applicable to
a new approved medical residency training program
if the Secretary determines the hospital begins
training more than 3.0 full-time-equivalent
residents in a program year beginning on or after
such date of enactment and before the date that is
5 years after such date of enactment.
``(V) An adjustment to the limitation
applicable to a hospital made pursuant to
subclause (III) or (IV) shall be made in a manner
consistent with the methodology, as appropriate,
in section 413.79(e) of title 42,
[[Page 134 STAT. 2976]]
Code of Federal Regulations (or any successor
regulation). As appropriate, the Secretary may
consider information from any cost reporting
periods necessary to make such an adjustment to
the limitation.''.
(c) Technical and Conforming Amendments.--Section 1886 of the Social
Security Act (42 U.S.C. 1395ww) is amended--
(1) in subsection (d)(5)(B)(viii), by striking ``subsection
(h)(4)(H)'' and inserting ``paragraphs (2)(F)(iv) and (4)(H) of
subsection (h)''; and
(2) in subsection (h)--
(A) in paragraph (4)(H)(iv), by striking ``an rural
area'' and inserting ``a rural area''; and
(B) in paragraph (7)(E), by striking ``under this''
and all that follows through the period at the end and
inserting the following: ``under this paragraph,
paragraph (8), clause (i), (ii), (iii), or (v) of
paragraph (2)(F), or clause (i) or (vi) of paragraph
(4)(H).''.
(d) <<NOTE: 42 USC 1395ww note.>> Effective Date.--The amendments
made by this section shall apply to payment under section 1886 of the
Social Security Act (42 U.S.C. 1395ww) for cost reporting periods
beginning on or after the date of the enactment of this Act.
SEC. 132. <<NOTE: Effective date.>> MEDICARE PAYMENT FOR CERTAIN
FEDERALLY QUALIFIED HEALTH CENTER AND
RURAL HEALTH CLINIC SERVICES FURNISHED
TO HOSPICE PATIENTS.
Section 1834 of the Social Security Act (42 U.S.C. 1395m), as
amended by section 125(a)(2)(B), is amended--
(1) in subsection (o), by adding at the end the following
new paragraph:
``(4) Payment for attending physician services furnished by
federally qualified health centers to hospice patients.--In the
case of services described in section 1812(d)(2)(A)(ii)
furnished on or after January 1, 2022, by an attending physician
(as defined in section 1861(dd)(3)(B), other than a physician or
practitioner who is employed by a hospice program) who is
employed by or working under contract with a Federally qualified
health center, a Federally qualified health center shall be paid
for such services under the prospective payment system under
this subsection.''; and
(2) by adding at the end the following new subsection:
``(y) Payment for Attending Physician Services Furnished by Rural
Health Clinics to Hospice Patients.--In the case of services described
in section 1812(d)(2)(A)(ii) furnished on or after January 1, 2022, by
an attending physician (as defined in section 1861(dd)(3)(B), other than
a physician or practitioner who is employed by a hospice program) who is
employed by or working under contract with a rural health clinic, a
rural health clinic shall be paid for such services under the
methodology for all-inclusive rates (established by the Secretary) under
section 1833(a)(3), subject to the limits described in section
1833(f).''.
SEC. 133. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY
MODEL UNDER THE MEDICARE PROGRAM.
Notwithstanding any provision of section 1115A of the Social
Security Act (42 U.S.C. 1315a), the Secretary of Health and Human
Services may not implement the radiation oncology model described in the
rule entitled ``Medicare Program; Specialty Care Models To Improve
Quality of Care and Reduce Expenditures'' (85 Fed.
[[Page 134 STAT. 2977]]
Reg. 61114 et seq.), or any substantially similar model, pursuant to
such section before January 1, 2022.
SEC. 134. IMPROVING ACCESS TO SKILLED NURSING FACILITY SERVICES
FOR HEMOPHILIA PATIENTS.
(a) In General.--Section 1888(e)(2)(A)(iii) of the Social Security
Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by adding at the end the
following:
``(VI) Blood clotting factors
indicated for the treatment of patients
with hemophilia and other bleeding
disorders (identified as of July 1,
2020, by HCPCS codes J7170, J7175,
J7177-J7183, J7185-J7190, J7192-J7195,
J7198-J7203, J7205, J7207-J7211, and as
subsequently modified by the Secretary)
and items and services related to the
furnishing of such factors under section
1842(o)(5)(C), and any additional blood
clotting factors identified by the
Secretary and items and services related
to the furnishing of such factors under
such section.''.
(b) <<NOTE: 42 USC 1395yy note.>> Effective Date.--The amendment
made by subsection (a) shall apply to items and services furnished on or
after October 1, 2021.
TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES
SEC. 201. ELIMINATING DSH REDUCTIONS FOR FISCAL YEARS 2021 THROUGH
2023.
Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)),
as amended by section 1106 of the Further Continuing Appropriations Act,
2021, and Other Extensions Act, is amended--
(1) in paragraph (7)(A)--
(A) in clause (i), in the matter preceding subclause
(I), by striking ``For the period'' and all that follows
through ``2025'' and inserting ``For each of fiscal
years 2024 through 2027,''; and
(B) in clause (ii), by striking ``equal to--'' and
all that follows through the period at the end and
inserting ``equal to $8,000,000,000 for each of fiscal
years 2024 through 2027''; and
(2) in paragraph (8), by striking ``2025'' and inserting
``2027''.
SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended
by adding at the end the following new subsection:
``(bb) Supplemental Payment Reporting Requirements.--
``(1) Collection and availability of supplemental payment
data.--
``(A) <<NOTE: State and
local governments. Determination.>> In general.--Not
later than October 1, 2021, the Secretary shall
establish a system for each State to submit reports, as
determined appropriate by the Secretary, on supplemental
payments data, as a requirement for a State plan or
State plan amendment that would provide for a
supplemental payment.
[[Page 134 STAT. 2978]]
``(B) Requirements.--Each report submitted by a
State in accordance with the requirement established
under subparagraph (A) shall include the following:
``(i) An explanation of how supplemental
payments made under the State plan or a State plan
amendment will result in payments that are
consistent with section 1902(a)(30)(A), including
standards with respect to efficiency, economy,
quality of care, and access, along with the stated
purpose and intended effects of the supplemental
payment.
``(ii) <<NOTE: Criteria. Determination.>> The
criteria used to determine which providers are
eligible to receive the supplemental payment.
``(iii) A comprehensive description of the
methodology used to calculate the amount of, and
distribute, the supplemental payment to each
eligible provider, including--
``(I) data on the amount of the
supplemental payment made to each
eligible provider, if known, or, if the
total amount is distributed using a
formula based on data from 1 or more
fiscal years, data on the total amount
of the supplemental payments for the
fiscal year or years available to all
providers eligible to receive a
supplemental payment;
``(II) if applicable, the specific
criteria with respect to Medicaid
service, utilization, or cost data to be
used as the basis for calculations
regarding the amount or distribution of
the supplemental payment; and
``(III) the timing of the
supplemental payment made to each
eligible provider.
``(iv) An assurance that the total Medicaid
payments made to an inpatient hospital provider,
including the supplemental payment, will not
exceed upper payment limits.
``(v) If not already submitted, an upper
payment limit demonstration under section 447.272
of title 42, Code of Federal Regulations (as such
section is in effect as of the date of enactment
of this subsection).
``(C) <<NOTE: Web posting.>> Public availability.--
The Secretary shall make all reports and related data
submitted under this paragraph publicly available on the
website of the Centers for Medicare & Medicaid Services
on a timely basis.
``(2) Supplemental payment defined.--
``(A) In general.--Subject to subparagraph (B), in
this subsection, the term `supplemental payment' means a
payment to a provider that is in addition to any base
payment made to the provider under the State plan under
this title or under demonstration authority.
``(B) DSH payments excluded.--Such term does not
include a disproportionate share hospital payment made
under section 1923.''.
SEC. 203. MEDICAID SHORTFALL AND THIRD PARTY PAYMENTS.
(a) In General.--Subsection (g) of section 1923 of the Social
Security Act (42 U.S.C. 1396r-4) is amended to read as follows:
``(g) Limit on Amount of Payment to Hospital.--
[[Page 134 STAT. 2979]]
``(1) In general.--
``(A) Amount of adjustment subject to uncompensated
costs.--A payment adjustment during a fiscal year shall
not be considered to be consistent with subsection (c)
with respect to a hospital (other than a hospital
described in paragraph (2)(B)) if the payment adjustment
exceeds an amount equal to--
``(i) the costs incurred during the year of
furnishing hospital services by the hospital to
individuals described in subparagraph (B) minus--
``(ii) the sum of--
``(I) payments under this title
(other than under this section) for such
services; and
``(II) payments by uninsured
patients for such services.
``(B) Individuals described.--For purposes of
subparagraph (A), the individuals described in this
clause are the following:
``(i) Individuals who are eligible for medical
assistance under the State plan or under a waiver
of such plan and for whom the State plan or waiver
is the primary payor for such services.
``(ii) <<NOTE: Determination.>> Subject to
subparagraph (C), individuals who have no health
insurance (or other source of third party
coverage) for services provided during the year,
as determined by the Secretary.
``(C) Exclusion of certain payments.--For purposes
of subparagraph (B)(ii), payments made to a hospital for
services provided to indigent patients made by a State
or a unit of local government within a State shall not
be considered to be a source of third party coverage.
``(2) Application of limits for certain hospitals.--
``(A) In general.--A payment adjustment during a
fiscal year shall not be considered to be consistent
with subsection (c) with respect to a hospital described
in subparagraph (B) if the payment adjustment exceeds
the higher of--
``(i) the amount determined for the hospital
and fiscal year under paragraph (1)(A); and
``(ii) the amount determined for the hospital
under paragraph (1)(A) as in effect on January 1,
2020.
``(B) Hospitals described.--A hospital is described
in this subparagraph for a fiscal year if, for the most
recent cost reporting period, the hospital is in at
least the 97th percentile of all hospitals with respect
to--
``(i) the number of inpatient days for such
period that were made up of patients who (for such
days) were entitled to benefits under part A of
title XVIII and were entitled to supplemental
security income benefits under title XVI
(excluding any State supplementary benefits paid
with respect to such patients); or
``(ii) the percentage of total inpatient days
that were made up of patients who (for such days)
were described in clause (i).''.
(b) <<NOTE: Applicability. 42 USC 1396r-4 note.>> Effective Date.--
The amendment made by this section shall take effect on October 1, 2021,
and shall apply to payment
[[Page 134 STAT. 2980]]
adjustments made under section 1923 of the Social Security Act (42
U.S.C. 1396r-4) during fiscal years beginning on or after such date.
SEC. 204. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) In General.--
(1) Funding.--Section 6071(h) of the Deficit Reduction Act
of 2005 (42 U.S.C. 1396a note) is amended--
(A) in paragraph (1)--
(i) in each of subparagraphs (F) through (H),
by striking ``subject to paragraph (3),'';
(ii) in subparagraph (G), by striking ``and''
at the end;
(iii) in subparagraph (H), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following new
subparagraphs:
``(I) for the period beginning on December 19, 2020,
and ending on September 30, 2021, the amount equal to
the pro rata portion of an annual appropriation of
$450,000,000;
``(J) $450,000,000 for fiscal year 2022; and
``(K) $450,000,000 for fiscal year 2023.'';
(B) in paragraph (2)--
(i) by striking ``Subject to paragraph (3),
amounts'' and inserting ``Amounts''; and
(ii) by striking ``2021'' and inserting
``2023''; and
(C) by striking paragraph (3).
(2) Research and evaluation.--Section 6071(g) of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
(A) in paragraph (2), by striking ``2016'' and
inserting ``2026''; and
(B) in paragraph (3), by inserting ``and for each of
fiscal years 2021 through 2023'' after ``2016,''.
(b) Changes to Institutional Residency Period Requirement.--
(1) In general.--Section 6071(b)(2) of the Deficit Reduction
Act of 2005 (42 U.S.C. 1396a note) is amended--
(A) in subparagraph (A)(i), by striking ``90'' and
inserting ``60''; and
(B) by striking the flush sentence after
subparagraph (B).
(2) <<NOTE: 42 USC 1396a note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on the date
that is 30 days after the date of the enactment of this Act.
(c) Updates to State Application Requirements.--Section 6071 of the
Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
(1) in subsection (c)--
(A) in paragraph (3), by striking ``, which shall
include'' and all that follows through ``2007'';
(B) in paragraph (7)--
(i) in the paragraph heading, by striking
``Rebalancing'' and inserting ``Expenditures'';
[[Page 134 STAT. 2981]]
(ii) in subparagraph (A), by adding ``and'' at
the end; and
(iii) in subparagraph (B)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking the
period at the end and inserting a
semicolon; and
(III) by adding at the end the
following:
``(iii) <<NOTE: Work plan.>> include a work plan
that describes for each Federal fiscal year that occurs
during the proposed MFP demonstration project--
``(I) the use of grant funds for each proposed
initiative that is designed to accomplish the
objective described in subsection (a)(1),
including a funding source for each activity that
is part of each such proposed initiative;
``(II) <<NOTE: Evaluation plan.>> an
evaluation plan that identifies expected results
for each such proposed initiative; and
``(III) <<NOTE: Sustainability plan.>> a
sustainability plan for components of such
proposed initiatives that are intended to improve
transitions, which shall be updated with actual
expenditure information for each Federal fiscal
year that occurs during the MFP demonstration
project; and
``(iv) <<NOTE: Deadlines.>> contain assurances that
grant funds used to accomplish the objective described
in subsection (a)(1) shall be obligated not later than
24 months after the date on which the funds are awarded
and shall be expended not later than 60 months after the
date on which the funds are awarded (unless the
Secretary waives either such requirement).''; and
(C) in paragraph (13)--
(i) in subparagraph (A), by striking ``; and''
and inserting ``, and in such manner as will meet
the reporting requirements set forth for the
Transformed Medicaid Statistical Information
System (T-MSIS);'';
(ii) by redesignating subparagraph (B) as
subparagraph (D); and
(iii) by inserting after subparagraph (A) the
following:
``(B) <<NOTE: Reports.>> the State shall report on
a quarterly basis on the use of grant funds by distinct
activity, as described in the approved work plan, and by
specific population as targeted by the State;
``(C) <<NOTE: Action plan.>> if the State fails to
report the information required under subparagraph (B),
fails to report such information on a quarterly basis,
or fails to make progress under the approved work plan,
the State shall implement a corrective action plan
approved by the Secretary; and''; and
(2) in subsection (d)(4), by adding at the end the following
new subparagraph:
``(C) Corrective action plan progress.--In the case
of a State required to implement a corrective action
plan under subparagraph (C) of subsection (c)(13), the
State must implement such plan and demonstrate progress
in reporting information under subparagraph (B) of such
subsection or progress under the approved work plan (as
applicable).''.
[[Page 134 STAT. 2982]]
(d) Funding for Quality Assurance and Improvement; Technical
Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of
2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and
inserting the following:
``(2) Funding.--From the amounts appropriated under
subsection (h)(1), $3,000,000 shall be available to the
Secretary to carry out this subsection. Such amount shall remain
available until expended.''.
(e) Best Practices Evaluation.--Section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the
end the following:
``(i) Best Practices.--
``(1) <<NOTE: Grants. Contracts.>> Report.--The Secretary,
directly or through grant or contract, shall submit a report to
the President and Congress not later than September 30, 2022,
that contains findings and conclusions on best practices from
MFP demonstration projects carried out with grants made under
this section. The <<NOTE: Analyses.>> report shall include
information and analyses with respect to the following:
``(A) The most effective State strategies for
transitioning beneficiaries from institutional to
qualified community settings carried out under MFP
demonstration projects and how such strategies may vary
for different types of beneficiaries, such as
beneficiaries who are aged, physically disabled,
intellectually or developmentally disabled, or
individuals with serious mental illnesses, and other
targeted waiver beneficiary populations under section
1915(c) of the Social Security Act.
``(B) The most common and the most effective State
uses of grant funds carried out under demonstration
projects for transitioning beneficiaries from
institutional to qualified community settings and
improving health outcomes, including differentiating
funding for current initiatives that are designed for
such purpose and funding for proposed initiatives that
are designed for such purpose.
``(C) The most effective State approaches carried
out under MFP demonstration projects for improving
person-centered care and planning.
``(D) Identification of program, financing, and
other flexibilities available under MFP demonstration
projects, that are not available under the traditional
Medicaid program, and which directly contributed to
successful transitions and improved health outcomes
under MFP demonstration projects.
``(E) State strategies and financing mechanisms for
effective coordination of housing financed or supported
under MFP demonstration projects with local housing
authorities and other resources.
``(F) Effective State approaches for delivering
Money Follows the Person transition services through
managed care entities.
``(G) <<NOTE: Determination.>> Other best practices
and effective transition strategies demonstrated by
States with approved MFP demonstration projects, as
determined by the Secretary.
[[Page 134 STAT. 2983]]
``(H) Identification and analyses of opportunities
and challenges to integrating effective Money Follows
the Person practices and State strategies into the
traditional Medicaid program.
``(2) Collaboration.--In preparing the report required under
this subsection, the Secretary shall collect and incorporate
information from States with approved MFP demonstration projects
and beneficiaries participating in such projects, and providers
participating in such projects.
``(3) Waiver of paperwork reduction act.--Chapter 35 of
title 44, United States Code, shall not apply to preparation of
the report described in paragraph (1) or collection of
information described in paragraph (2).
``(4) Funding.--From the amounts appropriated under
subsection (h)(1) for each of fiscal years 2021 and 2022, not
more than $300,000 shall be available to the Secretary for each
such fiscal year to carry out this subsection.''.
(f) MACPAC Report on Qualified Settings Criteria.--Section 6071 of
the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by
subsection (e), is further amended by adding at the end the following:
``(j) MACPAC Report.--Prior to the final implementation date
established by the Secretary for the criteria established for home and
community-based settings in section 441.301(c)(4) of title 42, Code of
Federal Regulations, as part of final implementation of the Home and
Community Based Services (HCBS) Final Rule published on January 16, 2014
(79 Fed. Reg. 2947) (referred to in this subsection as the `HCBS final
rule'), the Medicaid and CHIP Payment and Access Commission (MACPAC)
shall submit to Congress a report that--
``(1) identifies the types of home and community-based
settings and associated services that are available to eligible
individuals in both the MFP demonstration program and sites in
compliance with the HCBS final rule; and
``(2) <<NOTE: Determination. Recommenda- tions.>> if
determined appropriate by the Commission, recommends policies to
align the criteria for a qualified residence under subsection
(b)(6) (as in effect on October 1, 2017) with the criteria in
the HCBS final rule.''.
(g) <<NOTE: Deadline. 42 USC 1396a note.>> Application to Current
Projects.--Not later than 1 year after the date of the enactment of this
Act, the Secretary shall update the terms and conditions of any approved
MFP demonstration project under section 6071 of the Deficit Reduction
Act of 2005 (42 U.S.C. 1396a note) in effect on the date of the
enactment of this Act to ensure that such terms and conditions are the
same as are required for any new State applicant for such project under
the amendments made by this section.
SEC. 205. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of the Patient Protection and
Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking
``December 18, 2020'' and inserting ``September 30, 2023''.
(b) <<NOTE: 42 USC 1396a note.>> Rule of Construction.--Nothing in
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
1396r-5) shall be construed as prohibiting a State from--
[[Page 134 STAT. 2984]]
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
disregard of the income or resources of such
individual's spouse); or
(B) on the basis of an individual's need for home
and community-based services authorized under subsection
(c), (d), (i), or (k) of section 1915 of such Act (42
U.S.C. 1396n) or under section 1115 of such Act (42
U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act (42
U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or other
remedial care under which the State disregarded the income and
assets of the individual's spouse in determining the initial and
ongoing financial eligibility of an individual for such services
in place of the spousal impoverishment provisions applied under
section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 206. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d) of the Protecting Access to Medicare Act of 2014 (42
U.S.C. 1396a note), as amended by section 1104 of the Further Continuing
Appropriations Act, 2021, and Other Extensions Act, is amended--
(1) in paragraph (3), by striking ``under this subsection''
and all that follows through the period and inserting ``that
meet the requirements of this subsection through September 30,
2023.'';
(2) in paragraph (5)(C)(iii)(I), by striking ``during the 8
fiscal quarter period (or any portion of the period) that begins
on January 1, 2020'' and inserting ``through September 30,
2023'';
(3) in paragraph (5)(C)(iii)(II), by inserting before the
period at the end ``or through September 30, 2023, whichever is
longer'';
(4) in paragraph (8)(A), by striking ``to participate'' and
all that follows through the period and inserting ``to conduct
demonstration programs that meet the requirements of this
subsection for 2 years or through September 30, 2023, whichever
is longer.''.
SEC. 207. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND ABUSE
CONTROL UNITS TO INVESTIGATE AND PROS-
ECUTE CASES OF MEDICAID PATIENT ABUSE
AND
NEGLECT IN ANY SETTING.
(a) In General.--Section 1903(q)(4)(A)(ii) of the Social Security
Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after
``patients residing in board and care facilities'' the following: ``and
of patients (who are receiving medical assistance under the State plan
under this title (or waiver of such plan)) in a noninstitutional or
other setting''.
[[Page 134 STAT. 2985]]
(b) Availability of Funding.--Section 1903(a)(6) of the Social
Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter following
subparagraph (B), by striking ``(as found necessary by the Secretary for
the elimination of fraud in the provision and administration of medical
assistance provided under the State plan (or waiver of such plan))''.
SEC. 208. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED
STATES.
(a) In General.--Section 402(b)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is
amended by adding at the end the following new subparagraph:
``(G) Medicaid exception for citizens of freely
associated states.--With respect to eligibility for
benefits for the designated Federal program defined in
paragraph (3)(C) (relating to the Medicaid program),
paragraph (1) shall not apply to any individual who
lawfully resides in 1 of the 50 States or the District
of Columbia in accordance with the Compacts of Free
Association between the Government of the United States
and the Governments of the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau and shall not apply, at the option
of the Governor of Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, or American Samoa as
communicated to the Secretary of Health and Human
Services in writing, to any individual who lawfully
resides in the respective territory in accordance with
such Compacts.''.
(b) Exception to 5-Year Limited Eligibility.--Section 403(b) of such
Act (8 U.S.C. 1613(b)) is amended by adding at the end the following new
paragraph:
``(3) Exception for citizens of freely associated states.--
An individual described in section 402(b)(2)(G), but only with
respect to the designated Federal program defined in section
402(b)(3)(C).''.
(c) Definition of Qualified Alien.--Section 431(b) of such Act (8
U.S.C. 1641(b)) is amended--
(1) in paragraph (6), by striking ``; or'' at the end and
inserting a comma;
(2) in paragraph (7), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an individual who lawfully resides in the United
States in accordance with a Compact of Free Association referred
to in section 402(b)(2)(G), but only with respect to the
designated Federal program defined in section 402(b)(3)(C)
(relating to the Medicaid program).''.
(d) Conforming Amendments.--Section 1108 of the Social Security Act
(42 U.S.C. 1308) is amended--
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsection (g) and section 1935(e)(1)(B)''
and inserting ``subsections (g) and (h) and section
1935(e)(1)(B)''; and
(2) by adding at the end the following:
``(h) Exclusion of Medical Assistance Expenditures for Citizens of
Freely Associated States.--Expenditures for medical
[[Page 134 STAT. 2986]]
assistance provided to an individual described in section 431(b)(8) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account for purposes
of applying payment limits under subsections (f) and (g).''.
(e) <<NOTE: 8 USC 1612 note.>> Effective Date.--The amendments made
by this section shall apply to benefits for items and services furnished
on or after the date of the enactment of this Act.
SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL TRANSPORTATION.
(a) Continuing Requirement of Medicaid Coverage of Necessary
Transportation.--
(1) Requirement.--Section 1902(a)(4) of the Social Security
Act (42 U.S.C. 1396a(a)(4)) is amended--
(A) by striking ``and including provision for
utilization'' and inserting ``including provision for
utilization''; and
(B) by inserting after ``supervision of
administration of the plan'' the following: ``, and,
subject to section 1903(i), including a specification
that the single State agency described in paragraph (5)
will ensure necessary transportation for beneficiaries
under the State plan to and from providers and a
description of the methods that such agency will use to
ensure such transportation''.
(2) Application with respect to benchmark benefit packages
and benchmark equivalent coverage.--Section 1937(a)(1) of the
Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
(A) in subparagraph (A), by striking ``subsection
(E)'' and inserting ``subparagraphs (E) and (F)''; and
(B) by adding at the end the following new
subparagraph:
``(F) Necessary transportation.--Notwithstanding the
preceding provisions of this paragraph, a State may not
provide medical assistance through the enrollment of an
individual with benchmark coverage or benchmark
equivalent coverage described in subparagraph (A)(i)
unless, subject to section 1903(i)(9) and in accordance
with section 1902(a)(4), the benchmark benefit package
or benchmark equivalent coverage (or the State)--
``(i) ensures necessary transportation for
individuals enrolled under such package or
coverage to and from providers; and
``(ii) provides a description of the methods
that will be used to ensure such
transportation.''.
(3) Limitation on federal financial participation.--Section
1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is
amended by inserting after paragraph (8) the following new
paragraph:
``(9) with respect to any amount expended for non-emergency
transportation authorized under section 1902(a)(4), unless the
State plan provides for the methods and procedures required
under section 1902(a)(30)(A); or''.
(4) <<NOTE: 42 USC 1396a note.>> Effective date.--The
amendments made by this subsection shall take effect on the date
of the enactment of this Act and shall apply to transportation
furnished on or after such date.
[[Page 134 STAT. 2987]]
(b) Medicaid Program Integrity Measures Related to Coverage of
Nonemergency Medical Transportation.--
(1) <<NOTE: Deadline.>> Gao study.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a study, and submit
to Congress, a report on coverage under the Medicaid program
under title XIX of the Social Security Act of nonemergency
transportation to services. Such study shall take into account
the 2009 report of the Office of the Inspector General of the
Department of Health and Human Services, titled ``Fraud and
Abuse Safeguards for State Medicaid Nonemergency Medical
Transportation Services'' (OEI-06-07-
00320). <<NOTE: Examinations.>> Such report shall include the
following:
(A) An examination of the 50 States and the District
of Columbia to identify safeguards to prevent and detect
fraud and abuse with respect to coverage under the
Medicaid program of nonemergency transportation to
covered services.
(B) An examination of transportation brokers to
identify the range of safeguards against such fraud and
abuse to prevent improper payments for such
transportation.
(C) Identification of the numbers, types, and
outcomes of instances of fraud and abuse, with respect
to coverage under the Medicaid program of such
transportation, that State Medicaid Fraud Control Units
have investigated in recent years.
(D) Identification of commonalities or trends in
program integrity, with respect to such coverage, to
inform risk management strategies of States and the
Centers for Medicare & Medicaid Services.
(2) Stakeholder meetings.--
(A) <<NOTE: Deadline.>> In general.--Not later than
18 months after the date of the enactment of this Act,
the Secretary of Health and Human Services, through the
Centers for Medicare & Medicaid Services, shall convene
a series of meetings to obtain input from appropriate
stakeholders to facilitate discussion and shared
learning about the leading practices for improving
Medicaid program integrity, with respect to coverage of
nonemergency transportation to medically necessary
services.
(B) Topics.--The meetings convened under
subparagraph (A) shall--
(i) focus on ongoing challenges to Medicaid
program integrity as well as leading practices to
address such challenges; and
(ii) address specific challenges raised by
stakeholders involved in coverage under the
Medicaid program of nonemergency transportation to
covered services, including unique considerations
for specific groups of Medicaid beneficiaries
meriting particular attention, such as American
Indians and tribal land issues or accommodations
for individuals with disabilities.
(C) Stakeholders.--Stakeholders described in
subparagraph (A) shall include individuals from State
Medicaid programs, brokers for nonemergency
transportation to medically necessary services that meet
the criteria described in section 1902(a)(70)(B) of the
Social Security
[[Page 134 STAT. 2988]]
Act (42 U.S.C. 1396a(a)(70)(B)), providers (including
transportation network companies), Medicaid patient
advocates, and such other individuals specified by the
Secretary.
(3) <<NOTE: Deadline. Assessment. Updates. 42 USC 1396a
note.>> Guidance review.--Not later than 24 months after the
date of the enactment of this Act, the Secretary of Health and
Human Services, through the Centers for Medicare & Medicaid
Services, shall assess guidance issued to States by the Centers
for Medicare & Medicaid Services relating to Federal
requirements for nonemergency transportation to medically
necessary services under the Medicaid program under title XIX of
the Social Security Act and update such guidance as necessary to
ensure States have appropriate and current guidance in designing
and administering coverage under the Medicaid program of
nonemergency transportation to medically necessary services.
(4) Nemt transportation provider and driver requirements.--
(A) State plan requirement.--Section 1902(a) of the
Social Security Act (42 U.S.C. 1396a(a)) is amended--
(i) by striking ``and'' at the end of
paragraph (85);
(ii) by striking the period at the end of
paragraph (86) and inserting ``; and''; and
(iii) by inserting after paragraph (86) the
following new paragraph:
``(87) provide for a mechanism, which may include
attestation, that ensures that, with respect to any provider
(including a transportation network company) or individual
driver of nonemergency transportation to medically necessary
services receiving payments under such plan (but excluding any
public transit authority), at a minimum--
``(A) each such provider and individual driver is
not excluded from participation in any Federal health
care program (as defined in section 1128B(f)) and is not
listed on the exclusion list of the Inspector General of
the Department of Health and Human Services;
``(B) each such individual driver has a valid
driver's license;
``(C) <<NOTE: Violation.>> each such provider has
in place a process to address any violation of a State
drug law; and
``(D) <<NOTE: Disclosure.>> each such provider has
in place a process to disclose to the State Medicaid
program the driving history, including any traffic
violations, of each such individual driver employed by
such provider, including any traffic violations.''.
(B) <<NOTE: 42 USC 1396a note.>> Effective date.--
(i) In general.--Except as provided in clause
(ii), the amendments made by subparagraph (A)
shall take effect on the date of the enactment of
this Act and shall apply to services furnished on
or after the date that is one year after the date
of the enactment of this Act.
(ii) <<NOTE: Plans. Determination.>>
Exception.--In the case of a State plan under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), or waiver of such plan, that the
Secretary of Health and Human Services determines
requires State legislation in order for the
respective plan to meet any requirement imposed by
amendments made
[[Page 134 STAT. 2989]]
by this section, the respective plan shall not be
regarded as failing to comply with the
requirements of such title solely on the basis of
its failure to meet such an additional requirement
before the first day of the first calendar quarter
beginning after the close of the first regular
session of the State legislature that begins after
the date of the enactment of this Act. For
purposes of the previous sentence, in the case of
a State that has a 2-year legislative session,
each year of the session shall be considered to be
a separate regular session of the State
legislature.
(5) <<NOTE: Reports.>> Analysis of t-msis data.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Health and Human Services, through the Centers for
Medicare & Medicaid Services, shall analyze, and submit to
Congress a report on, the nation-wide data set under the
Transformed Medicaid Statistical Information System to identify
recommendations relating to coverage under the Medicaid program
under title XIX of the Social Security Act of nonemergency
transportation to medically necessary services.
(c) <<NOTE: 42 USC 1396a note.>> Consultation Relating to
Nonemergency Medical Transportation.--In the case of a State that
exercises the option described in section 1902(a)(70) of the Social
Security Act (42 U.S.C. 1396a(a)(7)), in establishing a non-emergency
medical transportation brokerage program under such section, a State
Medicaid agency may consult relevant stakeholders, including
stakeholders representing patients, medical providers, Medicaid managed
care organizations, brokers for non-emergency medical transportation,
and transportation providers (including public transportation
providers).
SEC. 210. PROMOTING ACCESS TO LIFE-SAVING THERAPIES FOR MEDICAID
ENROLLEES BY ENSURING COVERAGE OF ROU-
TINE PATIENT COSTS FOR ITEMS AND
SERVICES FUR-
NISHED IN CONNECTION WITH PARTICIPATION
IN QUALI-
FYING CLINICAL TRIALS.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)--
(A) in paragraph (29), by striking ``and'' at the
end;
(B) by redesignating paragraph (30) as paragraph
(31); and
(C) by inserting after paragraph (29) the following
new paragraph:
``(30) subject to subsection (gg), routine patient costs for
items and services furnished in connection with participation in
a qualifying clinical trial (as defined in such subsection);
and''; and
(2) by adding at the end the following new subsection:
``(gg)(1) Routine Patient Costs.--For purposes of subsection
(a)(30), with respect to a State and an individual enrolled under the
State plan (or a waiver of such plan) who participates in a qualifying
clinical trial, routine patient costs--
``(A) include any item or service provided to the individual
under the qualifying clinical trial, including--
[[Page 134 STAT. 2990]]
``(i) any item or service provided to prevent,
diagnose, monitor, or treat complications resulting from
such participation, to the extent that the provision of
such an item or service to the individual outside the
course of such participation would otherwise be covered
under the State plan or waiver; and
``(ii) any item or service required solely for the
provision of the investigational item or service that is
the subject of such trial, including the administration
of such investigational item or service; and
``(B) does not include--
``(i) an item or service that is the investigational
item or service that is--
``(I) the subject of the qualifying clinical
trial; and
``(II) not otherwise covered outside of the
clinical trial under the State plan or waiver; or
``(ii) an item or service that is--
``(I) provided to the individual solely to
satisfy data collection and analysis needs for the
qualifying clinical trial and is not used in the
direct clinical management of the individual; and
``(II) not otherwise covered under the State
plan or waiver.
``(2) Qualifying Clinical Trial Defined.--
``(A) In general.--For purposes of this subsection and
subsection (a)(30), the term `qualifying clinical trial' means a
clinical trial (in any clinical phase of development) that is
conducted in relation to the prevention, detection, or treatment
of any serious or life-threatening disease or condition and is
described in any of the following clauses:
``(i) The study or investigation is approved,
conducted, or supported (which may include funding
through in-kind contributions) by one or more of the
following:
``(I) The National Institutes of Health.
``(II) The Centers for Disease Control and
Prevention.
``(III) The Agency for Healthcare Research and
Quality.
``(IV) The Centers for Medicare & Medicaid
Services.
``(V) A cooperative group or center of any of
the entities described in subclauses (I) through
(IV) or the Department of Defense or the
Department of Veterans Affairs.
``(VI) A qualified non-governmental research
entity identified in the guidelines issued by the
National Institutes of Health for center support
grants.
``(VII) Any of the following if the conditions
described in subparagraph (B) are met:
``(aa) The Department of Veterans
Affairs.
``(bb) The Department of Defense.
``(cc) The Department of Energy.
``(ii) The clinical trial is conducted pursuant to
an investigational new drug exemption under section
505(i) of the Federal Food, Drug, and Cosmetic Act or an
exemption for a biological product undergoing
investigation under section 351(a)(3) of the Public
Health Service Act.
[[Page 134 STAT. 2991]]
``(iii) The clinical trial is a drug trial that is
exempt from being required to have an exemption
described in clause (ii).
``(B) <<NOTE: Peer review. Determination.>> Conditions.--
For purposes of subparagraph (A)(i)(VII), the conditions
described in this subparagraph, with respect to a clinical trial
approved or funded by an entity described in such subparagraph
(A)(i)(VII), are that the clinical trial has been reviewed and
approved through a system of peer review that the Secretary
determines--
``(i) to be comparable to the system of peer review
of studies and investigations used by the National
Institutes of Health; and
``(ii) assures unbiased review of the highest
scientific standards by qualified individuals with no
interest in the outcome of the review.
``(3) Coverage Determination Requirements.--A determination with
respect to coverage under subsection (a)(30) for an individual
participating in a qualifying clinical trial--
``(A) <<NOTE: Deadline.>> shall be expedited and completed
within 72 hours;
``(B) shall be made without limitation on the geographic
location or network affiliation of the health care provider
treating such individual or the principal investigator of the
qualifying clinical trial;
``(C) <<NOTE: Public information. Web posting.>> shall be
based on attestation regarding the appropriateness of the
qualifying clinical trial by the health care provider and
principal investigator described in subparagraph (B), which
shall be made using a streamlined, uniform form developed for
State use by the Secretary and that includes the option to
reference information regarding the qualifying clinical trial
that is publicly available on a website maintained by the
Secretary, such as clinicaltrials.gov (or a successor website);
and
``(D) shall not require submission of the protocols of the
qualifying clinical trial, or any other documentation that may
be proprietary or determined by the Secretary to be burdensome
to provide.''.
(b) Requiring Mandatory Coverage Under State Plan.--Section
1902(a)(10)(A) of such Act is amended, in the matter preceding clause
(i), by striking ``and (29)'' and inserting ``(29), and (30)''.
(c) Inclusion in Benchmark Coverage.--Section 1937(b)(5) of such Act
is amended by inserting before the period at the end the following: ``,
and beginning January 1, 2022, coverage of routine patient costs for
items and services furnished in connection with participation in a
qualifying clinical trial (as defined in section 1905(gg))''.
(d) Exemption of Additional Expenditures From Payment Limits for
Territories.--Section 1108(g)(4) of the Social Security Act (42 U.S.C.
1308(g)(4)) is amended--
(1) by striking ``With respect to'' and inserting the
following:
``(A) In general.--With respect to''; and
(2) by adding at the end the following new subparagraph:
``(B) Additional exemption.--Payments under section
1903 for medical assistance consisting of routine
patient costs (as defined in section 1905(gg)(1)) shall
not be taken into account in applying subsection (f).''.
(e) <<NOTE: 42 USC 1308 note.>> Effective Date.--
[[Page 134 STAT. 2992]]
(1) In general.--The amendments made by this section shall
apply with respect to items and services furnished on or after
January 1, 2022.
(2) <<NOTE: Determination.>> Exception for state
legislation.--In the case of a State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), or waiver of such
plan, that the Secretary of Health and Human Services determines
requires State legislation in order for the respective plan to
meet any requirement imposed by amendments made by this section,
the respective plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis of its
failure to meet such an additional requirement before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature.
TITLE III--HUMAN SERVICES
SEC. 301. <<NOTE: 42 USC 601 note.>> EXTENSION OF TANF, CHILD
CARE ENTITLEMENT TO STATES, AND RELATED
PROGRAMS.
Activities authorized by part A of title IV and section 1108(b) of
the Social Security Act shall continue through September 30, 2021, in
the manner authorized for fiscal year 2020, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
Grants <<NOTE: Time periods.>> and payments may be made pursuant to
this authority on a quarterly basis through the 4th quarter of fiscal
year 2021 at the level provided for such activities for the
corresponding quarter of fiscal year 2020.
SEC. 302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``2020 and for the
period beginning October 1, 2020, and
ending December 18, 2020'' and inserting
``2023''; and
(II) in clause (i), by striking ``or
period'';
(ii) in subparagraph (B)(i), by striking the
2nd sentence;
(iii) in subparagraph (C)(i)--
(I) by striking ``or the period
described in subparagraph (A)''; and
(II) by striking ``or period'';
(B) in paragraph (3)--
(i) by striking ``or the period described in
paragraph (1)(A)''; and
(ii) by striking ``or period''; and
(C) in paragraph (4)--
[[Page 134 STAT. 2993]]
(i) by striking ``2020 and for the period
described in paragraph (1)(A)'' and inserting
``2023'';
(ii) by striking ``2020 and for the period so
described'' and inserting ``2023''; and
(iii) by striking ``or the period so
described'';
(2) in subsection (c)--
(A) in each of paragraphs (1) and (2), by striking
``Subject to paragraph (3), from'' and inserting
``From''; and
(B) by striking paragraph (3); and
(3) in subsection (f), by striking ``2020, and for the
period beginning on October 1, 2020, and ending on December 18,
2020, the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020'' and
inserting ``2023''.
SEC. 303. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``2020 and for the
period beginning October 1, 2020, and
ending December 18, 2020'' and inserting
``2023''; and
(II) by striking ``(or, with respect
to such period, for fiscal year 2021)'';
and
(ii) in subparagraph (A), by striking ``or
period'' each place it appears;
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``2020 and for the
period beginning October 1, 2020, and
ending December 18, 2020'' and inserting
``2023''; and
(II) by striking ``(or, with respect
to such period, for fiscal year 2021)'';
and
(ii) in subparagraph (B)(i), by striking
``(or, with respect to the period described in
subparagraph (A), for fiscal year 2021)''; and
(2) in subsection (f)--
(A) in paragraph (1), by striking ``2020, and for
the period beginning on October 1, 2020, and ending on
December 18, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for
fiscal year 2020'' and inserting ``2023''; and
(B) in paragraph (2), by striking ``2020, and for
the period described in paragraph (1),'' and inserting
``2023,''.
SEC. 304. EXTENSION OF SUPPORT FOR CURRENT HEALTH PROFESSIONS
OPPORTUNITY GRANTS.
Out of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated to the Secretary of Health
and Human Services $3,600,000, which shall be available--
(1) <<NOTE: Time period.>> through the end of fiscal year
2021 for necessary administrative expenses to carry out grants
made under section 2008(a) of the Social Security Act before the
date of the enactment of this Act; and
[[Page 134 STAT. 2994]]
(2) through the end of fiscal year 2022 for research,
evaluation, and reporting under such section, and for necessary
administrative expenses to carry out these activities.
SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND STABLE
FAMILIES PROGRAM AND STATE COURT SUP-
PORT.
(a) Extensions.--Section 436 of the Social Security Act (42 U.S.C.
629f) is amended in each of subsections (a), (b)(4)(A), (b)(5), and
(f)(10) by striking ``2021'' and inserting ``2022''.
(b) Program Changes.--Section 438 of such Act (42 U.S.C. 629h) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``in a
timely and complete manner'' before ``, as set
forth''; and
(ii) in subparagraph (C), by striking the
semicolon and inserting ``, including by training
judges, attorneys, and other legal personnel.'';
and
(B) by striking paragraphs (3) and (4);
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by striking all that precedes ``be eligible to
receive'' and inserting the following:
``(b) Applications.--In order to''; and
(C) in the matter preceding paragraph (2)--
(i) by moving the matter 2 ems to the left;
(ii) in subparagraph (A)--
(I) by striking ``(A) in the case of
a grant for the purpose described in
subsection (a)(3),'' and inserting
``(1)''; and
(II) by inserting ``use not less
than 30 percent of grant funds to''
before ``collaborate'';
(iii) in subparagraph (B), by striking ``(B)
in the case of a grant for the purpose described
in subsection (a)(4),'' and inserting ``(2)''; and
(iv) in subparagraph (C), by striking ``(C) in
the case of a grant for the purpose described in
subsection (a),'' and inserting ``(3)'';
(3) by striking subsection (c) and inserting the following:
``(c) Amount of Grant.--
``(1) In general.--From the amounts reserved under sections
436(b)(2) and 437(b)(2) for a fiscal year, each highest State
court that has an application approved under this section for
the fiscal year shall be entitled to payment of an amount equal
to the sum of--
``(A) $255,000; and
``(B) the amount described in paragraph (2) with
respect to the court and the fiscal year.
``(2) Amount described.--The amount described in this
paragraph with respect to a court and a fiscal year is the
amount that bears the same ratio to the total of the amounts
reserved under sections 436(b)(2) and 437(b)(2) for grants under
this section for the fiscal year (after applying paragraphs
(1)(A) and (3) of this subsection) as the number of individuals
in the State in which the court is located who have not attained
21 years of age bears to the total number of such individuals
[[Page 134 STAT. 2995]]
in all States with a highest State court that has an approved
application under this section for the fiscal year.
``(3) Indian tribes.--From the amounts reserved under
section 436(b)(2) for a fiscal year, the Secretary shall, before
applying paragraph (1) of this subsection, allocate $1,000,000
for grants to be awarded on a competitive basis among the
highest courts of Indian tribes or tribal consortia that--
``(A) are operating a program under part E, in
accordance with section 479B;
``(B) are seeking to operate a program under part E
and have received an implementation grant under section
476; or
``(C) have a court responsible for proceedings
related to foster care or adoption.''; and
(4) in subsection (d), by striking ``2017 through 2021'' and
inserting ``2018 through 2022''.
(c) <<NOTE: 42 USC 629f note.>> Effective Date.--The amendments
made by this section shall take effect on October 1, 2021.
TITLE IV--HEALTH OFFSETS
SEC. 401. REQUIRING CERTAIN MANUFACTURERS TO REPORT DRUG PRICING
INFORMATION WITH RESPECT TO DRUGS
UNDER THE MEDICARE PROGRAM.
(a) In General.--Section 1847A of the Social Security Act (42 U.S.C.
1395w-3a) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), by inserting ``or
subsection (f)(2), as applicable'' before the period at
the end;
(B) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``or subsection (f)(2),
as applicable,'' before ``determined by''; and
(C) in paragraph (6)(A), in the matter preceding
clause (i), by inserting ``or subsection (f)(2), as
applicable,'' before ``determined by''; and
(2) in subsection (f)--
(A) by striking ``For requirements'' and inserting
the following:
``(1) In general.--For requirements''; and
(B) by adding at the end the following new
paragraph:
``(2) Manufacturers without a rebate agreement under title
xix.--
``(A) <<NOTE: Time period. Effective
date. Reports.>> In general.--If the manufacturer of a
drug or biological described in subparagraph (C), (E),
or (G) of section 1842(o)(1) or in section
1881(b)(14)(B) that is payable under this part has not
entered into and does not have in effect a rebate
agreement described in subsection (b) of section 1927,
for calendar quarters beginning on January 1, 2022, such
manufacturer shall report to the Secretary the
information described in subsection (b)(3)(A)(iii) of
such section 1927 with respect to such drug or
biological in a time and manner specified by the
Secretary. <<NOTE: Applicability.>> For purposes of
applying this paragraph, a drug or biological described
in the previous sentence includes items, services,
supplies, and products that are payable under this part
as a drug or biological.
[[Page 134 STAT. 2996]]
``(B) Audit.--Information reported under
subparagraph (A) is subject to audit by the Inspector
General of the Department of Health and Human Services.
``(C) <<NOTE: Survey.>> Verification.--The
Secretary may survey wholesalers and manufacturers that
directly distribute drugs or biologicals described in
subparagraph (A), when necessary, to verify manufacturer
prices and manufacturer's average sales prices
(including wholesale acquisition cost) if required to
make payment reported under subparagraph
(A). <<NOTE: Penalty.>> The Secretary may impose a
civil monetary penalty in an amount not to exceed
$100,000 on a wholesaler, manufacturer, or direct
seller, if the wholesaler, manufacturer, or direct
seller of such a drug or biological refuses a request
for information about charges or prices by the Secretary
in connection with a survey under this subparagraph or
knowingly provides false information.
The <<NOTE: Applicability.>> provisions of section
1128A (other than subsections (a) (with respect to
amounts of penalties or additional assessments) and (b))
shall apply to a civil money penalty under this
subparagraph in the same manner as such provisions apply
to a penalty or proceeding under section 1128A(a).
``(D) <<NOTE: Reviews.>> Confidentiality.--
Notwithstanding any other provision of law, information
disclosed by manufacturers or wholesalers under this
paragraph (other than the wholesale acquisition cost for
purposes of carrying out this section) is confidential
and shall not be disclosed by the Secretary in a form
which discloses the identity of a specific manufacturer
or wholesaler or prices charged for drugs or biologicals
by such manufacturer or wholesaler, except--
``(i) <<NOTE: Determination.>> as the
Secretary determines to be necessary to carry out
this section (including the determination and
implementation of the payment amount), or to carry
out section 1847B;
``(ii) to permit the Comptroller General of
the United States to review the information
provided;
``(iii) to permit the Director of the
Congressional Budget Office to review the
information provided;
``(iv) to permit the Medicare Payment Advisory
Commission to review the information provided; and
``(v) to permit the Medicaid and CHIP Payment
and Access Commission to review the information
provided.''.
(b) Enforcement.--Section 1847A of such Act (42 U.S.C. 1395w-3a) is
further amended--
(1) in subsection (d)(4)--
(A) in subparagraph (A), by striking ``In general''
and inserting ``Misrepresentation'';
(B) in subparagraph (B), by striking ``subparagraph
(B)'' and inserting ``subparagraph (A), (B), or (C)'';
(C) by redesignating subparagraph (B) as
subparagraph (E); and
(D) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) <<NOTE: Determination. Applicability. Penalty.>>
Failure to provide timely information.--If the Secretary
determines that a manufacturer described in subsection
(f)(2) has failed to report on information described in
section 1927(b)(3)(A)(iii) with respect to a drug or
[[Page 134 STAT. 2997]]
biological in accordance with such subsection, the
Secretary shall apply a civil money penalty in an amount
of $10,000 for each day the manufacturer has failed to
report such information and such amount shall be paid to
the Treasury.
``(C) <<NOTE: Penalty.>> False information.--Any
manufacturer required to submit information under
subsection (f)(2) that knowingly provides false
information is subject to a civil money penalty in an
amount not to exceed $100,000 for each item of false
information. Such civil money penalties are in addition
to other penalties as may be prescribed by law.
``(D) <<NOTE: Time period. Effective
date. Applicability.>> Increasing oversight and
enforcement.--For calendar quarters beginning on or
after January 1, 2022, section 1927(b)(3)(C)(iv) shall
be applied as if--
``(i) each reference to `under this
subparagraph and subsection (c)(4)(B)(ii)(III)'
were a reference to `under this subparagraph,
subsection (c)(4)(B)(ii)(III), and subparagraphs
(A), (B), and (C) of section 1847A(d)(4)'; and
``(ii) the reference to `activities related to
the oversight and enforcement of this section and
agreements under this section' were a reference to
`activities related to the oversight and
enforcement of this section and under subsection
(f)(2) of section 1847A and subparagraphs (A),
(B), and (C) of section 1847A(d)(4) and, if
applicable, agreements under this section'.''; and
(2) <<NOTE: Determination.>> in subsection (c)(6)(A), by
striking the period at the end and inserting ``, except that,
for purposes of subsection (f)(2), the Secretary may, if the
Secretary determines appropriate, exclude repackagers of a drug
or biological from such term.''.
(c) Manufacturers With a Rebate Agreement.--
(1) In general.--Section 1927(b)(3)(A) of the Social
Security Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by adding
at the end the following new sentence: ``For <<NOTE: Time
period. Effective date.>> purposes of applying clause (iii),
for calendar quarters beginning on or after January 1, 2022, a
drug or biological described in the flush matter following such
clause includes items, services, supplies, and products that are
payable under part B of title XVIII as a drug or biological.''.
(2) Technical amendment.--Section 1927(b)(3)(A)(iii) of the
Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)(iii)) is amended
by striking ``section 1881(b)(13)(A)(ii)'' and inserting
``section 1881(b)(14)(B)''.
(d) <<NOTE: Assessment.>> Report.--Not later than January 1, 2023,
the Inspector General of the Department of Health and Human Services
shall assess and submit to Congress a report on the accuracy of average
sales price information submitted by manufacturers under section 1847A
of the Social Security Act (42 U.S.C. 1395w-3a), including the extent to
which manufacturers provide false information, misclassify drug
products, or misreport information. Such <<NOTE: Recommenda- tions.>>
report shall include any recommendations on how to improve the accuracy
of such information.
[[Page 134 STAT. 2998]]
SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS
FOR KIDNEY TRANSPLANT PATIENTS AND OTHER
RENAL DIALYSIS PROVISIONS.
(a) Medicare Entitlement to Immunosuppressive Drugs for Kidney
Transplant Recipients.--
(1) In general.--Section 226A(b)(2) of the Social Security
Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except
for eligibility for enrollment under part B solely for purposes
of coverage of immunosuppressive drugs described in section
1861(s)(2)(J))'' before ``, with the thirty-sixth month''.
(2) Individuals eligible only for coverage of
immunosuppressive drugs.--
(A) In general.--Section 1836 of the Social Security
Act (42 U.S.C. 1395o) is amended--
(i) by striking ``Every'' and inserting ``(a)
In General.--Every''; and
(ii) by adding at the end the following new
subsection:
``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
``(1) <<NOTE: Termination date.>> In general.--Except as
provided under paragraph (2), every individual whose entitlement
to insurance benefits under part A ends (whether before, on, or
after January 1, 2023) by reason of section 226A(b)(2) is
eligible to enroll or to be deemed to have enrolled in the
medical insurance program established by this part solely for
purposes of coverage of immunosuppressive drugs in accordance
with section 1837(n).
``(2) Exception if other coverage is available.--
``(A) <<NOTE: Determination.>> In general.--An
individual described in paragraph (1) shall not be
eligible for enrollment in the program for purposes of
coverage described in such paragraph with respect to any
period in which the individual, as determined in
accordance with subparagraph (B)--
``(i) is enrolled in a group health plan or
group or individual health insurance coverage, as
such terms are defined in section 2791 of the
Public Health Service Act;
``(ii) is enrolled for coverage under the
TRICARE for Life program under section 1086(d) of
title 10, United States Code;
``(iii) is enrolled under a State plan (or
waiver of such plan) under title XIX and is
eligible to receive benefits for immunosuppressive
drugs described in this subsection under such plan
(or such waiver);
``(iv) is enrolled under a State child health
plan (or waiver of such plan) under title XXI and
is eligible to receive benefits for such drugs
under such plan (or such waiver); or
``(v)(I) is enrolled in the patient enrollment
system of the Department of Veterans Affairs
established and operated under section 1705 of
title 38, United States Code;
``(II) is not required to enroll under section
1705 of such title to receive immunosuppressive
drugs described in this subsection; or
``(III) is otherwise eligible under a
provision of title 38, United States Code, other
than section 1710
[[Page 134 STAT. 2999]]
of such title to receive immunosuppressive drugs
described in this subsection.
``(B) Eligibility determinations.--
``(i) <<NOTE: Coordination.>> In general.--
The Secretary, in coordination with the
Commissioner of Social Security, shall establish a
process for determining whether an individual
described in paragraph (1) who is to be enrolled
or deemed to be enrolled in the medical insurance
program described in such paragraph meets the
requirements for such enrollment under this
subsection, including the requirement that the
individual not be enrolled in other coverage as
described in subparagraph (A).
``(ii) Attestation regarding other coverage.--
The process established under clause (i) shall
include, at a minimum, a requirement that--
``(I) the individual provide to the
Commissioner an attestation that the
individual is not enrolled and does not
expect to enroll in such other coverage;
and
``(II) <<NOTE: Notification. Deadline.>>
the individual notify the Commissioner
within 60 days of enrollment in such
other coverage.''.
(B) Conforming amendment.--
(i) In general.--Sections 1837, 1838, and 1839
of the Social Security Act (42 U.S.C. 1395p, 42
U.S.C. 1395q, 42 U.S.C. 1395r) are each amended by
striking ``1836'' and inserting ``1836(a)'' each
place it appears.
(ii) Additional amendment.--Section 1837(j)(1)
of such Act (42 U.S.C. 1395p(j)(1)) is amended by
striking ``1836(1)'' and inserting ``1836(a)(1)''.
(b) Enrollment for Individuals Only Eligible for Coverage of
Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42
U.S.C. 1395p), as amended by section 120, is amended by adding at the
end the following new subsection:
``(n)(1) <<NOTE: Regulation.>> Any individual who is eligible for
coverage of immunosuppressive drugs under section 1836(b) may enroll or
be deemed to have enrolled only in such manner and form as may be
prescribed by regulations, and only during an enrollment period
described in this subsection.
``(2) An individual described in paragraph (1) whose entitlement for
hospital insurance benefits under part A ends by reason of section
226A(b)(2) prior to January 1, 2023, may enroll beginning on October 1,
2022, or the day on which the individual first satisfies section
1836(b), whichever is later.
``(3) <<NOTE: Termination date.>> An individual described in
paragraph (1) whose entitlement for hospital insurance benefits under
part A ends by reason of section 226A(b)(2) on or after January 1, 2023,
shall be deemed to have enrolled in the medical insurance program
established by this part for purposes of coverage of immunosuppressive
drugs.
``(4) The Secretary shall establish a process under which an
individual described in paragraph (1) whose other coverage described in
section 1836(b)(2)(A), or coverage under this part (including the
medical insurance program established under this part for purposes of
coverage of immunosuppressive drugs), is terminated voluntarily or
involuntary may enroll or reenroll, if applicable,
[[Page 134 STAT. 3000]]
in the medical insurance program established under this part for
purposes of coverage of immunosuppressive drugs.''.
(c) Coverage Period for Individuals Only Eligible for Coverage of
Immunosuppressive Drugs.--
(1) In general.--Section 1838 of the Social Security Act (42
U.S.C. 1395q), as amended by section 120, is further amended by
adding at the end the following new subsection:
``(h) <<NOTE: Applicability.>> In the case of an individual
described in section 1836(b)(1), the following rules shall apply:
``(1) <<NOTE: Effective date.>> In the case of such an
individual who is deemed to have enrolled in part B for coverage
of immunosuppressive drugs under section 1837(n)(3), such
individual's coverage period shall begin on the first day of the
month in which the individual first satisfies section 1836(b).
``(2) <<NOTE: Effective date.>> In the case of such an
individual who enrolls (or reenrolls, if applicable) in part B
for coverage of immunosuppressive drugs under paragraph (2) or
(4) of section 1837(n), such individual's coverage period shall
begin on January 1, 2023, or the month following the month in
which the individual so enrolls (or reenrolls), whichever is
later.
``(3) The provisions of subsections (b) and (d) shall apply
with respect to an individual described in paragraph (1) or (2).
``(4) In addition to the reasons for termination under
subsection (b), the coverage period of an individual described
in paragraph (1) or (2) shall end when the individual becomes
entitled to benefits under this title under subsection (a) or
(b) of section 226, or under section 226A, or is no longer
eligible for such coverage as a result of the application of
section 1836(b)(2).
``(5) The Secretary may conduct public education activities
to raise awareness of the availability of more comprehensive,
individual health insurance coverage (as defined in section 2791
of the Public Health Service Act) for individuals eligible under
section 1836(b) to enroll or to be deemed enrolled in the
medical insurance program established under this part for
purposes of coverage of immunosuppressive drugs.''.
(2) Conforming amendments.--Section 1838(b) of the Social
Security Act (42 U.S.C. 1395q(b)) is amended, in the matter
following paragraph (2), by inserting ``or section 1837(n)(3)''
after ``section 1837(f)'' each place it appears.
(d) Premiums for Individuals Only Eligible for Coverage of
Immunosuppressive Drugs.--
(1) In general.--Section 1839 of the Social Security Act (42
U.S.C. 1395r), as amended by section 120, is further amended--
(A) in subsection (b), by adding at the end the
following new sentence: ``No increase in the premium
shall be effected for individuals who are enrolled
pursuant to section 1836(b) for coverage only of
immunosuppressive drugs.''; and
(B) by adding at the end the following new
subsection:
``(j) Determination of Premium for Individuals Only Eligible for
Coverage of Immunosuppressive Drugs.--The <<NOTE: Effective
dates. Regulations.>> Secretary shall, during September of each year
(beginning with 2022), determine and promulgate a monthly premium rate
for the succeeding calendar year for individuals enrolled only for the
purpose of coverage of immunosuppressive drugs under section 1836(b).
[[Page 134 STAT. 3001]]
Such premium shall be equal to 15 percent of the monthly actuarial rate
for enrollees age 65 and over (as would be determined in accordance with
subsection (a)(1) if the reference to `one-half' in such subsection were
a reference to `100 percent') for that succeeding calendar year. The
monthly premium of each individual enrolled for coverage of
immunosuppressive drugs under section 1836(b) for each month shall be
the amount promulgated in this subsection. In the case of such
individual not otherwise enrolled under this part, such premium shall be
in lieu of any other monthly premium applicable under this section. Such
amount shall be adjusted in accordance with subsections (c), (f), and
(i), but shall not be adjusted under subsection (b).''.
(2) Special rule for application of hold harmless provisions
to transitioning individuals.--Section 1839(f) of the Social
Security Act (42 U.S.C. 1395r(f)) is amended by adding at the
end the following new sentence: ``Any increase in the premium
for an individual who was enrolled under section 1836(b)
attributable to such individual otherwise enrolling under this
part shall not be taken into account in applying this
subsection.''.
(3) Special rule for application of premium subsidy
reduction provisions.--Section 1839(i)(3)(A)(ii)(II) of the
Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is
amended by inserting ``(or, with respect to an individual
enrolled under section 1836(b) and not otherwise enrolled under
this part, 0 times the amount of such increase)'' after ``in the
year''.
(e) Government Contribution.--Section 1844(a) of the Social Security
Act (42 U.S.C. 1395w(a)) is amended--
(1) in paragraph (3), by striking the period at the end and
inserting ``; plus'';
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) a Government contribution equal to the estimated
aggregate reduction in premiums payable under part B that
results from establishing the premium at 15 percent of the
actuarial rate (as would be determined in accordance with
section 1839(a)(1) if the reference to `one-half' in such
section were a reference to `100 percent') under section 1839(j)
instead of 25 percent of such rate (as so determined) for
individuals enrolled only for the purpose of coverage of
immunosuppressive drugs under section 1836(b).''; and
(3) by adding the following sentence at the end of the flush
matter following paragraph (4), as added by paragraph (2) of
this subsection:
``The Government contribution under paragraph (4) shall be
treated as premiums payable and deposited for purposes of
subparagraphs (A) and (B) of paragraph (1).''.
(f) Ensuring Coverage Under the Medicare Savings Program.--
(1) In general.--Section 1905(p)(1)(A) of the Social
Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting
``or who is enrolled under part B for the purpose of coverage of
immunosuppressive drugs under section 1836(b)'' after ``under
section 1818A)''.
(2) Conforming amendments.--Section 1902(a)(10)(E) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended in
each of clauses (iii) and (iv) by inserting ``(including such
[[Page 134 STAT. 3002]]
individuals enrolled under section 1836(b))'' after ``section
1905(p)(1)''.
(g) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act (42
U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not including
an individual enrolled solely for coverage of immunosuppressive drugs
under section 1836(b))'' before the period at the end.
(h) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States (in
this subsection referred to as the ``Comptroller General'')
shall conduct a study on the implementation of coverage of
immunosuppressive drugs for kidney transplant patients under the
Medicare program pursuant to the provisions of, and amendments
made by, this section.
(2) <<NOTE: Recommenda- tions. Determination.>> Report.--
Not later than January 1, 2025, the Comptroller General shall
submit to Congress a report on the study conducted under
paragraph (1), together with recommendations as the Comptroller
General determines appropriate.
SEC. 403. PERMITTING DIRECT PAYMENT TO PHYSICIAN ASSISTANTS UNDER
MEDICARE.
Section 1842(b)(6)(C) of the Social Security Act (42 U.S.C.
1395u(b)(6)(C)) is amended, in the matter preceding clause (i), by
inserting ``for such services furnished before January 1, 2022,'' after
``1861(s)(2)(K),''.
SEC. 404. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2025'' and inserting
``2030''; and
(2) in clause (iii), by striking ``2025'' and inserting
``2030''.
SEC. 405. SPECIAL RULE FOR DETERMINATION OF ASP IN CASES OF
CERTAIN NONCOVERED SELF-ADMINISTERED
DRUG
PRODUCTS.
Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following:
``(g) Payment Adjustment for Certain Drugs for Which There Is a
Self-administered NDC.--
``(1) <<NOTE: Determination.>> OIG studies.--The Inspector
General of the Department of Health and Human Services shall
conduct periodic studies to identify National Drug Codes for
drug or biological products that are self-administered for which
payment may not be made under this part because such products
are not covered pursuant to section 1861(s)(2) and which the
Inspector General determines (based on the same or similar
methodologies to the methodologies used in the final
recommendation followup report of the Inspector General
described in paragraph (3) or in the November 2017 final report
of the Inspector General entitled `Excluding Noncovered Versions
When Setting Payment for Two Part B Drugs Would Have Resulted in
Lower Drug Costs for Medicare and its Beneficiaries') should be
excluded from the determination of the payment amount under this
section.
[[Page 134 STAT. 3003]]
``(2) <<NOTE: Applicability.>> Payment adjustment.--If the
Inspector General identifies a National Drug Code for a drug or
biological product under paragraph (1), the Inspector General
shall inform the Secretary (at such times as the Secretary may
specify to carry out this paragraph) and the Secretary shall, to
the extent the Secretary deems appropriate, apply as the amount
of payment under this section for the applicable billing and
payment code the lesser of--
``(A) the amount of payment that would be determined
under this section for such billing and payment code if
such National Drug Code for such product so identified
under paragraph (1) were excluded from such
determination; or
``(B) the amount of payment otherwise determined
under this section for such billing and payment code
without application of this subsection.
``(3) <<NOTE: Recommenda-tion. Effective date.>>
Application to certain identified products.--In the case of a
National Drug Code for a drug or biological product that is
self-administered for which payment is not made under this part
because such product is not covered pursuant to section
1861(s)(2) that was identified by the Inspector General of the
Department of Health and Human Services in the final
recommendation followup report of the Inspector General
published July 2020, entitled Loophole in Drug Payment Rule
Continues To Cost Medicare and Beneficiaries Hundreds of
Millions of Dollars, beginning July 1, 2021, the amount of
payment under this section for the applicable billing and
payment code shall be the lesser of--
``(A) the amount of payment that would be determined
under this section for such billing and payment code if
such National Drug Code for such drug or biological
products so identified were excluded from such
determination; or
``(B) the amount of payment otherwise determined
under this section for such billing and payment code
without application of this subsection.''.
SEC. 406. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
1(b)(3)(A)), as amended by section 1303 of the Further Continuing
Appropriations Act, 2021, and Other Extensions Act, is amended by
striking `` $3,464,000,000'' and inserting `` $0''.
SEC. 407. ESTABLISHING HOSPICE PROGRAM SURVEY AND ENFORCEMENT
PROCEDURES UNDER THE MEDICARE PROGRAM.
(a) Survey and Enforcement Procedures.--
(1) In general.--Part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.) is amended by adding at
the end the following new section:
``SEC. 1822. <<NOTE: 42 USC 1395i-6.>> HOSPICE PROGRAM SURVEY AND
ENFORCEMENT PROCEDURES.
``(a) Surveys.--
``(1) <<NOTE: Determination.>> Frequency.--Any entity that
is certified as a hospice program (as defined in section
1861(dd)(2)) shall be subject to a standard survey by an
appropriate State or local survey agency, or an approved
accreditation agency, as determined by the Secretary, not less
frequently than once every 36 months.
[[Page 134 STAT. 3004]]
``(2) Public transparency of survey and certification
information.--
``(A) Submission of information to the secretary.--
``(i) <<NOTE: Determination.>> In general.--
Each State or local survey agency, and each
national accreditation body with respect to which
the Secretary has made a finding under section
1865(a) respecting the accreditation of a hospice
program by such body, shall submit, in a form and
manner, and at a time, specified by the Secretary
for purposes of this paragraph, information
respecting any survey or certification made with
respect to a hospice program by such survey agency
or body, as applicable. Such <<NOTE: Reports.>>
information shall include any inspection report
made by such survey agency or body with respect to
such survey or certification, any enforcement
actions taken as a result of such survey or
certification, and any other information
determined appropriate by the Secretary.
``(ii) <<NOTE: Effective date.>> Required
inclusion of specified form.--With respect to a
survey under this subsection carried out by a
national accreditation body described in clause
(i) on or after October 1, 2021, information
described in such clause shall include Form CMS-
2567 (or a successor form), along with such
additional information determined appropriate by
such body.
``(B) <<NOTE: Effective date. Public
information. Web posting.>> Public disclosure of
information.--Beginning not later than October 1, 2022,
the Secretary shall publish the information submitted
under subparagraph (A) on the public website of the
Centers for Medicare & Medicaid Services in a manner
that is prominent, easily accessible, readily
understandable, and searchable. The <<NOTE: Update.>>
Secretary shall provide for the timely update of such
information so published.
``(3) Consistency of surveys.--Each State and the Secretary
shall implement programs to measure and reduce inconsistency in
the application of survey results among surveyors.
``(4) Survey teams.--
``(A) <<NOTE: Effective date.>> In general.--In the
case of a survey conducted under this subsection on or
after October 1, 2021, by more than 1 individual, such
survey shall be conducted by a multidisciplinary team of
professionals (including a registered professional
nurse).
``(B) <<NOTE: Effective date.>> Prohibition of
conflicts of interest.--Beginning October 1, 2021, a
State may not use as a member of a survey team under
this subsection an individual who is serving (or has
served within the previous 2 years) as a member of the
staff of, or as a consultant to, the program surveyed
respecting compliance with the requirements of section
1861(dd) or who has a personal or familial financial
interest in the program being surveyed.
``(C) <<NOTE: Deadline.>> Training.--The Secretary
shall provide, not later than October 1, 2021, for the
comprehensive training of State and Federal surveyors,
and any surveyor employed by a national accreditation
body described in paragraph (2)(A)(i), in the conduct of
surveys under this subsection, including training with
respect to the review of written
[[Page 134 STAT. 3005]]
plans for providing hospice care (as described in
section 1814(a)(7)(B)). No individual shall serve as a
member of a survey team with respect to a survey
conducted on or after such date unless the individual
has successfully completed a training and testing
program in survey and certification techniques that has
been approved by the Secretary.
``(5) <<NOTE: Transfer authority.>> Funding.--The Secretary
shall provide for the transfer, from the Federal Hospital
Insurance Trust Fund under section 1817 to the Centers for
Medicare & Medicaid Services Program Management Account, of
$10,000,000 for each fiscal year (beginning with fiscal year
2022) for purposes of carrying out this subsection and
subsection (b). Sums so transferred shall remain available until
expended. Any transfer pursuant to this paragraph shall be in
addition to any transfer pursuant to section 3(a)(2) of the
Improving Medicare Post-Acute Care Transformation Act of 2014.
``(b) Special Focus Program.--
``(1) In general.--The Secretary shall conduct a special
focus program for enforcement of requirements for hospice
programs that the Secretary has identified as having
substantially failed to meet applicable requirements of this
Act.
``(2) Periodic surveys.--Under such special focus program,
the Secretary shall conduct surveys of each hospice program in
the special focus program not less than once every 6 months.
``(c) <<NOTE: Determinations.>> Enforcement.--
``(1) Situations involving immediate jeopardy.--If the
Secretary determines on the basis of a standard survey or
otherwise that a hospice program that is certified for
participation under this title is no longer in compliance with
the requirements specified in section 1861(dd) and determines
that the deficiencies involved immediately jeopardize the health
and safety of the individuals to whom the program furnishes
items and services, the Secretary shall take immediate action to
ensure the removal of the jeopardy and correction of the
deficiencies or terminate the certification of the program, and
may provide, in addition, for 1 or more of the other remedies
described in paragraph (5)(B).
``(2) <<NOTE: Time period.>> Situations not involving
immediate jeopardy.--If the Secretary determines on the basis of
a standard survey or otherwise that a hospice program that is
certified for participation under this title is no longer in
compliance with the requirements specified in section 1861(dd)
and determines that the deficiencies involved do not immediately
jeopardize the health and safety of the individuals to whom the
program furnishes items and services, the Secretary may (for a
period not to exceed 6 months) impose remedies developed
pursuant to paragraph (5)(A), in lieu of terminating the
certification of the program. <<NOTE: Termination.>> If, after
such a period of remedies, the program is still no longer in
compliance with such requirements, the Secretary shall terminate
the certification of the program.
``(3) Penalty for previous noncompliance.--If the Secretary
determines that a hospice program that is certified for
participation under this title is in compliance with the
requirements specified in section 1861(dd) but, as of a previous
period, did not meet such requirements, the Secretary may
provide for a civil money penalty under paragraph (5)(B)(i) for
the
[[Page 134 STAT. 3006]]
days in which the Secretary finds that the program was not in
compliance with such requirements.
``(4) <<NOTE: Time period.>> Option to continue payments
for noncompliant hospice programs.--The Secretary may continue
payments under this title with respect to a hospice program not
in compliance with the requirements specified in section
1861(dd) over a period of not longer than 6 months, if--
``(A) the State or local survey agency finds that it
is more appropriate to take alternative action to assure
compliance of the program with such requirements than to
terminate the certification of the program;
``(B) the program has submitted a plan and timetable
for corrective action to the Secretary for approval and
the Secretary approves the plan of corrective action;
and
``(C) the program agrees to repay to the Federal
Government payments received under this title during
such period if the corrective action is not taken in
accordance with the approved plan and timetable.
The <<NOTE: Guidelines.>> Secretary shall establish guidelines
for approval of corrective actions requested by hospice programs
under this paragraph.
``(5) Remedies.--
``(A) Development.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than October 1, 2022, the Secretary shall
develop and implement--
``(I) a range of remedies to apply
to hospice programs under the conditions
described in paragraphs (1) through (4);
and
``(II) <<NOTE: Procedures.>>
appropriate procedures for appealing
determinations relating to the
imposition of such remedies.
Remedies developed pursuant to the preceding
sentence shall include the remedies specified in
subparagraph (B).
``(ii) <<NOTE: Deadline. Procedures.>>
Conditions of imposition of remedies.--Not later
than October 1, 2022, the Secretary shall develop
and implement specific procedures with respect to
the conditions under which each of the remedies
developed under clause (i) is to be applied,
including the amount of any fines and the severity
of each of these remedies. Such procedures shall
be designed so as to minimize the time between
identification of deficiencies and imposition of
these remedies and shall provide for the
imposition of incrementally more severe fines for
repeated or uncorrected deficiencies.
``(B) Specified remedies.--The remedies specified in
this subparagraph are the following:
``(i) Civil money penalties in an amount not
to exceed $10,000 for each day of noncompliance by
a hospice program with the requirements specified
in section 1861(dd).
``(ii) <<NOTE: Determination.>> Suspension of
all or part of the payments to which a hospice
program would otherwise be entitled under this
title with respect to items and services furnished
by a hospice program on or after the date on which
the Secretary determines that remedies
[[Page 134 STAT. 3007]]
should be imposed pursuant to paragraphs (1) and
(2).
``(iii) The appointment of temporary
management to oversee the operation of the hospice
program and to protect and assure the health and
safety of the individuals under the care of the
program while improvements are made in order to
bring the program into compliance with all such
requirements.
``(C) Procedures.--
``(i) Civil money penalties.--
``(I) <<NOTE: Applicability.>> In
general.--Subject to subclause (II), the
provisions of section 1128A (other than
subsections (a) and (b)) shall apply to
a civil money penalty under this
subsection in the same manner as such
provisions apply to a penalty or
proceeding under section 1128A(a).
``(II) Retention of amounts for
hospice program improvements.--The
Secretary may provide that any portion
of civil money penalties collected under
this subsection may be used to support
activities that benefit individuals
receiving hospice care, including
education and training programs to
ensure hospice program compliance with
the requirements of section 1861(dd).
``(ii) <<NOTE: Termination.>> Suspension of
payment.--A finding to suspend payment under
subparagraph (B)(ii) shall terminate when the
Secretary finds that the program is in substantial
compliance with all requirements of section
1861(dd).
``(iii) <<NOTE: Determination.>> Temporary
management.--The temporary management under
subparagraph (B)(iii) shall not be terminated
until the Secretary has determined that the
program has the management capability to ensure
continued compliance with all the requirements
referred to in such subparagraph.
``(D) Relationship to other remedies.--The remedies
developed under subparagraph (A) are in addition to
sanctions otherwise available under State or Federal law
and shall not be construed as limiting other remedies,
including any remedy available to an individual at
common law.''.
(2) Availability of hospice accreditation surveys.--Section
1865(b) of the Social Security Act (42 U.S.C. 1395bb(b)) is
amended by inserting ``or, beginning on the date of the
enactment of the Consolidated Appropriations Act, 2021, a
hospice program'' after ``home health agency''.
(3) State provision of hospice program information.--
(A) In general.--Section 1864(a) of the Social
Security Act (42 U.S.C. 1395aa(a)) is amended in the
sixth sentence--
(i) by inserting ``and hospice programs''
after ``information on home health agencies'';
(ii) by inserting ``or the hospice program''
after ``the home health agency'';
(iii) by inserting ``or the hospice program''
after ``with respect to the agency''; and
(iv) by inserting ``and hospice programs''
after ``with respect to home health agencies''.
[[Page 134 STAT. 3008]]
(B) <<NOTE: Applicability. 42 USC 1395aa note.>>
Effective date.--The amendments made by subparagraph (A)
shall apply with respect to agreements entered into on
or after, or in effect as of, the date that is 1 year
after the date of the enactment of this Act.
(4) Conforming amendments.--
(A) Definition of a hospice program.--Section
1861(dd)(4) of the Social Security Act (42 U.S.C.
1395x(dd)(4)) is amended by striking subparagraph (C).
(B) Continuation of funding.--Section 3(a)(2) of the
Improving Medicare Post-Acute Care Transformation Act of
2014 is amended by inserting ``and section 1822(a)(1) of
such Act,'' after ``as added by paragraph (1),''.
(b) Increasing Payment Reductions for Failure to Meet Quality Data
Reporting Requirements.--Section 1814(i)(5)(A)(i) of the Social Security
Act (42 U.S.C. 1395f(i)(5)(A)(i)) is amended by inserting ``(or, for
fiscal year 2024 and each subsequent fiscal year, 4 percentage points)''
before the period.
(c) <<NOTE: Analysis.>> Report.--Not later than 36 months after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report containing an analysis of the
effects of the amendments made by subsection (a), including the
frequency of application of remedies specified in section 1822(c)(5)(B)
of the Social Security Act (as added by such subsection), on access to,
and quality of, care furnished by hospice programs under part A of title
XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
SEC. 408. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking `` $0'' and inserting ``
$165,000,000''.
TITLE V--MISCELLANEOUS
SEC. 501. IMPLEMENTATION FUNDING.
For purposes of carrying out the provisions of, and the amendments
made by, titles I, II, and IV, in addition to any funds otherwise made
available, there are appropriated from amounts in the Treasury not
otherwise appropriated, $37,000,000 to the Centers for Medicare &
Medicaid Services Program Management Account for fiscal year 2021, to
remain available until expended.
DIVISION DD--MONTANA <<NOTE: Montana Water Rights Protection Act. Native
Americans.>> WATER RIGHTS PROTECTION ACT
SEC. 1. <<NOTE: 25 USC 5301 note.>> SHORT TITLE.
This division may be cited as the ``Montana Water Rights Protection
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana, and in
recognition of article I, and section 3 of article IX, of the
Montana State Constitution for--
[[Page 134 STAT. 3009]]
(A) the Confederated Salish and Kootenai Tribes of
the Flathead Indian Reservation; and
(B) the United States, for the benefit of the Tribes
and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Tribes and the State, to the extent
that the Compact is consistent with this Act;
(3) to authorize and direct the Secretary of the Interior--
(A) to execute the Compact; and
(B) to take any other action necessary to carry out
the Compact in accordance with this Act; and
(4) to authorize funds necessary for the implementation of--
(A) the Compact; and
(B) this Act.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) Allottee.--The term ``allottee'' means an individual who
holds a beneficial real property interest in an allotment of
Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Bison.--The term ``bison'' means North American plains
bison.
(3) Compact.--The term ``Compact'' means--
(A) the water rights compact entered into and
ratified, as applicable, by the Confederated Salish and
Kootenai Tribes, the State, and the United States, as
contained in section 85-20-1901 of the Montana Code
Annotated (2019), including--
(i) any appendix or exhibit to that compact;
and
(ii) any modifications authorized by that
compact; and
(B) any amendment to the compact referred to in
subparagraph (A) (including an amendment to an appendix
or exhibit) that is--
(i) executed to ensure that the Compact is
consistent with this Act; or
(ii) otherwise authorized by the Compact and
this Act.
(4) Enforceability date.--The term ``enforceability date''
means the date described in section 10(b).
(5) Flathead indian irrigation project.--
(A) In general.--The term ``Flathead Indian
irrigation project'' means the Federal irrigation
project developed by the United States to irrigate land
within the Reservation pursuant to--
(i) the Act of April 23, 1904 (33 Stat. 302,
chapter 1495); and
(ii) the Act of May 29, 1908 (35 Stat. 444,
chapter 216).
(B) Inclusions.--The term ``Flathead Indian
irrigation project'' includes--
(i) all land and any reservoir, easement,
right-of-way, canal, ditch, lateral, or any other
facility of
[[Page 134 STAT. 3010]]
the project referred to in subparagraph (A)
(regardless of location on or off the
Reservation); and
(ii) any headgate, pipeline, pump, building,
heavy equipment, vehicle, supplies, record, copy
of a record, or any other physical, tangible
object of real or personal property used in the
management and operation of the project referred
to in subparagraph (A).
(6) Hungry horse dam.--The term ``Hungry Horse Dam'' means
the dam that is a part of the Hungry Horse Project.
(7) Hungry horse project.--The term ``Hungry Horse Project''
means the project authorized to be carried out by the Secretary
under the Act of June 5, 1944 (43 U.S.C. 593a et seq.).
(8) Hungry horse reservoir.--The term ``Hungry Horse
Reservoir'' means the reservoir that is a part of the Hungry
Horse Project.
(9) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(10) Law of administration.--The term ``Law of
Administration'' means the Unitary Administration and Management
Ordinance, as set forth in Appendix 4 to the Compact.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--
(A) In general.--The term ``State'' means the State
of Montana.
(B) Inclusions.--The term ``State'' includes all
officers, agencies, departments, and political
subdivisions of the State.
(13) Tribal water right.--The term ``Tribal Water Right''
means the water right of the Tribes, as established in--
(A) the Compact; and
(B) this Act.
(14) Tribes.--
(A) In general.--The term ``Tribes'' means the
Confederated Salish and Kootenai Tribes of the Flathead
Reservation of Montana.
(B) Inclusions.--The term ``Tribes'' includes all
officers, agencies, and departments of the Tribes.
(15) Trust fund.--The term ``Trust Fund'' means the Selis-
Qlispe Ksanka Settlement Trust Fund established under section
8(a).
(b) Definitions of Certain Terms.--Any term used but not defined in
this Act, including the terms ``Existing Use'', ``Historic Farm
Deliveries'', ``Instream Flow'', ``Minimum Reservoir Pool Elevations'',
and ``Reservation'', shall have the meaning given the term in article II
of the Compact.
SEC. 4. RATIFICATION OF COMPACT.
(a) Ratification.--
(1) In general.--As modified by this Act, the Compact is
authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is authorized,
ratified, and confirmed, to the extent that such an amendment--
[[Page 134 STAT. 3011]]
(A) is executed to ensure that the Compact is
consistent with this Act; or
(B)(i) is approved by the Secretary;
(ii) concerns nonmonetary matters; and
(iii) does not affect the water rights of the Tribes
determined in the Compact, or any other property held in
trust by the United States on behalf of the Tribes or
allottees.
(3) Modifications.--Nothing in this Act--
(A) precludes the Secretary from approving a
modification to the Compact, including an appendix or
exhibit to the Compact, that is consistent with this
Act; or
(B) authorizes amendments or modifications that
otherwise require congressional approval under--
(i) section 2116 of the Revised Statutes (25
U.S.C. 177); or
(ii) any other applicable Federal law.
(b) Execution.--To the extent that the Compact does not conflict
with this Act, the Secretary shall execute the Compact, including all
exhibits to, appendices to, and parts of the Compact requiring the
signature of the Secretary.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this Act,
the Secretary and the Tribes shall ensure compliance with--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) all other applicable environmental laws
(including regulations).
(2) Performance of compliance activities.--The Secretary and
the Tribes shall perform appropriate Federal environmental
compliance activities relating to any activity undertaken by the
Secretary or Tribes pursuant to this Act prior to commencement
of that activity.
(3) Effect of execution.--
(A) In general.--The execution of the Compact by the
Secretary under this section shall not constitute a
major Federal action for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Compliance.--The Secretary shall ensure
compliance with all Federal laws and regulations
necessary to implement the Compact and this Act.
(d) Public Availability.--As provided in articles IV.I.b (relating
to hearings), IV.I.c (relating to the employment of a water engineer),
and IV.I.7.e (relating to Board records) of the Compact, and in
recognition of section 9 of article II of the Montana State
Constitution, all records of the Flathead Reservation Water Management
Board and the Water Engineer employed by the Board shall be open to
public inspection.
SEC. 5. TRIBAL WATER RIGHT.
(a) Intent of Congress.--It is the intent of Congress to provide to
each allottee benefits that are equivalent to, or that exceed, the
benefits possessed by allottees on the day before the date of enactment
of this Act, taking into consideration--
[[Page 134 STAT. 3012]]
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and this
Act;
(2) the availability of funding under this Act and from
other sources;
(3) the availability of water from the Tribal Water Right;
and
(4) the applicability of section 7 of the Act of February 8,
1887 (25 U.S.C. 381), and this Act to protect the interests of
allottees.
(b) Confirmation of Tribal Water Right.--
(1) In general.--The Tribal Water Right is ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal Water Right shall be subject
to the terms and conditions of--
(A) the Compact; and
(B) this Act.
(3) Conflict.--In the event of a conflict between the
Compact and this Act, the provisions of this Act shall control.
(c) Trust Status of Tribal Water Right.--The Tribal Water Right--
(1) shall be held in trust by the United States for the use
and benefit of the Tribes and allottees in accordance with this
Act; and
(2) shall not be subject to forfeiture or abandonment.
(d) Allottees.--
(1) Applicability of act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (25
U.S.C. 381), relating to the use of water for irrigation
purposes shall apply to the Tribal Water Right.
(2) Entitlements to water.--
(A) In general.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the
Tribal Water Right.
(B) Water for irrigation.--Each allottee shall be
entitled to a just and equitable allocation of water for
irrigation purposes, to be enforceable under paragraph
(3)(B).
(3) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or any other
applicable law, an allottee shall exhaust remedies
available under--
(i) the Law of Administration; or
(ii) other applicable Tribal law.
(B) Water for irrigation.--After the exhaustion of
all remedies available under the Law of Administration
or other applicable Tribal law, an allottee may seek
relief under section 7 of the Act of February 8, 1887
(25 U.S.C. 381), or other applicable law, to seek a just
and equitable allocation of water for irrigation
purposes under paragraph (2)(B).
(4) Authority of secretary.--The Secretary shall have the
authority to protect the rights of allottees in accordance with
this section.
(e) Authority of Tribes.--
[[Page 134 STAT. 3013]]
(1) In general.--The Tribes shall have the authority to
allocate, distribute, and lease the Tribal Water Right for any
use on the Reservation in accordance with--
(A) the Compact;
(B) the Law of Administration;
(C) this Act; and
(D) applicable Federal law.
(2) Off-reservation use.--The Tribes may allocate,
distribute, and lease the Tribal Water Right for off-Reservation
use in the State in accordance with the Compact, subject to the
approval of the Secretary.
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the Law
of Administration.
(f) Law of Administration.--
(1) <<NOTE: Time period.>> In general.--During the period
beginning on the date of enactment of this Act and ending on the
date on which the Law of Administration becomes effective on the
Reservation, the Secretary shall administer, with respect to the
rights of allottees, the Tribal Water Right in accordance with
this Act.
(2) Approval.--
(A) In general.--The Law of Administration is
approved.
(B) Registrations.--As provided in sections 3 and 4
of article IX of the Montana State Constitution and
section 1-1-108 of the Law of Administration, all water
rights and changes of use authorized under the Law of
Administration, including all registrations required by
sections 2-1-101 through 2-1-107, shall be provided to
the department of natural resources and conservation of
the State, to be entered into the water rights database
of the department.
(3) Amendments.--
(A) In general.--An otherwise valid amendment to the
Law of Administration that affects a right of an
allottee shall not be effective unless the amendment is
approved by the Secretary in accordance with this
subsection.
(B) Approval period.--
(i) <<NOTE: Deadline.>> In general.--Subject
to clause (ii), the Secretary shall approve or
disapprove an amendment to the Law of
Administration not later than 180 days after the
date of ratification of the amendment by the
Tribes and the State.
(ii) <<NOTE: Consultation.>> Extension.--The
deadline described in clause (i) may be extended
by the Secretary after consultation with the
Tribes.
(4) Conflict.--In the event of a conflict between the Law of
Administration and this Act, the provisions of this Act shall
control.
(g) Administration.--
(1) Alienation.--The Tribes shall not permanently alienate
any portion of the Tribal Water Right.
(2) Purchases or grants of land from indians.--An
authorization provided by this Act for an allocation,
distribution, lease, or any other arrangement shall be
considered to
[[Page 134 STAT. 3014]]
satisfy any requirement for authorization of the action by
treaty or convention under section 2116 of the Revised Statutes
(25 U.S.C. 177).
(3) Prohibition on forfeiture.--The nonuse of all, or any
portion of, the Tribal Water Right by a lessee or contractor
shall not result in the forfeiture, abandonment, relinquishment,
or other loss of all, or any portion of, the Tribal Water Right.
(h) Effect.--Except as otherwise expressly provided in this section,
nothing in this Act--
(1) authorizes any action by an allottee against any
individual or entity, or against the Tribes, under Federal,
State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.
(a) Storage Allocation to Tribes.--
(1) In general.--Subject to paragraph (2), the Secretary
shall allocate to the Tribes 90,000 acre-feet per year, as
measured at the Hungry Horse Dam, of storage water in Hungry
Horse Reservoir for use by the Tribes for any beneficial purpose
on or off the Reservation under a water right held by the United
States and managed by the Bureau of Reclamation.
(2) Limitations.--The allocation under paragraph (1) shall
be subject to--
(A) Appendix 7 to the Compact, entitled ``Flathead
Basin Tribal Depletions Study'', prepared by the Bureau
of Reclamation, and dated September 2012; and
(B) Appendix 8 to the Compact, entitled ``Hungry
Horse Reservoir, Montana: Biological Impact Evaluation
and Operational Constraints for a proposed 90,000-acre-
foot withdrawal'', prepared by the State, as revised on
September 14, 2011.
(b) Treatment.--
(1) In general.--The allocation under subsection (a) shall
be considered to be part of the Tribal Water Right.
(2) Administration.--The Tribes shall administer the water
allocated under subsection (a) in accordance with, and subject
to the limitations of, the Compact and this Act.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving the allocation
under subsection (a), the Tribes shall enter into an agreement
with the Secretary to establish the terms and conditions of the
allocation, in accordance with the Compact and this Act.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without a limit as to a
term;
(B) the Tribes, and not the United States, shall be
entitled to all consideration due to the Tribes under
any lease, contract, or agreement entered into by the
Tribes pursuant to subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Tribes as
consideration under any lease, contract, or
agreement entered into by the Tribes pursuant to
subsection (d); or
[[Page 134 STAT. 3015]]
(ii) the expenditure of those funds;
(D) if the capacity or function of any facility of
Hungry Horse Reservoir or Hungry Horse Dam is
significantly reduced, or is anticipated to be
significantly reduced, for an extended period of time,
the Tribes shall have the same storage rights as other
storage contractors with respect to the allocation under
subsection (a);
(E) the costs associated with the construction and
operation of the storage facilities at Hungry Horse
Reservoir and Hungry Horse Dam allocable to the Tribes
shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for the agreement or any water allocated under
subsection (a), regardless of whether that water is
delivered for use by the Tribes or under a lease,
contract, or by an agreement entered into by the Tribes
pursuant to subsection (d);
(G) the Tribes shall not be required to make
payments to the United States for the agreement or any
water allocated under subsection (a), except for each
acre-foot of stored water leased or transferred for
industrial purposes;
(H) for each acre-foot of stored water leased by the
Tribes for industrial purposes--
(i) the Tribes shall pay annually to the
United States an amount sufficient to cover the
proportionate share of the annual operation,
maintenance, and replacement costs for the Hungry
Horse Project allocable to that quantity of water;
and
(ii) the annual payments of the Tribes shall
be reviewed and adjusted, as appropriate, to
reflect the actual operation, maintenance, and
replacement costs for the Hungry Horse Project;
and
(I) the costs described in subparagraphs (G) and (H)
shall not apply to any lease or transfer for industrial
purposes to--
(i) any entity of the Tribes; or
(ii) any entity wholly owned by the Tribes.
(d) Agreements by Tribes.--The Tribes may use, lease, contract,
exchange, or enter into other agreements for use of the water allocated
under subsection (a) if--
(1) the water that is the subject of the agreement is used
within the Flathead Basin or the Clark Fork Basin within the
State; and
(2) the agreement does not permanently alienate any portion
of water allocated under subsection (a).
(e) <<NOTE: Contracts.>> Mitigation Water.--Notwithstanding section
5(e)(2), the Tribes shall make available for lease not more than 11,000
acre-feet per year of the water allocated under subsection (a), in
accordance with the Compact.
(f) No Carryover Storage.--The allocation under subsection (a) shall
not be increased by any year-to-year carryover storage.
(g) Development and Delivery Costs.--The United States shall not be
required to pay the cost of developing or delivering any water allocated
under subsection (a).
(h) New Uses.--Except as provided in article III.C.1.c of the
Compact, the Tribes shall not develop any new use for the allocation
[[Page 134 STAT. 3016]]
under subsection (a) until the date on which the agreement entered into
under subsection (c) takes effect.
(i) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.
(a) Purposes.--The purposes of this section are--
(1) to implement key provisions of the Compact regarding the
Tribal Water Right by authorizing and carrying out the
activities described in subsection (b) relative to components of
the Flathead Indian irrigation project, in order--
(A) to conserve water resources, enhance fish and
wildlife habitat, especially habitat of threatened and
endangered species, and improve the movement of fish
through and around Flathead Indian irrigation project
facilities;
(B) to ensure that the necessary water supplies are
provided to protect Instream Flow, Existing Uses, and
Historic Farm Deliveries;
(C) to provide for the safe and efficient storage,
delivery, and routing of water; and
(D) to dedicate the water thereby saved through
modernization and rehabilitation activities to the water
rights of the Tribes for Instream Flow and Minimum
Reservoir Pool Elevations;
(2) to require that, in carrying out the activities under
subsection (b), the Secretary and the Tribes--
(A) are guided by existing studies commissioned by
the Secretary and the Tribes that identify current
facility conditions and describe future modernization
recommendations;
(B) recognize the need to maintain flexibility and
modify the guidance provided by the studies described in
subparagraph (A), as appropriate and consistent with the
processes established and entities designated in the
Compact; and
(C) carry out all such activities that can be
accomplished in a cost-effective manner and that are
consistent with the Compact; and
(3) to ensure the prudent and knowledgeable conservation,
management, and protection of the water resources of the
Reservation through the activities described in subsection (b),
which will ensure the protection of the Reservation as the
permanent homeland of the Tribes in accordance with the treaty
between the United States and the Tribes concluded at Hell Gate
on July 16, 1855 (12 Stat. 975).
(b) Activities.--Subject to the availability of appropriations, the
Secretary, or on the request of the Tribes, the Tribes on behalf of the
Secretary under title IV of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5361 et seq.), shall in accordance with
subsection (c) carry out the following activities relating to the
Flathead Indian irrigation project:
(1) Rehabilitation and modernization.--
(A) Rehabilitation and modernization of structures,
canals, and pumping facilities, including dam safety
improvements, irrigation facility upgrades that improve
water management and operational control at irrigation
diversion works, and irrigation facility upgrades to
reduce
[[Page 134 STAT. 3017]]
losses in conveyance of water from irrigation sources of
supply to irrigation points of use, in accordance with
the Compact.
(B) Planning, design, and construction of additional
pumping facilities.
(C) Operational improvements to infrastructure
within the distribution network of the Flathead Indian
irrigation project.
(D) Reconstruction, replacement, and automation at
irrigation diversion works.
(E) Lining of open canals, and placement of open
canals in pipe.
(F) Fencing and physical project access
enhancements.
(2) Mitigation, reclamation, and restoration.--
(A) Mitigation, reclamation, and restoration of
streams, wetlands, banks, slopes, and wasteways within,
appurtenant to, or affected by the Flathead Indian
irrigation project.
(B) The installation of screens, barriers, passages,
or ladders to prevent fish entrainment in irrigation
ditches and canals within, or appurtenant to, the
Flathead Indian irrigation project.
(3) Acquisition of interests.--Acquisition of easements or
other interests in real property necessary to carry out any
activity under this section.
(c) Environmental Compliance.--
(1) In general.--Prior to the commencement of any activity
under subsection (b), the Secretary, or the Tribes if the Tribes
elect to perform the activities on behalf of the Secretary under
title IV of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5361 et seq.), shall perform
appropriate environmental, cultural, and historical compliance
activities relating to the activity, including to ensure
compliance with--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) division A of subtitle III of title 54, United
States Code (formerly known as the ``National Historic
Preservation Act'' (16 U.S.C. 470 et seq.)).
(2) Costs.--All costs associated with the performance of
compliance activities under paragraph (1) shall be paid with
funds deposited in the Trust Fund, on the condition that any
costs associated with the performance of Federal approval or
other review of such compliance work or costs associated with
inherently Federal functions shall remain the responsibility of
the Secretary.
(d) Funding.--
(1) Indian self-determination and education assistance act
compacting.--
(A) Funding authority and agreements.--
Notwithstanding any other provision of law, if the
Tribes elect to perform all activities described in
subsection (b) on behalf of the Secretary, the Secretary
shall enter into a self-governance agreement with the
Tribes under title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5361 et seq.)
covering all such activities.
[[Page 134 STAT. 3018]]
(B) Funding agreements.--The Secretary shall use
funds only from the Salish and Kootenai Compact Account
established under section 8(b)(1) for any funding
agreement, including any related contract support costs,
under which the Tribes carry out activities described in
subsection (b).
(C) <<NOTE: Deadline.>> Timing for election.--Not
later than 120 days after the date on which funds are
first appropriated for deposit in the Trust Fund, or not
later than such alternative later date as is agreed to
by the Tribes and the Secretary, the Tribes may elect to
perform all activities described in subsection (b) on
behalf of the Secretary.
(D) Applicability of isdeaa.--Any funds transferred
for use in a funding agreement under this paragraph
shall be subject to--
(i) title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5361 et
seq.); and
(ii) the self-governance agreement and funding
agreement entered into between the Tribes and the
Secretary.
(E) Relation to compact.--The Tribes and the Federal
Government--
(i) shall carry out the activities described
in subsection (b) in a manner that is consistent
with, and fulfills, the respective obligations of
the Tribes and the Federal Government under the
Compact; and
(ii) may not carry out any action pursuant to
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.) that is
inconsistent with the rights and responsibilities
under the Compact.
(F) Applicability of certain isdeaa provisions.--For
purposes of this Act--
(i) the ``annual trust evaluation'' required
under section 403(d) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5363(d)) shall monitor the performance, and
progress toward completion, of activities under
subsection (b) that the Tribes are carrying out;
(ii) the activities described in subsection
(b) shall be considered to be ``construction
programs or projects'' under section 403(e) of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5363(e)); and
(iii) <<NOTE: Requirements.>> reporting
requirements regarding planning, design, and the
use and expenditure of funds shall be negotiated
and included within a funding agreement.
(2) Secretarial performance of activities.--If the Tribes do
not elect to carry out the activities described in subsection
(b) by the deadline established under paragraph (1)(C), the
Secretary shall carry out the activities using amounts made
available under section 8(c)(3).
(3) Nonreimbursability of costs.--All costs incurred in
carrying out this section shall be nonreimbursable.
(4) Administration.--
[[Page 134 STAT. 3019]]
(A) In general.--Subject to subparagraph (B), the
Secretary and the Tribes shall negotiate the cost of any
oversight activity carried out by the Secretary under
any agreement entered into under paragraph (1)(A).
(B) Requirement.--All costs associated with an
oversight activity--
(i) shall be paid with funds deposited in the
Salish and Kootenai Compact Account established
under section 8(b)(1); and
(ii) notwithstanding subsection (c), may
include costs associated with review or approval
of environmental compliance work and related
Federal functions.
(C) Limitation on cost.--The total cost described in
subparagraph (A) shall not exceed 3 percent of the total
project costs for each project.
(e) Treatment.--Any activities carried out pursuant to subsection
(b) that result in improvements, additions, or modifications to the
Flathead Indian irrigation project, including the acquisition of any
real property interest, shall--
(1) become a part of the Flathead Indian irrigation project;
and
(2) be recorded in the inventory of the Secretary relating
to the Flathead Indian irrigation project.
(f) Easements and Rights-of-way.--
(1) Tribal easements and rights-of-way.--
(A) In general.--On request of the Secretary, the
Tribes shall grant, at no cost to the United States,
such easements and rights-of-way over Tribal land as are
necessary for construction relating to an activity under
this section.
(B) Jurisdiction.--An easement or right-of-way
granted by the Tribes pursuant to subparagraph (A) shall
not affect in any respect the civil or criminal
jurisdiction of the Tribes over the easement or right-
of-way.
(2) Landowner easements and rights-of-way.--In partial
consideration for the construction activities associated with
the rehabilitation and modernization of the Flathead Indian
irrigation project authorized by this section, and as a
condition of receiving service from the Flathead Indian
irrigation project, a willing landowner shall confirm or grant,
at no cost to the United States or the Tribes, such easements
and rights-of-way over the land of the landowner as may be
necessary for--
(A) an activity authorized by this section; or
(B) access to and operation and maintenance of--
(i) the Flathead Indian irrigation project; or
(ii) the Mission Valley Power Project.
(3) Condemnation not authorized.--Nothing in this section
authorizes the Secretary to condemn interests in land for the
Flathead Indian irrigation project.
(g) Land Acquired by United States or Tribes.--Any land acquired
within the boundaries of the Reservation by the United States on behalf
of the Tribes, or by the Tribes on behalf of the Tribes and conveyed to
the United States, in connection with the purposes of this section shall
be held in trust by the United States for the benefit of the Tribes.
(h) Effect.--Nothing in this section--
[[Page 134 STAT. 3020]]
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the operation
and maintenance of the Flathead Indian irrigation project; or
(2) impacts the availability of amounts under section 9.
(i) <<NOTE: Determinations.>> Water Source for Flathead Indian
Irrigation Project.--
(1) In general.--The water source for the Flathead Indian
irrigation project--
(A) shall be determined in accordance with article
II(32) of the Compact; and
(B) shall consist of--
(i) the water right set forth in article
III.C.1.a of the Compact; and
(ii) any use of water for irrigation and
incidental purposes pursuant to an applicable
water service contract.
(2) Entitlement to delivery of water.--Entitlement to
delivery of available irrigation water for assessed parcels
shall be determined in accordance with article IV.D.2 of the
Compact.
SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish in the Treasury of
the United States a trust fund, to be known as the ``Selis-Qlispe Ksanka
Settlement Trust Fund'', to be allocated, maintained, managed, invested,
and distributed by the Secretary, and to remain available until
expended, consisting of the amounts deposited in the Trust Fund under
section 9(a), together with any interest earned on those amounts, for
the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) The Salish and Kootenai Compact Account, for the uses
described in paragraphs (1) and (2) of subsection (h).
(2) The Salish and Kootenai Settlement Implementation
Account, for any use described in subsection (h).
(c) Deposits.--
(1) In general.--The Secretary shall deposit in the Trust
Fund the amounts made available pursuant to section 9(a)(1).
(2) Allocation into accounts.--
(A) In general.--Subject to subparagraph (B), each
year, the Secretary shall allocate from the Trust Fund
amounts into each of the accounts described in
paragraphs (1) and (2) of subsection (b) in such
proportions as the Secretary and the Tribes may agree.
(B) Requirement.--In any year, if the Tribes and the
Secretary are unable to agree on the amounts to be
allocated under subparagraph (A) for that year, the
Secretary shall deposit equal sums in each account.
(3) Transfer.--If the Tribes do not elect to carry out the
activities described in subsection (b) of section 7 by the
deadline described in subsection (d)(1)(C) of that section, the
Secretary, on an annual basis, shall transfer funds from the
account established under subsection (b)(1) to an appropriate
programmatic account solely for the purpose of carrying out
those activities and the activities described in section 7(c).
(d) Management and Interest.--
[[Page 134 STAT. 3021]]
(1) Management.--On receipt and deposit of the funds into
the Trust Fund, the Secretary shall manage, invest, and
distribute the amounts in accordance with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the deposits under
section 9(a), any investment earnings, including interest,
credited to the amounts in the Trust Fund shall be available for
use in accordance with subsection (h).
(e) Availability of Amounts.--
(1) In general.--Amounts deposited in the Trust Fund
(including any investment earnings) shall be made available to
the Tribes by the Secretary beginning on the enforceability
date, subject to the requirements of this Act.
(2) Use.--Notwithstanding paragraph (1), any amounts--
(A) deposited in the account described in subsection
(b)(1) or transferred to another account under
subsection (c)(3), shall be available to the Tribes or
the Secretary, as applicable, on the date on which the
amounts are deposited or transferred, for the uses
described in subsection (h)(1), in accordance with
Appendix 3.6 to the Compact; and
(B) deposited in the account described in subsection
(b)(1) shall be available to the Tribes on the date on
which the amounts are deposited for the uses described
in subsection (h)(2).
(f) Withdrawals Under AITFMRA.--
(1) In general.--The Tribes may withdraw any portion of the
amounts in the account described in subsection (b)(2) on
approval by the Secretary of a Tribal management plan submitted
by the Tribes in accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(2) Inapplicability of aitfmra.--A withdrawal from the
account described in subsection (b)(1)--
(A) shall be made only in accordance with subsection
(e) and section 7; and
(B) notwithstanding any other provision of law,
shall not be subject to the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(3) Requirements.--
(A) In general.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under paragraph (1) shall require that
the Tribes shall spend all amounts withdrawn from the
Trust Fund and any investment earnings accrued through
the investments under the Tribal management plan in
accordance with this Act.
(B) <<NOTE: Determination.>> Enforcement.--The
Secretary may carry out such judicial and administrative
actions as the Secretary determines to be necessary to
enforce the Tribal management plan to ensure that
amounts withdrawn by the Tribes
[[Page 134 STAT. 3022]]
from the Trust Fund pursuant to this subsection are used
in accordance with this Act.
(g) Effect.--Nothing in this Act provides to the Tribes the right to
judicial review of a determination by the Secretary regarding whether to
approve a Tribal management plan, except under subchapter II of chapter
5, and chapter 7 of title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(h) Uses.--The Tribes may use amounts in the Trust Fund to implement
the Compact, the Law of Administration, and this Act for the following
purposes:
(1) To carry out activities described in subsections (b) and
(c) of section 7.
(2) The administration, implementation, and management of
the Tribal Water Right and the regulation and administration of
water rights within the Reservation under this Act, the Compact,
and the Law of Administration, and such infrastructure as is
necessary to meet related programmatic needs.
(3) To implement the Tribal Water Right through
rehabilitation and improvement of agricultural Indian land
within the Reservation.
(4) To construct and rehabilitate livestock fencing on
Indian land within the Reservation.
(5) To mitigate and control noxious weeds on land within the
Reservation.
(6) To plan, design, and construct improvements to
irrigation systems on land served by the Flathead Indian
irrigation project.
(7) To install screens, barriers, passages, or ladders to
prevent fish entrainment in irrigation ditches and canals within
the Reservation.
(8) To plan, design, and construct irrigation facilities on
Indian land within the Reservation that is not served by the
Flathead Indian irrigation project.
(9) To plan, design, construct, operate, maintain, and
replace community water distribution and wastewater treatment
facilities on the Reservation.
(10) To develop geothermal water resources on Indian land
within the Reservation.
(11) To develop a cultural resources program relating to
permitting necessary to conduct the activities authorized under
this subsection (including cultural, historical, and
archeological reviews, including training and certifications)
and related infrastructure necessary to meet programmatic needs.
(12) <<NOTE: Compliance.>> To comply with Federal
environmental laws for any use authorized by this subsection.
(13) To repair, rehabilitate, or replace culverts, bridges,
and roads of the Flathead Indian irrigation project and any
public or Tribal culverts, bridges, and roads that intersect
with, or are otherwise located within, the supply and
distribution network of the Flathead Indian irrigation project.
(i) Liability.--Except with respect to amounts transferred in
accordance with section 7(d), the Secretary shall not be liable for the
expenditure or investment of any amounts withdrawn from the Trust Fund
by the Tribes under this section.
(j) Expenditure Reports.--
[[Page 134 STAT. 3023]]
(1) <<NOTE: Time period.>> In general.--Not less frequently
than annually, the Tribes shall submit to the Secretary an
expenditure report describing--
(A) the amount withdrawn from the Trust Fund under
this section; and
(B) any authorized activities resulting from the use
of a withdrawal under a Tribal management plan, in
accordance with this Act.
(2) Application.--Any amounts transferred to the Tribes
pursuant to a self-governance agreement and funding agreement
entered into between the Tribes and the Secretary under title IV
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5361 et seq.) shall not be subject to paragraph (1).
(k) OM&R Costs.--Except as otherwise provided in this Act, nothing
in this Act affects any obligation of the United States with respect to
the operation, maintenance, and repair of the Flathead Indian irrigation
project.
SEC. 9. FUNDING.
(a) Funding.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary for deposit in the Trust Fund
$1,000,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(2) Mandatory funding.--
(A) <<NOTE: Effective dates. Time period.>> In
general.--On October 1, 2020, and on each October 1
thereafter through October 1, 2029, out of any funds in
the Treasury not otherwise appropriated, the Secretary
of the Treasury shall deposit in the Trust Fund
$90,000,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(B) Availability.--Amounts deposited in the Trust
Fund under subparagraph (A) shall be available without
further appropriation.
(b) Fluctuation in Costs.--
(1) In general.--Of the amounts authorized to be
appropriated and appropriated to the Trust Fund under paragraphs
(1) and (2), respectively, of subsection (a)--
(A) $347,200,000 shall be increased or decreased, as
appropriate, by such amounts as may be justified by
reason of ordinary fluctuations in costs occurring after
the date of enactment of this Act, as indicated by the
Consumer Price Index for All Urban Consumers West Urban
50,000 to 1,500,000 index;
(B) $111,400,000 shall be increased or decreased, as
appropriate, by such amounts as may be justified by
reasons of ordinary fluctuations in costs occurring
after the date of enactment of this Act, as indicated by
the Producer Price Index for the Bureau of Labor
Statistics; and
(C) $1,441,400,000 shall be increased or decreased,
as appropriate, by such amounts as may be justified by
reason of ordinary fluctuations in costs occurring after
the date of enactment of this Act, as indicated by the
Bureau of Reclamation Construction Costs Index-Composite
Trend.
(2) Requirements for adjustment process.--The adjustment
process under this subsection shall--
[[Page 134 STAT. 3024]]
(A) take into account any agreement reached by the
Secretary and the Tribes under paragraph (4); and
(B) be repeated for each subsequent amount
appropriated for deposit in the Trust Fund until the
amount authorized to be appropriated, as so adjusted,
has been appropriated.
(3) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall end on
the date on which funds are deposited in the Trust Fund.
(4) Agreement.--Based on the activities likely to be
conducted using amounts deposited in the Trust Fund, the
Secretary and the Tribes may agree on which provisions of
paragraph (1) shall govern the fluctuation in costs to be used
in calculating the amount authorized to be appropriated under
subsection (a)(1).
(c) Limitation on Use of Reclamation Water Settlements Fund.--
Notwithstanding any other provision of law--
(1) <<NOTE: Time period.>> no amounts in the Reclamation
Water Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
may be used by the Tribes or the Secretary to carry out any
provision of this Act until the date that is 10 years after the
date of enactment of this Act; and
(2) <<NOTE: Effective date.>> effective beginning on the
date that is 10 years after that date of enactment, the total
amount used by the Tribes and the Secretary to carry out this
Act from the Reclamation Water Settlements Fund shall not exceed
an amount equal to 50 percent of the total amount in the Fund on
that date.
SEC. 10. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases.--
(1) Claims by tribes and united states as trustee for
tribes.--Subject to the reservation of rights and retention of
claims under subsection (c), as consideration for recognition of
the Tribal Water Right and other benefits described in the
Compact and this Act, the Tribes, acting on behalf of the Tribes
and members of the Tribes (but not any member of the Tribes as
an allottee), and the United States, acting as trustee for the
Tribes and the members of the Tribes (but not any member of the
Tribes as an allottee), shall execute a waiver and release with
prejudice of all claims for water rights within the State that
the Tribes, or the United States acting as trustee for the
Tribes, asserted or could have asserted in any proceeding,
including a State stream adjudication, on or before the
enforceability date, except to the extent that such a right is
recognized in the Compact and this Act.
(2) Claims by united states as trustee for allottees.--
Subject to the reservation of rights and the retention of claims
under subsection (c), as consideration for recognition of the
Tribal Water Right and other benefits described in the Compact
and this Act, the United States, acting as trustee for
allottees, shall execute a waiver and release with prejudice of
all claims for water rights within the Reservation that the
United States, acting as trustee for allottees, asserted or
could have asserted in any proceeding, including a State stream
adjudication, on
[[Page 134 STAT. 3025]]
or before the enforceability date, except to the extent that
such a right is recognized in the Compact and this Act.
(3) Claims by tribes against united states.--Subject to the
reservation of rights and retention of claims under subsection
(c), the Tribes, acting on behalf of the Tribes and members of
the Tribes (but not any member of the Tribes as an allottee),
shall execute a waiver and release with prejudice of all claims
against the United States (including any agency or employee of
the United States) first arising before the enforceability
date--
(A) relating to--
(i) water rights within the State that the
United States, acting as trustee for the Tribes,
asserted or could have asserted in any proceeding,
including the general stream adjudication in the
State, except to the extent that such rights are
recognized as part of the Tribal Water Right under
this Act;
(ii) foregone benefits from nontribal use of
water, on and off the Reservation (including water
from all sources and for all uses);
(iii) damage, loss, or injury to water, water
rights, land, or natural resources due to loss of
water or water rights (including damages, losses,
or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water
rights, claims relating to interference with,
diversion, or taking of water, or claims relating
to a failure to protect, acquire, replace, or
develop water, water rights, or water
infrastructure) within the State;
(iv) a failure to establish or provide a
municipal, rural, or industrial water delivery
system on the Reservation;
(v) damage, loss, or injury to water, water
rights, land, or natural resources due to
construction, operation, and management of the
Flathead Indian irrigation project and other
Federal land and facilities (including damages,
losses, or injuries to Tribal fisheries, fish
habitat, wildlife, and wildlife habitat);
(vi) damage, loss, or injury from failure to
protect natural resources and land against noxious
weeds impacts;
(vii) inadequate compensation for minerals
extracted;
(viii) inadequate compensation for land and
interests in land used for Bureau of Indian
Affairs roads and wildlife refuges;
(ix) a failure to provide--
(I) for operation, maintenance, or
deferred maintenance for the Flathead
Indian irrigation project or any other
irrigation system or irrigation project;
or
(II) a dam safety improvement to a
dam within the Reservation;
(x) the litigation of claims relating to any
water right of the Tribes in the State; and
(xi) the negotiation, execution, or adoption
of the Compact or this Act;
[[Page 134 STAT. 3026]]
(B) reserved under subsections (b) through (d) of
section 6 of the settlement agreement for the case
entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH
(D.D.C. 2012); and
(C) arising from the taking or acquisition of land
or resources of the Tribes for the construction or
operation of the Flathead Indian irrigation project.
(4) Certain off-reservation water rights.--
(A) In general.--Notwithstanding the confirmation of
the water rights of the Tribes described in Appendices
28 and 29 to the Compact, as consideration for
recognition of the Tribal Water Right and other benefits
described in the Compact and this Act, the Tribes shall
relinquish any right, title, or claim to the water
rights located within the Flathead basin and described
in those appendices.
(B) Requirement.--The water rights described in
subparagraph (A) shall be held solely by the State.
(b) <<NOTE: Federal Register, publication.>> Enforceability Date.--
The waivers and releases of claims under subsection (a) shall take
effect on the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1)(A) the Montana Water Court has approved the Compact in a
manner from which no further appeal may be taken; or
(B) if the Montana Water Court is found to lack
jurisdiction, the applicable United States district court has
approved the Compact as a consent decree from which no further
appeal may be taken;
(2) all amounts authorized to be appropriated under section
9 have been appropriated;
(3) the State has appropriated and paid into an interest-
bearing escrow account any payments due to the Tribes as of the
date of enactment of this Act under the Compact and this Act;
(4) the Tribes have ratified the Compact;
(5) the Secretary has fulfilled the requirements of section
6; and
(6) the waivers and releases described in subsection (a)
have been executed by the Tribes and the Secretary.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Tribes, acting on
behalf of the Tribes and members of the Tribes, and the United States,
acting as trustee for the Tribes and allottees, shall retain--
(1) all claims relating to--
(A) the enforcement of, or claims accruing after the
enforceability date relating to water rights recognized
under--
(i) the Compact;
(ii) any final decree; or
(iii) this Act; and
(B) activities affecting the quality of water,
including any claims under--
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), including damages to natural
resources;
[[Page 134 STAT. 3027]]
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) (commonly referred to as
the ``Clean Water Act''); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii);
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims for damages, losses, or injuries to land or
natural resources that are--
(A) not due to loss of water or water rights
(including hunting, fishing, gathering, or cultural
rights); and
(B) not covered by subsection (a)(3); and
(4) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this Act or the
Compact.
(d) Effect of Compact and Act.--Nothing in the Compact or this Act--
(1) except as otherwise expressly provided in the Compact or
this Act, reduces or extends the sovereignty (including civil
and criminal jurisdiction) of any government entity;
(2) affects the ability of the United States acting as
sovereign to carry out any activity authorized by applicable
law, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act''); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) affects the ability of the United States to act as
trustee for any other Indian tribe or allottee of any other
Indian tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law regarding health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health,
safety, or the environment; or
(C) to conduct judicial review of any Federal agency
action;
(5) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes;
(6) revives any claim waived by the Tribes in the case
entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH (D.D.C.
2012); or
(7) revives any claim released by an allottee or member of
the Tribes in the settlement for the case entitled ``Cobell v.
Salazar'', No. 1:96CV01285-JR (D.D.C. 2012).
(e) Tolling of Claims.--
(1) <<NOTE: Time period.>> In general.--Each applicable
period of limitation and time-based equitable defense relating
to a claim described in
[[Page 134 STAT. 3028]]
this section shall be tolled during the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts made available to carry out this Act are transferred
to the Secretary.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(f) Expiration.--
(1) In general.--This Act shall expire in any case in
which--
(A) the amounts authorized to be appropriated by
this Act have not been made available to the Secretary
by not later than--
(i) January 21, 2031; or
(ii) such alternative later date as is agreed
to by the Tribes and the Secretary; or
(B) the Secretary fails to publish a statement of
findings under subsection (b) by not later than--
(i) January 21, 2032; or
(ii) such alternative later date as is agreed
to by the Tribes and the Secretary, after
providing reasonable notice to the State.
(2) Consequences.--If this Act expires under paragraph (1)--
(A) the waivers and releases under subsection (a)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Compact under section 4 shall no
longer be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this Act
shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized by
this Act, together with any interest earned on those
funds, and any water rights or contracts to use water
and title to other property acquired or constructed with
Federal funds appropriated or made available to carry
out the activities authorized by this Act shall be
returned to the Federal Government, unless otherwise
agreed to by the Tribes and the United States and
approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this Act that were expended or
withdrawn, or any funds made available to carry out this
Act from other Federal authorized sources, together with
any interest accrued on those funds, against any claims
against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Tribes; or
[[Page 134 STAT. 3029]]
(bb) any user of the Tribal
Water Right; or
(II) any other matter covered by
subsection (a)(3); or
(ii) in any future settlement of water rights
of the Tribes or an allottee.
SEC. 11. SATISFACTION OF CLAIMS.
(a) Tribal Claims.--The benefits realized by the Tribes under this
Act shall be in complete replacement of, complete substitution for, and
full satisfaction of all claims of the Tribes against the United States
waived and released pursuant to paragraphs (1) and (3) of section 10(a).
(b) Allottee Claims.--The benefits realized by allottees under this
Act shall be in complete replacement of, complete substitution for, and
full satisfaction of--
(1) all claims waived and released pursuant to section
10(a)(2); and
(2) any claims of an allottee against the United States that
an allottee asserted or could have asserted that are similar in
nature to a claim described in section 10(a)(2).
SEC. 12. NATIONAL BISON RANGE RESTORATION.
(a) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the Reservation was set aside for the Tribes in
1855 under the treaty between the United States and the
Tribes concluded at Hell Gate on July 16, 1855 (12 Stat.
975);
(B) the National Bison Range was established as a
conservation measure in 1908, a time when the bison were
at grave risk of extinction;
(C) the National Bison Range is located in the
middle of the Reservation on land that was acquired by
the United States in what was later held, in the civil
action entitled ``Confederated Salish and Kootenai
Tribes of the Flathead Indian Reservation, Montana v.
United States'' (437 F.2d 458 (Ct.Cl. 1971)), to be a
taking under the Fifth Amendment to the Constitution of
the United States;
(D) the Tribes never consented to the removal of the
land described in subparagraph (C) from Tribal
ownership;
(E) since time immemorial until the establishment of
the National Bison Range, the Tribes had used the land
described in subparagraph (C) for--
(i) hunting, fishing, and gathering; and
(ii) cultural and many other purposes;
(F)(i) in the 1870s, when slaughter resulted in the
risk of bison extinction, a Pend d'Oreille man named
Little Falcon Robe received approval from leaders of the
Tribes to bring orphaned bison calves across the
Continental Divide to the Reservation for purposes of
starting a herd for subsistence and conservation
purposes;
(ii) starting with just a few bison calves, the
animals grew into a large herd under the stewardship of
members of the Tribes, who later included Michel Pablo
and Charles Allard; and
[[Page 134 STAT. 3030]]
(iii) the Reservation was the home of that free-
ranging herd of bison for decades before the
establishment of the National Bison Range;
(G) when the Reservation was opened for
homesteading, a free-ranging bison herd was no longer
feasible, resulting in Michel Pablo selling the herd to
off-Reservation interests;
(H) many of the bison, or their descendants, from
the Tribal member-managed herd were repurchased and
brought back to the Reservation to form the original
herd for the National Bison Range;
(I) the bison herd at the National Bison Range
descends largely from a herd started and managed as
described in subparagraph (F);
(J) the Tribes--
(i) have played a substantive role as
conservation leaders, often in partnership with
the National Bison Range;
(ii) have demonstrated a long-term commitment
to responsible management of the land and
resources surrounding the National Bison Range;
and
(iii) desire to carry out the purposes for
which the National Bison Range was established;
(K) the Tribes have extensive experience in wildlife
and natural resources management, including--
(i) the establishment and management of the
91,000-acre Mission Mountains Tribal Wilderness,
the first tribally designated wilderness area in
the United States;
(ii) special management districts for large
animals, such as the Little Money Bighorn Sheep
Management Area and the Ferry Basin Elk Management
Area; and
(iii) the restoration and management of
bighorn sheep populations, peregrine falcons, and
trumpeter swans on the Reservation;
(L) the Tribes have an extensive history of
successful partnerships with Federal agencies with
respect to issues such as--
(i) threatened and endangered species
management;
(ii) migratory waterfowl management; and
(iii) wetland habitat management;
(M)(i) the Tribes have entered into prior
management-related agreements relating to the National
Bison Range under title IV of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5361 et seq.); and
(ii) the Tribes and the United States desire to
build on past and current partnerships, as well as honor
and advance the Federal and Tribal objectives of
increasing Tribal autonomy and Tribal governmental
capacity;
(N) since the establishment of the National Bison
Range, additional herds of bison have been established
on other national wildlife refuges and national parks;
(O) the facts and history regarding the Federal
Government, the Tribes, the bison, and land on the
Reservation acquired for the National Bison Range are
exceptional circumstances that warrant action by
Congress; and
[[Page 134 STAT. 3031]]
(P) the United States should hold title in and to
the land comprising the National Bison Range, with
beneficial title of the land being restored to the
Tribes for--
(i) continued bison conservation;
(ii) other wildlife and natural resource
management purposes; and
(iii) other nonconflicting purposes of the
Tribes.
(2) Purposes.--The purposes of this section are--
(A) to acknowledge the history, culture, and
ecological stewardship of the Tribes with respect to the
land on the Reservation acquired for the National Bison
Range, bison, and other natural resources;
(B) to ensure that the land, bison, and other
resources referred to in subparagraph (A) continue to be
protected and enhanced;
(C) to continue public access and educational
opportunities; and
(D) to ensure a smooth transition for land, bison,
and other natural resources as the land is restored to
Federal trust ownership for the benefit of the Tribes.
(b) Definition of National Bison Range.--In this section, the term
``National Bison Range'' means all land within the Reservation that was
reserved for the national bison range under the matter under the heading
``National bison range'' under the heading ``Miscellaneous'' under the
heading ``Department of Agriculture'' in the Act of May 23, 1908 (16
U.S.C. 671) (as in effect on the day before the date of enactment of
this Act).
(c) Restoration of Land.--
(1) In general.--Notwithstanding any other provision of law,
for the purposes of conserving bison, wildlife, and natural
resources, and of safeguarding the interests of the Tribes in
those resources and the traditional, cultural, and other
interests of the Tribes, all land comprising the National Bison
Range (including all natural resources, interests, and
appurtenances of that land) shall be held in trust by the United
States for the benefit of the Tribes.
(2) Administration.--The land restored by paragraph (1)
shall be--
(A) a part of the Reservation;
(B) administered under the laws (including
regulations) applicable to Indian trust land; and
(C) managed by the Tribes, in accordance with
paragraph (3), solely for the care and maintenance of
bison, wildlife, and other natural resources, including
designation or naming of the restored land.
(3) Tribal management.--In managing the land restored by
paragraph (1), the Tribes shall--
(A) provide public access and educational
opportunities; and
(B) <<NOTE: Public information. Plan.>> at all
times, have a publicly available management plan for the
land, bison, and natural resources, which shall include
actions to address management and control of invasive
weeds.
(d) Conveyance of Buildings and Other Structures.--
(1) In general.--The United States shall convey to the
Tribes, to own in fee, all ownership interests of the United
[[Page 134 STAT. 3032]]
States in all buildings, structures, improvements, and
appurtenances located on the land restored by subsection (c)(1).
(2) Personal property.--The United States may convey to the
Tribes any personal property owned by the United States and
found on, or otherwise associated with, the land restored by
subsection (c)(1).
(e) Relinquishment of Rights to Bison.--The United States
relinquishes to the Tribes all interests of United States in the bison
on the land restored by subsection (c)(1).
(f) Transition.--
(1) <<NOTE: Time period. Effective date. Determination.>>
In general.--Notwithstanding any other provision of law, during
the 2-year period beginning on the date of enactment of this
Act, the Secretary shall cooperate with the Tribes in transition
activities regarding the management of land, bison, and other
resources conveyed by this Act, including by providing to the
Tribes, as determined to be appropriate by the Secretary, funds,
personal property, equipment, or other resources for the
performance of, or assistance with, the types of activities
carried out by the Secretary at the National Bison Range as of
the date of enactment of this Act.
(2) Effect.--Consistent with subsections (c), (d), and (e),
nothing in this section authorizes the Director of the United
States Fish and Wildlife Service to retain ownership or control
of any real or personal property conveyed by this section,
except as the Tribes may agree to in writing.
(g) Repeal.--The matter under the heading ``National bison range''
under the heading ``Miscellaneous'' under the heading ``Department of
Agriculture'' in the Act of May 23, 1908 (16 U.S.C. 671), is repealed.
(h) Liability.--The Tribes shall not be liable for any land, soil,
surface water, groundwater, or other contamination, injury, or damage
resulting from the storage, disposal, release, or presence of any
hazardous substance (as defined in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601)) on any portion of the land restored by this section on or
before the date of the conveyance, unless the Tribes would otherwise
have been responsible for the storage, disposal, release, or presence.
(i) Claims Against United States.--No claim may be brought pursuant
to chapter 7 of title 5, United States Code, or section 1491 or 1505 of
title 28, United States Code, against the United States, or any agency,
officer, or employee of the United States, concerning the preconveyance
or postconveyance management of the land and other property conveyed by
this section.
(j) Effect.--Nothing in this section relieves the United States of
any obligation under section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)).
(k) No Precedent.--The provisions of this section--
(1) are uniquely suited to address the distinct
circumstances, facts, history, and relationships involved with
the bison, land, and Tribes; and
(2) are not intended, and shall not be interpreted, to
establish a precedent for any other situation regarding Federal
land, property, or facilities.
(l) Indian Gaming Regulatory Act.--The land restored by this section
shall not be eligible or used for any gaming activity
[[Page 134 STAT. 3033]]
carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) Amendments.--
(1) Act of april 23, 1904.--Section 9 of the Act of April
23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter
216), is amended by striking the seventh undesignated paragraph.
(2) Act of may 25, 1948.--Section 2 of the Act of May 25,
1948 (62 Stat. 269, chapter 340), is amended--
(A) in subsection (h), by striking paragraph (6) and
inserting the following:
``(6) To enhance fisheries habitat or to improve water
conservation management of the project.''; and
(B) by adding at the end the following:
``(k) Mission Valley Division.--
``(1) In general.--The Secretary of the Interior (referred
to in this section as the `Secretary'), or the Confederated
Salish and Kootenai Tribes of the Flathead Reservation of
Montana acting on behalf of the Secretary, as the entity with
the legal authority and responsibility to operate the Mission
Valley division of the project (referred to in this subsection
as the `project operator'), may allocate revenues derived from
the Mission Valley division in accordance with paragraph (2) for
the purposes described in subsection (h)(6).
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the revenues described in paragraph (1) shall be
allocated by providing--
``(i) $100,000 to the Tribes; and
``(ii) $100,000 to the project operator.
``(B) <<NOTE: Effective date.>> Negotiation.--
Effective beginning on October 1 of the tenth calendar
year beginning after the date of enactment of the
Montana Water Rights Protection Act, the Confederated
Salish and Kootenai Tribes of the Flathead Reservation
of Montana, the State of Montana, and the Secretary may
negotiate for an appropriate allocation that differs
from the allocation described in subparagraph (A).
``(C) Carryover.--If the project operator does not
use the full allocation of the project operator under
this paragraph for a fiscal year, an amount equal to the
difference between the full allocation and the amount
used by the project operator shall be set aside and
accumulated for expenditure during subsequent fiscal
years for the purposes described in subsection
(h)(6).''.
(3) Indian self-determination and education assistance
act.--Section 403(b)(4) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C).
[[Page 134 STAT. 3034]]
(b) Liens.--Any lien established by the Act of April 23, 1904 (33
Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished and
released.
(c) Waiver of Sovereign Immunity.--Except as provided in subsections
(a) through (c) of section 208 of the Department of Justice
Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
sovereign immunity of the United States.
(d) Other Tribes Not Adversely Affected.--Nothing in this Act
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of any Indian tribe other than the Tribes.
(e) Limitation on Claims for Reimbursement.--With respect to Indian
land located within the Reservation--
(1) the United States shall not submit against any Indian-
owned land within the Reservation any claim for reimbursement of
the cost to the United States of carrying out this Act or the
Compact; and
(2) no assessment of any Indian-owned land located within
the Reservation shall be made regarding that cost.
(f) Limitation on Liability of United States.--
(1) In general.--The United States has no obligation--
(A) to monitor, administer, or account for, in any
manner, any funds provided to the Tribes by the State;
or
(B) to review or approve any expenditure of the
funds described in subparagraph (A).
(2) Indemnity.--The Tribes shall indemnify the United
States, and hold the United States harmless, with respect to all
claims (including claims for takings or breach of trust) arising
from the receipt or expenditure of amounts to carry out this Act
(other than claims arising out of activities carried out by the
Tribes with funds transferred in accordance with section 7(d)).
(g) Antideficiency.--The United States shall not be liable for any
failure to carry out any obligation or activity authorized by this Act
(including any obligation or activity under the Compact) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out this Act; or
(2) subject to section 9(c), insufficient funds are
available to carry out this Act in the Reclamation Water
Settlements Fund established by section 10501(a) of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 407(a)).
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any activity or function carried
out by the Secretary under this Act.
(i) Cooperative Operation and Maintenance of Flathead Indian
Irrigation Project.--
(1) Agreement with secretary.--On receipt of a joint request
from the Tribes and 1 or more irrigation districts within the
Flathead Indian irrigation project, the Secretary shall enter
into an agreement with the Tribes and the irrigation districts
for the cooperative operation and maintenance of the Flathead
Indian irrigation project, or any portion of the Flathead Indian
irrigation project, under such form of organization and under
such conditions as may be acceptable to the Secretary.
[[Page 134 STAT. 3035]]
(2) Establishment of organization.--
(A) In general.--In lieu of entering into an
agreement under paragraph (1), the Tribes and 1 or more
irrigation districts within the Flathead Indian
irrigation project may jointly establish an organization
for the purpose of entering into an agreement for the
operation and maintenance of the Flathead Indian
irrigation project under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.).
(B) Contract support costs.--Any contract support
costs pursuant to section 106(a) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5325(a)) for an organization established pursuant to
subparagraph (A) shall be limited to funds available
from annual assessment under part 171 of title 25, Code
of Federal Regulations (or successor regulations).
(C) Treatment.--An organization established pursuant
to subparagraph (A) shall be considered to be a tribal
organization (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304)) for purposes of that Act.
(D) Annual o&m assessments.--Nothing in this
subsection limits the ability of an organization
established pursuant to subparagraph (A) to include the
costs of administering the Flathead Indian irrigation
project when establishing annual assessment rates in
accordance with part 171 of title 25, Code of Federal
Regulations (or successor regulations).
(j) Exchanges of Land.--
(1) Definitions.--In this subsection:
(A) Public land.--The term ``public land'' means--
(i) public lands (as defined in section 103 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702)); and
(ii) land managed by the Secretary of
Agriculture under the jurisdiction of the Forest
Service.
(B) Secretary concerned.--The term ``Secretary
concerned'' means, as applicable--
(i) the Secretary, with respect to the public
land described in subparagraph (A)(i); or
(ii) the Secretary of Agriculture, with
respect to the public land described in
subparagraph (A)(ii).
(2) State trust land.--
(A) In general.--The Secretary concerned shall offer
to negotiate with the State for the purpose of
exchanging public land within the State for State trust
land located within the Reservation with a total value
substantially equal to the value of the surface estate
of the approximately 36,808 acres of State trust land
obtained by the State pursuant to--
(i) the Act of February 22, 1889 (commonly
known as the ``Montana Enabling Act'') (25 Stat.
676, chapter 180), and the Act of April 23, 1904
(33 Stat. 302, chapter 1495; 35 Stat. 449, chapter
216); or
(ii) the Act of February 25, 1920 (41 Stat.
452).
(B) Procedures.--An exchange described in
subparagraph (A) shall be conducted in accordance with
section
[[Page 134 STAT. 3036]]
206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(C) <<NOTE: Determination.>> Valuation.--In
determining the fair market value of land for purposes
of subparagraph (A), the parties to the exchange shall
give due consideration to the value of any improvements
on the land.
(D) Financial impact.--The Secretary concerned shall
ensure that land exchanged pursuant to this paragraph is
selected in a manner that minimizes the financial impact
on local governments, if any.
(E) Assistance.--The Secretary concerned shall
provide such financial or other assistance to the State
and the Tribes as may be necessary to obtain the
appraisals, and to satisfy administrative requirements,
necessary to accomplish the exchanges under subparagraph
(A).
(F) Title.--On approving an exchange under this
paragraph, the Secretary concerned shall--
(i) receive title in and to the State trust
land involved in the exchange, on behalf of the
United States; and
(ii) transfer title in and to the public land
disposed of in the exchanges with the State by
such means of conveyance as the Secretary
concerned considers to be appropriate.
(G) Trust.--Title to the State trust land acquired
pursuant to an exchange under this paragraph shall be--
(i) vested in the United States in trust for
the sole use and benefit of the Tribes; and
(ii) recognized as part of the Reservation.
(3) Requirements.--
(A) <<NOTE: Time period. Effective date.>> In
general.--In carrying out paragraph (2), the Secretary
concerned shall, during the 5-year period beginning on
the date of enactment of this Act, give priority to an
exchange of public land within the State for State trust
land owned by the State.
(B) Total value.--The total value of the land
exchanged and acquired for the Tribes pursuant to this
subsection shall not exceed the value of the surface
estate of the 36,808 acres described in paragraph
(2)(A).
(C) Private exchanges.--
(i) In general.--Subject to subparagraph (B),
if, for any reason, after the expiration of the
period described in subparagraph (A), the
exchanges under paragraph (2) have not provided to
the Tribes a total of 36,808 acres of surface land
within the boundaries of the Reservation, the
Secretary concerned shall, at the request of, and
in cooperation with, the Tribes, develop and
implement a program to provide to the Tribes
additional land within the Reservation through
land exchanges with private landowners.
(ii) Requirement.--In carrying out this
subparagraph, the Secretary concerned may exchange
public land within the State for private land of
substantially equal value within the boundaries of
the Reservation, in accordance with section 206 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716).
[[Page 134 STAT. 3037]]
(D) <<NOTE: Determination.>> Valuation.--In
determining the fair market value of land under
subparagraph (C), the parties to an exchange made
pursuant to that subparagraph shall give due
consideration to the value of improvements on the land.
(E) Title.--If the Secretary concerned obtains
private land pursuant to subparagraph (C), the Secretary
concerned shall transfer title to the land to the
Tribes.
(F) Trust.--Title to any private land or public land
transferred to the Tribes pursuant to this paragraph
shall--
(i) be vested in the United States in trust
for the sole use and benefit of the Tribes; and
(ii) be recognized as part of the Reservation,
if the land is located within the boundaries of
the Reservation.
(G) Tribal assistance.--The Tribes shall assist in
obtaining prospective willing parties to exchange
private land within the Reservation for public land
within the State under this paragraph.
(4) Protection of grazing rights.--State trust land that is
not adjacent to Tribal land shall not be eligible to be
exchanged under this subsection.
(k) Review of Decisions.--A court of competent jurisdiction shall
review the decisions of the Flathead Reservation Water Management Board
and the Montana Department of Fish, Wildlife, and Parks in accordance
with--
(1) the Compact;
(2) the Law of Administration; and
(3) this Act.
(l) Payments to Certain Counties.--
(1) Payments.--
(A) By secretary.--Subject to paragraph (2), to
reduce the financial impact on the counties in which the
land restored by section 12 is located, the Secretary
shall make payments to Lake County and Sanders County in
the State, out of amounts in the fund established under
section 401(a) of the Act of June 15, 1935 (16 U.S.C.
715s(a)).
(B) By tribes.--To ensure that culverts, bridges,
and roads that intersect with, or are otherwise located
within, the supply and distribution network of the
Flathead Indian irrigation project comply with Federal
environmental requirements, to ensure public safety, and
to enhance Tribal fisheries on the Reservation, the
Tribes shall allocate from the Trust Fund amounts
withdrawn for the purposes described in section
8(h)(13), under an agreement approved by the Secretary--
(i) $5,000,000 to Lake County in the State;
and
(ii) $5,000,000 to Sanders County in the
State.
(2) Amount of payments.--The amount of the payments under
paragraph (1)(A) shall be equal to the amount each county would
have received if this Act had not been enacted.
(3) Treatment of land for purposes of calculating
payments.--For the limited purposes of calculating payments to
Lake County and Sanders County under this subsection and section
401 of the Act of June 15, 1935 (16 U.S.C. 715s), the land
restored by section 13 shall be treated as a fee area
[[Page 134 STAT. 3038]]
(as defined in section 401(g) of the Act of June 15, 1935 (16
U.S.C. 715s(g))).
(m) Effect on Current Law.--Nothing in this Act authorizes
preenforcement judicial review of any Federal environmental enforcement
action.
(n) No Precedent.--The provisions of this Act--
(1) are uniquely suited to address the distinct
circumstances, facts, history, and relationships involved; and
(2) are not intended, and shall not be interpreted, to
establish precedent for any other situation.
DIVISION EE--TAXPAYER <<NOTE: Taxpayer Certainty and Disaster Tax Relief
Act of 2020. 26 USC 1 note.>> CERTAINTY AND DISASTER TAX RELIEF ACT OF
2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Taxpayer
Certainty and Disaster Tax Relief Act of 2020''.
(b) Amendment of 1986 Code.--Except as otherwise expressly provided,
whenever in this division an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this division is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Certain Provisions Made Permanent
Sec. 101. Reduction in medical expense deduction floor.
Sec. 102. Energy efficient commercial buildings deduction.
Sec. 103. Benefits provided to volunteer firefighters and emergency
medical responders.
Sec. 104. Transition from deduction for qualified tuition and related
expenses to increased income limitation on lifetime learning
credit.
Sec. 105. Railroad track maintenance credit.
Sec. 106. Certain provisions related to beer, wine, and distilled
spirits.
Sec. 107. Refunds in lieu of reduced rates for certain craft beverages
produced outside the United States.
Sec. 108. Reduced rates not allowed for smuggled or illegally produced
beer, wine, and spirits.
Sec. 109. Minimum processing requirements for reduced distilled spirits
rates.
Sec. 110. Modification of single taxpayer rules.
Subtitle B--Certain Provisions Extended Through 2025
Sec. 111. Look-thru rule for related controlled foreign corporations.
Sec. 112. New markets tax credit.
Sec. 113. Work opportunity credit.
Sec. 114. Exclusion from gross income of discharge of qualified
principal residence indebtedness.
Sec. 115. 7-year recovery period for motorsports entertainment
complexes.
Sec. 116. Expensing rules for certain productions.
Sec. 117. Oil spill liability trust fund rate.
Sec. 118. Empowerment zone tax incentives.
Sec. 119. Employer credit for paid family and medical leave.
Sec. 120. Exclusion for certain employer payments of student loans.
Sec. 121. Extension of carbon oxide sequestration credit.
Subtitle C--Extension of Certain Other Provisions
Sec. 131. Credit for electricity produced from certain renewable
resources.
[[Page 134 STAT. 3039]]
Sec. 132. Extension and phaseout of energy credit.
Sec. 133. Treatment of mortgage insurance premiums as qualified
residence interest.
Sec. 134. Credit for health insurance costs of eligible individuals.
Sec. 135. Indian employment credit.
Sec. 136. Mine rescue team training credit.
Sec. 137. Classification of certain race horses as 3-year property.
Sec. 138. Accelerated depreciation for business property on Indian
reservations.
Sec. 139. American Samoa economic development credit.
Sec. 140. Second generation biofuel producer credit.
Sec. 141. Nonbusiness energy property.
Sec. 142. Qualified fuel cell motor vehicles.
Sec. 143. Alternative fuel refueling property credit.
Sec. 144. 2-wheeled plug-in electric vehicle credit.
Sec. 145. Production credit for Indian coal facilities.
Sec. 146. Energy efficient homes credit.
Sec. 147. Extension of excise tax credits relating to alternative fuels.
Sec. 148. Extension of residential energy-efficient property credit and
inclusion of biomass fuel property expenditures.
Sec. 149. Black lung disability trust fund excise tax.
TITLE II--OTHER PROVISIONS
Sec. 201. Minimum low-income housing tax credit rate.
Sec. 202. Depreciation of certain residential rental property over 30-
year period.
Sec. 203. Waste energy recovery property eligible for energy credit.
Sec. 204. Extension of energy credit for offshore wind facilities.
Sec. 205. Minimum rate of interest for certain determinations related to
life insurance contracts.
Sec. 206. Clarifications and technical improvements to CARES Act
employee retention credit.
Sec. 207. Extension and modification of employee retention and rehiring
tax credit.
Sec. 208. Minimum age for distributions during working retirement.
Sec. 209. Temporary rule preventing partial plan termination.
Sec. 210. Temporary allowance of full deduction for business meals.
Sec. 211. Temporary special rule for determination of earned income.
Sec. 212. Certain charitable contributions deductible by non-itemizers.
Sec. 213. Modification of limitations on charitable contributions.
Sec. 214. Temporary special rules for health and dependent care flexible
spending arrangements.
TITLE III--DISASTER TAX RELIEF
Sec. 301. Definitions.
Sec. 302. Special disaster-related rules for use of retirement funds.
Sec. 303. Employee retention credit for employers affected by qualified
disasters.
Sec. 304. Other disaster-related tax relief provisions.
Sec. 305. Low-income housing tax credit.
Sec. 306. Treatment of certain possessions.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Certain Provisions Made Permanent
SEC. 101. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
(a) In General.--Section 213 <<NOTE: 26 USC 213.>> is amended--
(1) by striking ``10 percent'' in subsection (a) and
inserting ``7.5 percent'', and
(2) by striking subsection (f).
(b) <<NOTE: 26 USC 213 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 102. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) Deduction Made Permanent.--Section 179D is amended by striking
subsection (h).
[[Page 134 STAT. 3040]]
(b) Inflation Adjustment.--Section 179D, as amended by subsection
(a), is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Inflation Adjustment.--In the case of a taxable year beginning
after 2020, each dollar amount in subsection (b) or subsection (d)(1)(A)
shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) <<NOTE: Determination.>> the cost-of-living
adjustment determined under section 1(f)(3) for the calendar
year in which the taxable year begins, determined by
substituting `calendar year 2019' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any increase determined under the preceding sentence which is not a
multiple of 1 cent shall be rounded to the nearest cent.''.
(c) Update of Standards.--
(1) ASHRAE standards.--Section 179D(c) is amended--
(A) in paragraphs (1)(B)(ii) and (1)(D), by striking
``Standard 90.1-2007'' and inserting ``Reference
Standard 90.1'', and
(B) by amending paragraph (2) to read as follows:
``(2) <<NOTE: Definition. Consultation. Deadline.>>
Reference standard 90.1.--The term `Reference Standard 90.1'
means, with respect to any property, the most recent Standard
90.1 published by the American Society of Heating,
Refrigerating, and Air Conditioning Engineers and the
Illuminating Engineering Society of North America which has been
affirmed by the Secretary, after consultation with the Secretary
of Energy, for purposes of this section not later than the date
that is 2 years before the date that construction of such
property begins.''.
(2) California nonresidential alternative calculation method
approval manual.--Section 179D(d)(2) is amended by striking ``,
based on the provisions of the 2005 California Nonresidential
Alternative Calculation Method Approval Manual'' and inserting
``with respect to any property, based on the provisions of the
most recent California Nonresidential Alternative Calculation
Method Approval Manual which has been affirmed by the Secretary,
after consultation with the Secretary of Energy, for purposes of
this section not later than the date that is 2 years before the
date that construction of such property begins''.
(d) <<NOTE: 26 USC 179D note.>> Effective Date.--The amendments
made by this section shall apply to property placed in service after
December 31, 2020.
SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND
EMERGENCY MEDICAL RESPONDERS.
(a) In General.--Section 139B <<NOTE: 26 USC 139B.>> is amended by
striking subsection (d).
(b) <<NOTE: 26 USC 139B note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 104. TRANSITION FROM DEDUCTION FOR QUALIFIED TUITION AND
RELATED EXPENSES TO INCREASED INCOME
LIMITATION ON LIFETIME LEARNING CREDIT.
(a) Increased Income Limitations for Phaseout of Lifetime Learning
Credit.--
[[Page 134 STAT. 3041]]
(1) In general.--Section 25A(d) <<NOTE: 26 USC 25A.>> is
amended by striking paragraphs (1) and (2), by redesignating
paragraph (3) as paragraph (2), and by inserting before
paragraph (2) (as so redesignated) the following new paragraph:
``(1) In general.--The American Opportunity Tax Credit and
the Lifetime Learning Credit shall each (determined without
regard to this paragraph) be reduced (but not below zero) by the
amount which bears the same ratio to each such credit (as so
determined) as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross
income for such taxable year, over
``(ii) $80,000 ( $160,000 in the case of a
joint return), bears to
``(B) $10,000 ( $20,000 in the case of a joint
return).''.
(2) Conforming amendment.--Section 25A is amended by
striking subsection (h).
(b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 is
amended <<NOTE: 26 USC 211 prec.>> by striking section 222 (and
by striking the item relating to such section in the table of
sections for such part).
(2) Conforming amendments.--
(A) Section 62(a) is amended by striking paragraph
(18).
(B) Section 74(d)(2)(B) is amended by striking
``222,''.
(C) Section 86(b)(2)(A) is amended by striking
``222,''.
(D) Section 135(c)(4)(A) is amended by striking
``222,''.
(E) Section 137(b)(3)(A) is amended by striking
``222,''.
(F) Section 219(g)(3)(A)(ii) is amended by striking
``222,''.
(G) Section 221(b)(2)(C)(i) is amended by striking
``222,''.
(H) Section 469(i)(3)(E)(iii) is amended by striking
``222,''.
(c) <<NOTE: 26 USC 25A note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 105. RAILROAD TRACK MAINTENANCE CREDIT.
(a) Made Permanent.--Section 45G is amended by striking subsection
(f).
(b) Modification of Credit Rate.--Section 45G(a) is amended by
striking ``50 percent'' and inserting ``40 percent (50 percent in the
case of any taxable year beginning before January 1, 2023)''.
(c) <<NOTE: 26 USC 45G note.>> Effective Date.--The amendments made
by this section shall apply to taxable years ending after the date of
the enactment of this Act.
SEC. 106. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
SPIRITS.
(a) Production Period for Beer, Wine, and Distilled Spirits.--
(1) In general.--Section 263A(f)(4) is amended to read as
follows:
``(4) Exemption for aging process of beer, wine, and
distilled spirits.--For purposes of this subsection, the
production period shall not include the aging period for--
``(A) beer (as defined in section 5052(a)),
[[Page 134 STAT. 3042]]
``(B) wine (as described in section 5041(a)), or
``(C) distilled spirits (as defined in section
5002(a)(8)), except such spirits that are unfit for use
for beverage purposes.''.
(2) <<NOTE: 26 USC 263A note.>> Effective date.--The
amendment made by this subsection shall apply to interest costs
paid or accrued after December 31, 2020.
(b) Reduced Rate of Excise Tax on Beer.--
(1) In general.--Section 5051(a)(1) <<NOTE: 26 USC 5051.>>
is amended to read as follows:
``(1) In general.--
``(A) Imposition of tax.--A tax is hereby imposed on
all beer brewed or produced, and removed for consumption
or sale, within the United States, or imported into the
United States. Except as provided in paragraph (2), the
rate of such tax shall be--
``(i) $16 on the first 6,000,000 barrels of
beer--
``(I) brewed by the brewer and
removed during the calendar year for
consumption or sale, or
``(II) imported by the importer into
the United States during the calendar
year, and
``(ii) $18 on any barrels of beer to which
clause (i) does not apply.
``(B) Barrel.--For purposes of this section, a
barrel shall contain not more than 31 gallons of beer,
and any tax imposed under this section shall be applied
at a like rate for any other quantity or for fractional
parts of a barrel.''.
(2) Reduced rate for certain domestic production.--Section
5051(a)(2)(A) is amended--
(A) in the heading, by inserting `` $3.50 a barrel''
before ``rate'', and
(B) by striking `` $7'' and all that follows through
``January 1, 2021)'' and inserting `` $3.50''.
(3) Application of reduced tax rate for foreign
manufacturers and importers.--Section 5051(a) is amended--
(A) in paragraph (1)(A)(i)(II), as amended by
paragraph (1) of this subsection, by inserting ``but
only if the importer is an electing importer under
paragraph (4) and the barrels have been assigned to the
importer pursuant to such paragraph'' after ``during the
calendar year'', and
(B) in paragraph (4)--
(i) in subparagraph (A), by striking
``paragraph (1)(C)'' and inserting ``paragraph
(1)(A)'', and
(ii) in subparagraph (B), by striking ``The
Secretary'' and inserting ``The Secretary, after
consultation with the Secretary of the Department
of Homeland Security,''.
(4) Controlled group and single taxpayer rules.--Section
5051(a)(5) is amended by striking ``paragraph (1)(C)(i)'' each
place it appears and inserting ``paragraph (1)(A)(i)''.
(5) <<NOTE: 26 USC 5051 note.>> Effective date.--The
amendments made by this subsection shall apply to beer removed
after December 31, 2020.
(c) Transfer of Beer Between Bonded Facilities.--
(1) In general.--Section 5414 is amended to read as follows:
[[Page 134 STAT. 3043]]
``SEC. 5414. TRANSFER OF BEER BETWEEN BONDED FACILITIES.
``(a) In General.--Beer may be removed from one brewery to another
brewery, without payment of tax, and may be mingled with beer at the
receiving brewery, subject to such conditions, including payment of the
tax, and in such containers, as the Secretary by regulations shall
prescribe, which shall include--
``(1) any removal from one brewery to another brewery
belonging to the same brewer,
``(2) any removal from a brewery owned by one corporation to
a brewery owned by another corporation when--
``(A) one such corporation owns the controlling
interest in the other such corporation, or
``(B) the controlling interest in each such
corporation is owned by the same person or persons, and
``(3) any removal from one brewery to another brewery when--
``(A) the proprietors of transferring and receiving
premises are independent of each other and neither has a
proprietary interest, directly or indirectly, in the
business of the other, and
``(B) the transferor has divested itself of all
interest in the beer so transferred and the transferee
has accepted responsibility for payment of the tax.
``(b) Transfer of Liability for Tax.--For purposes of subsection
(a)(3), such relief from liability shall be effective from the time of
removal from the transferor's premises, or from the time of divestment
of interest, whichever is later.''.
(2) <<NOTE: 26 USC 5414 note.>> Effective date.--The
amendment made by this subsection shall apply to any calendar
quarters beginning after December 31, 2020.
(d) Reduced Rate of Excise Tax on Certain Wine.--
(1) In general.--Section 5041(c) <<NOTE: 26 USC 5041.>> is
amended--
(A) in the heading, by striking ``for Small Domestic
Producers'',
(B) by amending paragraph (1) to read as follows:
``(1) Allowance of credit.--
``(A) In general.--There shall be allowed as a
credit against any tax imposed by this title (other than
chapters 2, 21, and 22) an amount equal to the sum of--
``(i) $1 per wine gallon on the first 30,000
wine gallons of wine, plus
``(ii) 90 cents per wine gallon on the first
100,000 wine gallons of wine to which clause (i)
does not apply, plus
``(iii) 53.5 cents per wine gallon on the
first 620,000 wine gallons of wine to which
clauses (i) and (ii) do not apply,
which are produced by the producer and removed during
the calendar year for consumption or sale, or which are
imported by the importer into the United States during
the calendar year.
``(B) Adjustment of credit for hard cider.--In the
case of wine described in subsection (b)(6),
subparagraph (A) of this paragraph shall be applied--
``(i) in clause (i) of such subparagraph, by
substituting `6.2 cents' for ` $1',
[[Page 134 STAT. 3044]]
``(ii) in clause (ii) of such subparagraph, by
substituting `5.6 cents' for `90 cents', and
``(iii) in clause (iii) of such subparagraph,
by substituting `3.3 cents' for `53.5 cents'.'',
(C) by striking paragraphs (2) and (8),
(D) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively,
(E) by redesignating paragraph (9) as paragraph (6),
and
(F) by amending paragraph (7) to read as follows:
``(7) Regulations.--The Secretary may prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including regulations to ensure proper
calculation of the credit provided in this subsection.''.
(2) Allowance of credit for foreign manufacturers and
importers.--Section 5041(c), as amended by paragraph (1), is
amended--
(A) in paragraph (1)(A), by inserting ``but only if
the importer is an electing importer under paragraph (6)
and the wine gallons of wine have been assigned to the
importer pursuant to such paragraph'' after ``into the
United States during the calendar year'', and
(B) in paragraph (6)--
(i) in subparagraph (A), by striking
``paragraph (8)'' and inserting ``paragraph (1)'',
(ii) in subparagraph (B), by striking ``The
Secretary'' and inserting ``The Secretary of the
Treasury, after consultation with the Secretary of
the Department of Homeland Security,'', and
(iii) in subparagraph (C), by striking
``paragraph (4)'' and inserting ``paragraph (3)''.
(3) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendments made by this subsection shall apply to wine removed
after December 31, 2020.
(e) Adjustment of Alcohol Content Level for Application of Excise
Tax Rates.--
(1) In general.--Paragraphs (1) and (2) of section 5041(b)
are each amended by striking ``14 percent'' and all that follows
through ``January 1, 2021'' and inserting ``16 percent''.
(2) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendments made by this subsection shall apply to wine removed
after December 31, 2020.
(f) Definition of Mead and Low Alcohol by Volume Wine.--
(1) In general.--Section 5041(h) is amended--
(A) in paragraph (2), by striking ``the Secretary
shall'' each place it appears and inserting ``the
Secretary may'', and
(B) by striking paragraph (3).
(2) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendments made by this subsection shall apply to wine removed
after December 31, 2020.
(g) Reduced Rate of Excise Tax on Certain Distilled Spirits.--
(1) <<NOTE: 26 USC 5001.>> In general.--Section 5001(c) is
amended--
(A) in the heading, by striking ``Temporary Reduced
Rate'' and inserting ``Reduced Rate'',
(B) in paragraph (3)(B), by striking ``The
Secretary'' and inserting ``The Secretary of the
Treasury, after consultation with the Secretary of the
Department of Homeland Security,'', and
[[Page 134 STAT. 3045]]
(C) by striking paragraph (4).
(2) <<NOTE: 26 USC 5001 note.>> Effective date.--The
amendments made by this subsection shall apply to distilled
spirits removed after December 31, 2020.
(h) Bulk Distilled Spirits.--
(1) In general.--Section 5212 <<NOTE: 26 USC 5212.>> is
amended by striking ``and before January 1, 2021,'' and
inserting ``between bonded premises belonging to the same person
or members of the same controlled group (within the meaning of
section 5001(c)(2))''.
(2) Non-bulk transfers related to bottling or storage.--
Section 5212 is amended by adding at the end the following new
sentence: ``In the case of distilled spirits transferred in bond
from the person who distilled or processed such distilled
spirits (hereinafter referred to as `transferor') to another
person for bottling or storage of such distilled spirits, and
returned to the transferor for removal, this section shall be
applied without regard to whether distilled spirits are bulk
distilled spirits, but only if the transferor retains title
during the entire period between such distillation, or
processing, and removal.''.
(3) <<NOTE: 26 USC 5212 note.>> Effective date.--The
amendments made by this subsection shall apply to distilled
spirits transferred in bond after December 31, 2020.
(i) Simplification of Rules Regarding Records, Statements, and
Returns.--
(1) In general.--Section 5555(a) is amended by striking
``For calendar quarters beginning after the date of the
enactment of this sentence, and before January 1, 2021, the
Secretary'' and inserting ``The Secretary''.
(2) <<NOTE: 26 USC 5555 note.>> Effective date.--The
amendment made by this subsection shall apply to calendar
quarters beginning after December 31, 2020.
SEC. 107. <<NOTE: Determinations.>> REFUNDS IN LIEU OF REDUCED
RATES FOR CERTAIN CRAFT BEVERAGES
PRODUCED OUTSIDE THE UNITED STATES.
(a) Distilled Spirits.--
(1) In general.--Section 5001(c), as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
``(4) Refunds in lieu of reduced rates for foreign
production removed after december 31, 2022.--
``(A) In general.--In the case of any proof gallons
of distilled spirits which have been produced outside
the United States and imported into the United States,
if such proof gallons of distilled spirits are removed
after December 31, 2022--
``(i) paragraph (1) shall not apply, and
``(ii) <<NOTE: Time period.>> the amount
determined under subparagraph (B) shall be allowed
as a refund, determined for periods not less
frequently than quarterly, to the importer in the
same manner as if such amount were an overpayment
of tax imposed by this section.
``(B) Amount of refund.--The amount determined under
this subparagraph with respect to any importer for any
period is an amount equal to the sum of--
``(i) the excess (if any) of--
``(I) the amount of tax imposed
under this subpart on proof gallons of
distilled spirits referred
[[Page 134 STAT. 3046]]
to in subparagraph (A) which were
removed during such period, over
``(II) the amount of tax which would
have been imposed under this subpart on
such proof gallons of distilled spirits
if this section were applied without
regard to this paragraph, plus
``(ii) the amount of interest which would be
allowed and paid on an overpayment of tax at the
overpayment rate established under section
6621(a)(1) (without regard to the second sentence
thereof) were such rate applied to the excess (if
any) determined under clause (i) for the number of
days in the filing period for which the refund
under this paragraph is being determined.
``(C) Application of rules related to elections and
assignments.--Subparagraph (A)(ii) shall apply only if
the importer is an electing importer under paragraph (3)
and the proof gallons of distilled spirits have been
assigned to the importer pursuant to such paragraph.
``(D) <<NOTE: Applicability.>> Rules for refunds
within 90 days.--For purposes of refunds allowed under
this paragraph, section 6611(e) shall be applied by
substituting `90 days' for `45 days' each place it
appears.''.
(2) Coordination with determination for cover over to puerto
rico and virgin islands.--
(A) In general.--Section 7652 <<NOTE: 26 USC
7652.>> is amended by adding at the end the following
new subsection:
``(i) Determination of Taxes Collected.--For purposes of subsections
(a)(3), (b)(3), and (e)(1), refunds under section 5001(c)(4) shall not
be taken into account as a refund, and the amount of taxes imposed by
and collected under section 5001(a)(1) shall be determined without
regard to section 5001(c).''.
(B) Conforming amendment.--Section 7652(e) is
amended by striking paragraph (5).
(3) <<NOTE: 26 USC 5001 note.>> Effective date.--The
amendments made by this subsection shall apply to distilled
spirits brought into the United States and removed after
December 31, 2022.
(b) Beer.--
(1) In general.--Section 5051(a) is amended by adding at the
end the following new paragraph:
``(6) Refunds in lieu of reduced rates for foreign
production removed after december 31, 2022.--
``(A) In general.--In the case of any barrels of
beer which have been produced outside the United States
and imported into the United States, if such barrels of
beer are removed after December 31, 2022--
``(i) paragraph (1)(A)(i) shall not apply, and
``(ii) the amount determined under
subparagraph (B) shall be allowed as a refund,
determined for periods not less frequently than
quarterly, to the importer in the same manner as
if such amount were an overpayment of tax imposed
by this section.
``(B) Amount of refund.--The amount determined under
this subparagraph with respect to any importer for any
period is an amount equal to the sum of--
``(i) excess (if any) of--
[[Page 134 STAT. 3047]]
``(I) the amount of tax imposed
under this section on barrels of beer
referred to in subparagraph (A) which
were removed during such period, over
``(II) the amount of tax which would
have been imposed under this section on
such barrels of beer if this section
were applied without regard to this
paragraph, plus
``(ii) the amount of interest which would be
allowed and paid on an overpayment of tax at the
overpayment rate established under section
6621(a)(1) (without regard to the second sentence
thereof) were such rate applied to the excess (if
any) determined under clause (i) for the number of
days in the filing period for which the refund
under this paragraph is being determined.
``(C) Application of rules related to elections and
assignments.--Subparagraph (A)(ii) shall apply only if
the importer is an electing importer under paragraph (4)
and the barrels of beer have been assigned to the
importer pursuant to such paragraph.
``(D) <<NOTE: Applicability.>> Rules for refunds
within 90 days.--For purposes of refunds allowed under
this paragraph, section 6611(e) shall be applied by
substituting `90 days' for `45 days' each place it
appears.''.
(2) <<NOTE: 26 USC 5051 note.>> Effective date.--The
amendment made by this subsection shall apply to beer removed
after December 31, 2022.
(c) Wine.--
(1) In general.--Section 5041(c), <<NOTE: 26 USC 5041.>> as
amended by the preceding provisions of this Act, is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following new paragraph:
``(7) Refunds in lieu of tax credits for foreign production
removed after december 31, 2022.--
``(A) In general.--In the case of any wine gallons
of wine which have been produced outside the United
States and imported into the United States, if such wine
gallons are removed after December 31, 2022--
``(i) paragraph (1) shall not apply, and
``(ii) the amount determined under
subparagraph (B) shall be allowed as a refund,
determined for periods not less frequently than
quarterly, to the importer in the same manner as
if such amount were an overpayment of tax imposed
by this section.
``(B) Amount of refund.--The amount determined under
this subparagraph with respect to any importer for any
period is an amount equal to the sum of--
``(i) excess (if any) of--
``(I) the amount of tax imposed
under this section on wine gallons of
wine referred to in subparagraph (A)
which were removed during such period,
over
``(II) the amount of tax which would
have been imposed under this section
(including any allowable credits) on
such gallons of wine if this section
were applied without regard to this
paragraph, plus
[[Page 134 STAT. 3048]]
``(ii) the amount of interest which would be
allowed and paid on an overpayment of tax at the
overpayment rate established under section
6621(a)(1) (without regard to the second sentence
thereof) were such rate applied to the excess (if
any) determined under clause (i) for the number of
days in the filing period for which the refund
under this paragraph is being determined.
``(C) Application of rules related to elections and
assignments.--Subparagraph (A)(ii) shall apply only if
the importer is an electing importer under paragraph (6)
and the wine gallons of wine have been assigned to the
importer pursuant to such paragraph.
``(D) <<NOTE: Applicability.>> Rules for refunds
within 90 days.--For purposes of refunds allowed under
this paragraph, section 6611(e) shall be applied by
substituting `90 days' for `45 days' each place it
appears.''.
(2) <<NOTE: 26 USC 5041 note.>> Effective date.--The
amendments made by this subsection shall apply to wine removed
after December 31, 2022.
(d) Information Reporting in Case of Assignment of Lower Rates or
Refunds by Foreign Producers of Beer, Wine, and Distilled Spirits.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6038D the
following new section:
``SEC. 6038E. <<NOTE: 26 USC 6038E.>> INFORMATION WITH RESPECT TO
ASSIGNMENT OF LOWER RATES OR REFUNDS BY
FOREIGN PRODUCERS OF BEER, WINE, AND
DISTILLED SPIRITS.
``Any foreign producer that elects to make an assignment described
in section 5001(c), 5041(c), or 5051(a) shall provide such information,
at such time and in such manner, as the Secretary may prescribe in order
to make such assignment, including information about the controlled
group structure of such foreign producer.''.
(2) Clerical amendment.--Table of sections for subpart A of
part III of subchapter A of chapter 61 <<NOTE: 26 USC 6031
prec.>> is amended by inserting after the item relating to
section 6038D the following new item:
``Sec. 6038E. Information with respect to assignment of lower rates or
refunds by foreign producers of beer, wine, and distilled
spirits.''.
(3) <<NOTE: Applicability. 26 USC 6038E note.>> Effective
date.--The amendments made by this subsection shall apply to
elections to make an assignment under section 5001(c), 5041(c),
or 5051(a) of the Internal Revenue Code of 1986 after December
31, 2020.
(e) <<NOTE: Coordination. 26 USC 5001 note.>> Administration of
Refunds.--The Secretary of the Treasury (or the Secretary's delegate
within the Department of the Treasury) shall implement and administer
sections 5001(c)(4), 5041(c)(7), and 5051(a)(6) of the Internal Revenue
Code of 1986, as added by this Act, in coordination with the United
States Customs and Border Protection of the Department of Homeland
Security.
(f) <<NOTE: Requirement. 26 USC 5001 note.>> Regulations.--The
Secretary of the Treasury (or the Secretary's delegate within the
Department of the Treasury) shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of this section,
including regulations to require foreign producers to provide
information necessary to
[[Page 134 STAT. 3049]]
enforce the volume limitations under sections 5001(c), 5041(c), and
5051(a) of such Code.
(g) <<NOTE: Coordination. Public information.>> Report.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of the Treasury (or the Secretary's delegate within the Department of
the Treasury) shall, in coordination with the United States Customs and
Border Protection of the Department of Homeland Security, prepare,
submit to Congress, and make publicly available a report detailing the
plans for implementing and administering sections 5001(c)(4),
5041(c)(7), and 5051(a)(6) of such Code, as added by this Act.
SEC. 108. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY
PRODUCED BEER, WINE, AND SPIRITS.
(a) In General.--Subpart E of part I of subchapter A of chapter 51
is amended by redesignating section 5067 <<NOTE: 26 USC 5068.>> as
section 5068 and by inserting after section 5066 the following new
section:
``SEC. 5067. <<NOTE: 26 USC 5067.>> REDUCED RATES NOT ALLOWED FOR
SMUGGLED OR ILLEGALLY PRODUCED BEER,
WINE, OR SPIRITS.
``In the case of beer, wine, or distilled spirits that are smuggled
into the United States or produced other than as authorized by this
chapter--
``(1) the rates of tax under paragraphs (1)(A)(i) and (2) of
section 5051(a) shall not apply in the case of any such beer,
``(2) the credit under section 5041(c) shall not apply in
the case of any such wine, and
``(3) the rates of tax under section 5001(c) shall not apply
in the case of any such distilled spirits.''.
(b) Clerical Amendment.--The table of sections for subpart E of part
I of subchapter A of chapter 51 <<NOTE: 26 USC 5061 prec.>> is amended
by striking the last item and inserting the following new items:
``Sec. 5067. Reduced rates not allowed for illegally produced beer,
wine, or spirits.
``Sec. 5068. Cross reference.''.
(c) <<NOTE: 26 USC 5067 note.>> Effective Date.--The amendments
made by this section shall apply to beer, wine, or distilled spirits, as
the case may be, produced after the date of the enactment of this Act.
SEC. 109. MINIMUM PROCESSING REQUIREMENTS FOR REDUCED DISTILLED
SPIRITS RATES.
(a) In General.--Section 5001(c), as amended by the preceding
provisions of this Act, is amended by adding at the end the following:
``(5) Processed distilled spirits.--A distilled spirit shall
not be treated as processed for purposes of this subsection
unless a process described in section 5002(a)(5)(A) (other than
bottling) is performed with respect to such distilled spirit.''.
(b) <<NOTE: 26 USC 5001 note.>> Effective Date.--The amendment made
by this section shall apply to distilled spirits removed after December
31, 2021.
SEC. 110. MODIFICATION OF SINGLE TAXPAYER RULES.
(a) Beer.--Section 5051(a)(5)(C) <<NOTE: 26 USC 5051.>> is amended
by striking ``marketed under a similar brand, license'' and inserting
``under a license''.
(b) Wine.--For single taxpayer rules relating to wine, see cross
reference under section 5041(c)(3) of the Internal Revenue Code of 1986,
as redesignated by this Act.
[[Page 134 STAT. 3050]]
(c) Distilled Spirits.--
(1) In general.--Section 5001(c)(2)(D) <<NOTE: 26 USC
5001.>> is amended by striking ``marketed under a similar
brand, license'' and inserting ``under a license''.
(2) Application to processors.--Section 5001(c)(2)(D) is
further amended by inserting ``or process'' after ``that
produce''.
(d) <<NOTE: 26 USC 5001 note.>> Effective Date.--The amendments
made by this section shall apply to beer, wine, and distilled spirits
removed after December 31, 2020.
Subtitle B--Certain Provisions Extended Through 2025
SEC. 111. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS.
(a) In General.--Section 954(c)(6)(C) is amended by striking
``January 1, 2021'' and inserting ``January 1, 2026''.
(b) <<NOTE: Applicability. 26 USC 954 note.>> Effective Date.--The
amendment made by this section shall apply to taxable years of foreign
corporations beginning after December 31, 2020, and to taxable years of
United States shareholders with or within which such taxable years of
foreign corporations end.
SEC. 112. NEW MARKETS TAX CREDIT.
(a) In General.--Section 45D(f)(1)(H) is amended by striking
``2020'' and inserting ``for each of calendar years 2020 through 2025''.
(b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended by
striking ``2025'' and inserting ``2030''.
(c) <<NOTE: 26 USC 45D note.>> Effective Date.--The amendments made
by this section shall apply to calendar years beginning after December
31, 2020.
SEC. 113. WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(c)(4) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2025''.
(b) <<NOTE: 26 USC 51 note.>> Effective Date.--The amendment made
by this section shall apply to individuals who begin work for the
employer after December 31, 2020.
SEC. 114. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) is amended by striking
``January 1, 2021'' both places it appears and inserting ``January 1,
2026''.
(b) Modification of Maximum Acquisition Indebtedness Taken Into
Account.--Section 108(h)(2) is amended by striking `` $2,000,000 (
$1,000,000'' and inserting `` $750,000 ( $375,000''.
(c) <<NOTE: 26 USC 108 note.>> Effective Date.--The amendments made
by this section shall apply to discharges of indebtedness after December
31, 2020.
SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by striking
``December 31, 2020'' and inserting ``December 31, 2025''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2020.
[[Page 134 STAT. 3051]]
SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
(a) Extension.--Section 181(g) <<NOTE: 26 USC 181.>> is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2025''.
(b) <<NOTE: 26 USC 181 note.>> Effective Date.--The amendment made
by this section shall apply to productions commencing after December 31,
2020.
SEC. 117. OIL SPILL LIABILITY TRUST FUND RATE.
(a) In General.--Section 4611(f)(2) is amended by striking
``December 31, 2020'' and inserting ``December 31, 2025''.
(b) <<NOTE: 26 USC 4611 note.>> Effective Date.--The amendment made
by this section shall apply on and after January 1, 2021.
SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Section 1391(d)(1)(A)(i) is amended by striking
``December 31, 2020'' and inserting ``December 31, 2025''.
(b) Termination of Increase in Expensing Under Section 179.--Section
1397A is amended by adding at the end the following new subsection:
``(c) Termination.--This section shall not apply to any property
placed in service in taxable years beginning after December 31, 2020.''.
(c) Termination of Nonrecognition of Gain on Rollover of Empowerment
Zone Investments.--Section 1397B is amended by adding at the end the
following new subsection:
``(c) Termination.--This section shall not apply to sales in taxable
years beginning after December 31, 2020.''.
(d) <<NOTE: 26 USC 1391 note.>> Treatment of Certain Termination
Dates Specified in Nominations.--In the case of a designation of an
empowerment zone the nomination for which included a termination date
which is contemporaneous with the date specified in subparagraph (A)(i)
of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
before the enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after the date of
the enactment of this section, the entity which made such nomination
amends the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary's designee)
may provide.
(e) <<NOTE: 26 USC 1391 note.>> Effective Date.--The amendments
made by this section shall apply to taxable years beginning after
December 31, 2020.
SEC. 119. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--Section 45S(i) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2025''.
(b) <<NOTE: 26 USC 45S note.>> Effective Date.--The amendment made
by this section shall apply to wages paid in taxable years beginning
after December 31, 2020.
SEC. 120. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT
LOANS.
(a) In General.--Section 127(c)(1)(B) is amended by striking
``January 1, 2021'' and inserting ``January 1, 2026''.
(b) <<NOTE: 26 USC 127 note.>> Effective Date.--The amendment made
by this section shall apply to payments made after December 31, 2020.
SEC. 121. EXTENSION OF CARBON OXIDE SEQUESTRATION CREDIT.
Section 45Q(d)(1) is amended by striking ``January 1, 2024'' and
inserting ``January 1, 2026''.
[[Page 134 STAT. 3052]]
Subtitle C--Extension of Certain Other Provisions
SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section
45(d) <<NOTE: 26 USC 45.>> are each amended by striking ``January 1,
2021'' each place it appears and inserting ``January 1, 2022'':
(1) Paragraph (1).
(2) Paragraph (2)(A).
(3) Paragraph (3)(A).
(4) Paragraph (4)(B).
(5) Paragraph (6).
(6) Paragraph (7).
(7) Paragraph (9).
(8) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
2021'' and inserting ``January 1, 2022''.
(c) Conforming Amendments Related to Application of Phaseout
Percentage.--
(1) Section 45(b)(5)(D) is amended by striking ``January 1,
2021'' and inserting ``January 1, 2022''.
(2) Section 48(a)(5)(E)(iv) is amended by striking ``January
1, 2021'' and inserting ``January 1, 2022''.
(d) <<NOTE: 26 USC 45 note.>> Effective Date.--The amendments made
by this section shall take effect on January 1, 2021.
SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.
(a) Extensions.--Section 48 is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)(i)(II), by striking
``January 1, 2022'' and inserting ``January 1, 2024'',
and
(B) in paragraph (3)(A)--
(i) in clause (ii), by striking ``January 1,
2022'' and inserting ``January 1, 2024'', and
(ii) in clause (vii), by striking ``January 1,
2022'' and inserting ``January 1, 2024'', and
(2) in subsection (c)--
(A) in paragraph (1)(D), by striking ``January 1,
2022'' and inserting ``January 1, 2024'',
(B) in paragraph (2)(D), by striking ``January 1,
2022'' and inserting ``January 1, 2024'',
(C) in paragraph (3)(A)(iv), by striking ``January
1, 2022'' and inserting ``January 1, 2024'', and
(D) in paragraph (4)(C), by striking ``January 1,
2022'' and inserting ``January 1, 2024''.
(b) Phaseouts.--
(1) Solar energy property.--Section 48(a)(6) is amended--
(A) in subparagraph (A)--
(i) by striking ``January 1, 2022, the energy
percentage'' and inserting ``January 1, 2024, the
energy percentage'',
(ii) in clause (i), by striking ``January 1,
2021'' and inserting ``January 1, 2023'', and
[[Page 134 STAT. 3053]]
(iii) in clause (ii), by striking ``after
December 31, 2020, and before January 1, 2022''
and inserting ``after December 31, 2022, and
before January 1, 2024'', and
(B) in subparagraph (B), by striking ``begins before
January 1, 2022, and which is not placed in service
before January 1, 2024'' and inserting ``begins before
January 1, 2024, and which is not placed in service
before January 1, 2026''.
(2) Fiber-optic solar, qualified fuel cell, and qualified
small wind energy property.--Section 48(a)(7) <<NOTE: 26 USC
48.>> is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``January 1,
2021'' and inserting ``January 1, 2023'', and
(ii) in clause (ii), by striking ``after
December 31, 2020, and before January 1, 2022''
and inserting ``after December 31, 2022, and
before January 1, 2024'', and
(B) in subparagraph (B), by striking ``January 1,
2024'' and inserting ``January 1, 2026''.
(c) <<NOTE: 26 USC 48 note.>> Effective Date.--The amendments made
by this section shall take effect on January 1, 2020.
SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
RESIDENCE INTEREST.
(a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking
``December 31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 163 note.>> Effective Date.--The amendment made
by this section shall apply to amounts paid or accrued after December
31, 2020.
SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 35(b)(1)(B) is amended by striking
``January 1, 2021'' and inserting ``January 1, 2022''.
(b) <<NOTE: 26 USC 35 note.>> Effective Date.--The amendment made
by this section shall apply to months beginning after December 31, 2020.
SEC. 135. INDIAN EMPLOYMENT CREDIT.
(a) In General.--Section 45A(f) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 45A note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 45N note.>> Effective Date.--The amendment made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR
PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2021'' in subclause (I) and
inserting ``January 1, 2022'', and
(2) by striking ``December 31, 2020'' in subclause (II) and
inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendments made
by this section shall apply to property placed in service after December
31, 2020.
[[Page 134 STAT. 3054]]
SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
RESERVATIONS.
(a) In General.--Section 168(j)(9) <<NOTE: 26 USC 168.>> is amended
by striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2020.
SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119(d) of division A of the Tax Relief and
Health Care Act of 2006 <<NOTE: 26 USC 30A note.>> is amended--
(1) by striking ``January 1, 2021'' each place it appears
and inserting ``January 1, 2022'',
(2) by striking ``first 15 taxable years'' in paragraph (1)
and inserting ``first 16 taxable years'', and
(3) by striking ``first 9 taxable years'' in paragraph (2)
and inserting ``first 10 taxable years''.
(b) <<NOTE: 26 USC 30A note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by striking
``January 1, 2021'' and inserting ``January 1, 2022''.
(b) <<NOTE: 26 USC 40 note.>> Effective Date.--The amendment made
by this section shall apply to qualified second generation biofuel
production after December 31, 2020.
SEC. 141. NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 25C note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2020.
SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 30B note.>> Effective Date.--The amendment made
by this section shall apply to property purchased after December 31,
2020.
SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 30C note.>> Effective Date.--The amendment made
by this section shall apply to property placed in service after December
31, 2020.
SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
``January 1, 2021'' and inserting ``January 1, 2022''.
(b) <<NOTE: 26 USC 30D note.>> Effective Date.--The amendment made
by this section shall apply to vehicles acquired after December 31,
2020.
SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by striking ``15-
year period'' each place it appears and inserting ``16-year period''.
(b) <<NOTE: 26 USC 45 note.>> Effective Date.--The amendments made
by this section shall apply to coal produced after December 31, 2020.
[[Page 134 STAT. 3055]]
SEC. 146. ENERGY EFFICIENT HOMES CREDIT.
(a) In General.--Section 45L(g) <<NOTE: 26 USC 45L.>> is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 45L note.>> Effective Date.--The amendment made
by this section shall apply to homes acquired after December 31, 2020.
SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE
FUELS.
(a) In General.--Sections 6426(d)(5) and 6426(e)(3) are each amended
by striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(b) Outlay Payments for Alternative Fuels.--Section 6427(e)(6)(C) is
amended by striking ``December 31, 2020'' and inserting ``December 31,
2021''.
(c) <<NOTE: 26 USC 6426 note.>> Effective Date.--The amendments
made by this subsection shall apply to fuel sold or used after December
31, 2020.
SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY
CREDIT AND INCLUSION OF BIOMASS FUEL
PROPERTY EXPENDITURES.
(a) Extension.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2021'' and inserting ``December 31, 2023''.
(2) Phasedown.--Section 25D(g) is amended--
(A) by striking ``January 1, 2021'' in paragraph (2)
and inserting ``January 1, 2023'', and
(B) by striking ``after December 31, 2020, and
before January 1, 2022'' in paragraph (3) and inserting
``after December 31, 2022, and before January 1, 2024''.
(b) Qualified Biomass Fuel Property Expenditures.--
(1) In general.--Section 25D(a) is amended by striking
``and'' at the end of paragraph (4), by inserting ``and'' at the
end of paragraph (5), and by inserting after paragraph (5) the
following new paragraph:
``(6) the qualified biomass fuel property expenditures,
and''.
(2) <<NOTE: Definitions.>> Qualified biomass fuel property
expenditures defined.--Section 25D(d) is amended by adding at
the end the following new paragraph:
``(6) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for
property--
``(i) which uses the burning of biomass fuel
to heat a dwelling unit located in the United
States and used as a residence by the taxpayer, or
to heat water for use in such a dwelling unit, and
``(ii) which has a thermal efficiency rating
of at least 75 percent (measured by the higher
heating value of the fuel).
``(B) Biomass fuel.--For purposes of this section,
the term `biomass fuel' means any plant-derived fuel
available on a renewable or recurring basis.''.
(3) Denial of double benefit for biomass stoves.--
(A) In general.--Section 25C(d)(3) is amended by
adding ``and'' at the end of subparagraph (C), by
striking ``, and'' at the end of subparagraph (D) and
inserting a period, and by striking subparagraph (E).
[[Page 134 STAT. 3056]]
(B) <<NOTE: 26 USC 35C.>> Conforming amendment.--
Section 25C(d) is amended by striking paragraph (6).
(c) Effective Date.--
(1) <<NOTE: 26 USC 25D note.>> Extension.--The amendments
made by subsection (a) shall apply to property placed in service
after December 31, 2020.
(2) <<NOTE: 26 USC 25C note.>> Qualified biomass fuel
property expenditures.--The amendments made by subsection (b)
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2020.
SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
(a) In General.--Section 4121(e)(2)(A) is amended by striking
``December 31, 2020'' and inserting ``December 31, 2021''.
(b) <<NOTE: 26 USC 4121 note.>> Effective Date.--The amendment made
by this section shall apply to sales after December 31, 2020.
TITLE II--OTHER PROVISIONS
SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.
(a) In General.--Subsection (b) of section 42 is amended--
(1) by redesignating paragraph (3) as paragraph (4), and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Minimum credit rate.--In the case of any new or
existing building to which paragraph (2) does not apply and
which is placed in service by the taxpayer after December 31,
2020, the applicable percentage shall not be less than 4
percent.''.
(b) <<NOTE: Applicability. 26 USC 42 note.>> Effective Date.--The
amendments made by this section shall apply to--
(1) any building which receives an allocation of housing
credit dollar amount after December 31, 2020, and
(2) in the case of any building any portion of which is
financed with an obligation described in section 42(h)(4)(A),
any such building if any such obligation which so finances such
building is issued after December 31, 2020.
SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY OVER
30-YEAR PERIOD.
Section 13204(b) of Public Law 115-97 <<NOTE: 26 USC 168 note.>> is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'', and
(2) by adding at the end the following:
``(3) Certain residential rental property.--In the case of
any residential rental property--
``(A) which was placed in service before January 1,
2018,
``(B) which is held by an electing real property
trade or business (as defined in section 163(j)(7)(B) of
the Internal Revenue Code of 1986), and
``(C) for which subparagraph (A), (B), (C), (D), or
(E) of section 168(g)(1) of the Internal Revenue Code of
1986 did not apply prior to such date,
the amendments made by subsection (a)(3)(C) shall apply to
taxable years beginning after December 31, 2017.''.
[[Page 134 STAT. 3057]]
SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY
CREDIT.
(a) <<NOTE: 26 USC 48.>> In General.--Section 48(a)(3)(A) is
amended by striking ``or'' at the end of clause (vi), by inserting
``or'' at the end of clause (vii), and by adding at the end the
following new clause:
``(viii) waste energy recovery property,''.
(b) Application of 30 Percent Credit.--Section 48(a)(2)(A)(i) is
amended by striking ``and'' at the end of subclause (III) and by adding
at the end the following new subclause:
``(V) waste energy recovery
property, and''.
(c) Application of Phaseout.--Section 48(a)(7) is amended--
(1) by inserting ``waste energy recovery property,'' after
``qualified small wind property,'', and
(2) by striking ``fiber-optic solar, qualified fuel cell,
and qualified small wind'' in the heading thereof and inserting
``certain other''.
(d) Definition.--Section 48(c) is amended by adding at the end the
following new paragraphs:
``(5) Waste energy recovery property.--
``(A) In general.--The term `waste energy recovery
property' means property that generates electricity
solely from heat from buildings or equipment if the
primary purpose of such building or equipment is not the
generation of electricity.
``(B) Capacity limitation.--The term `waste energy
recovery property' shall not include any property which
has a capacity in excess of 50 megawatts.
``(C) No double benefit.--Any waste energy recovery
property (determined without regard to this
subparagraph) which is part of a system which is a
combined heat and power system property shall not be
treated as waste energy recovery property for purposes
of this section unless the taxpayer elects to not treat
such system as a combined heat and power system property
for purposes of this section.
``(D) Termination.--The term `waste energy recovery
property' shall not include any property the
construction of which does not begin before January 1,
2024.''.
(e) <<NOTE: Applicability. 26 USC 48 note.>> Effective Date.--The
amendments made by this section shall apply to periods after December
31, 2020, under rules similar to the rules of section 48(m) as in effect
on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990.
SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND FACILITIES.
(a) In General.--Section 48(a)(5) is amended by adding at the end
the following new subparagraph:
``(F) Qualified offshore wind facilities.--
``(i) In general.--In the case of any
qualified offshore wind facility--
``(I) subparagraph (C)(ii) shall be
applied by substituting `January 1,
2026' for `January 1, 2022',
``(II) subparagraph (E) shall not
apply, and
``(III) for purposes of this
paragraph, section 45(d)(1) shall be
applied by substituting `January 1,
2026'' for `January 1, 2022'.
[[Page 134 STAT. 3058]]
``(ii) Qualified offshore wind facility.--For
purposes of this subparagraph, the term `qualified
offshore wind facility' means a qualified facility
(within the meaning of section 45) described in
paragraph (1) of section 45(d) (determined without
regard to any date by which the construction of
the facility is required to begin) which is
located in the inland navigable waters of the
United States or in the coastal waters of the
United States.''.
(b) <<NOTE: 26 USC 48 note.>> Effective Date.--The amendment made
by this section shall apply to periods after December 31, 2016, under
rules similar to the rules of section 48(m) of the Internal Revenue Code
of 1986 (as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).
SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS
RELATED TO LIFE INSURANCE CONTRACTS.
(a) Modification of Minimum Rate for Purposes of Cash Value
Accumulation Test.--
(1) In general.--Section 7702(b)(2)(A) <<NOTE: 26 USC
7702.>> is amended by striking ``an annual effective rate of 4
percent'' and inserting ``the applicable accumulation test
minimum rate''.
(2) Applicable accumulation test minimum rate.--Section
7702(b) is amended by adding at the end the following new
paragraph:
``(3) <<NOTE: Definition.>> Applicable accumulation test
minimum rate.--For purposes of paragraph (2)(A), the term
`applicable accumulation test minimum rate' means the lesser
of--
``(A) an annual effective rate of 4 percent, or
``(B) the insurance interest rate (as defined in
subsection (f)(11)) in effect at the time the contract
is issued.''.
(b) Modification of Minimum Rate for Purposes of Guideline Premium
Requirements.--
(1) In general.--Section 7702(c)(3)(B)(iii) is amended by
striking ``an annual effective rate of 6 percent'' and inserting
``the applicable guideline premium minimum rate''.
(2) Applicable guideline premium minimum rate.--Section
7702(c)(3) is amended by adding at the end the following new
subparagraph:
``(E) <<NOTE: Definition.>> Applicable guideline
premium minimum rate.--For purposes of subparagraph
(B)(iii), the term `applicable guideline premium minimum
rate' means the applicable accumulation test minimum
rate (as defined in subsection (b)(3)) plus 2 percentage
points.''.
(c) Application of Modified Minimum Rates to Determination of
Guideline Level Premium.--Section 7702(c)(4) is amended--
(1) by striking ``4 percent'' and inserting ``the applicable
accumulation test minimum rate'', and
(2) by striking ``6 percent'' and inserting ``the applicable
guideline premium minimum rate''.
(d) <<NOTE: Definitions.>> Insurance Interest Rate.--Section
7702(f) is amended by adding at the end the following new paragraph:
``(11) Insurance interest rate.--For purposes of this
section--
[[Page 134 STAT. 3059]]
``(A) In general.--The term `insurance interest
rate' means, with respect to any contract issued in any
calendar year, the lesser of--
``(i) the section 7702 valuation interest rate
for such calendar year (or, if such calendar year
is not an adjustment year, the most recent
adjustment year), or
``(ii) the section 7702 applicable Federal
interest rate for such calendar year (or, if such
calendar year is not an adjustment year, the most
recent adjustment year).
``(B) Section 7702 valuation interest rate.--The
term `section 7702 valuation interest rate' means, with
respect to any adjustment year, the prescribed U.S.
valuation interest rate for life insurance with
guaranteed durations of more than 20 years (as defined
in the National Association of Insurance Commissioners'
Standard Valuation Law) as effective in the calendar
year immediately preceding such adjustment year.
``(C) Section 7702 applicable federal interest
rate.--The <<NOTE: Time period.>> term `section 7702
applicable Federal interest rate' means, with respect to
any adjustment year, the average (rounded to the nearest
whole percentage point) of the applicable Federal mid-
term rates (as defined in section 1274(d) but based on
annual compounding) effective as of the beginning of
each of the calendar months in the most recent 60-month
period ending before the second calendar year prior to
such adjustment year.
``(D) Adjustment year.--The term `adjustment year'
means the calendar year following any calendar year that
includes the effective date of a change in the
prescribed U.S. valuation interest rate for life
insurance with guaranteed durations of more than 20
years (as defined in the National Association of
Insurance Commissioners' Standard Valuation Law).
``(E) <<NOTE: Effective dates.>> Transition rule.--
Notwithstanding subparagraph (A), the insurance interest
rate shall be 2 percent in the case of any contract
which is issued during the period that--
``(i) begins on January 1, 2021, and
``(ii) <<NOTE: Termination date.>> ends
immediately before the beginning of the first
adjustment year that beings after December 31,
2021.''.
(e) <<NOTE: 26 USC 7702 note.>> Effective Date.--The amendments
made by this section shall apply to contracts issued after December 31,
2020.
SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO CARES ACT
EMPLOYEE RETENTION CREDIT.
(a) Gross Receipts of Tax-exempt Organizations.--Section
2301(c)(2)(C) of the CARES Act <<NOTE: Ante, p. 347.>> is amended--
(1) by striking ``of such Code, clauses (i) and (ii)(I)''
and inserting ``of such Code--
``(i) clauses (i) and (ii)(I)'',
(2) by striking the period at the end and inserting ``,
and'', and
(3) by adding at the end the following new clause:
[[Page 134 STAT. 3060]]
``(ii) any reference in this section to gross
receipts shall be treated as a reference to gross
receipts within the meaning of section 6033 of
such Code.''.
(b) Modification of Treatment of Health Plan Expenses.--Section
2301(c) of the CARES Act is amended--
(1) by striking subparagraph (C) of paragraph (3), and
(2) in paragraph (5)--
(A) by striking ``The term'' and inserting the
following:
``(A) In general.--The term'', and
(B) by adding at the end the following new
subparagraph:
``(B) Allowance for certain health plan expenses.--
``(i) In general.--Such term shall include
amounts paid by the eligible employer to provide
and maintain a group health plan (as defined in
section 5000(b)(1) of the Internal Revenue Code of
1986), but only to the extent that such amounts
are excluded from the gross income of employees by
reason of section 106(a) of such Code.
``(ii) Allocation rules.--For purposes of this
section, amounts treated as wages under clause (i)
shall be treated as paid with respect to any
employee (and with respect to any period) to the
extent that such amounts are properly allocable to
such employee (and to such period) in such manner
as the Secretary may prescribe. Except as
otherwise provided by the Secretary, such
allocation shall be treated as properly made if
made on the basis of being pro rata among periods
of coverage.''.
(c) Improved Coordination Between Paycheck Protection Program and
Employee Retention Tax Credit.--
(1) Amendment to paycheck protection program.--Section
7A(a)(12) of the Small Business Act, as redesignated,
transferred, and amended by the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, <<NOTE: 15 USC 636m.>>
is amended by adding at the end the following: ``Such payroll
costs shall not include qualified wages taken into account in
determining the credit allowed under section 2301 of the CARES
Act or qualified wages taken into account in determining the
credit allowed under subsection (a) or (d) of section 303 of the
Taxpayer Certainty and Disaster Relief Act of 2020.''.
(2) Amendments to employee retention tax credit.--
(A) In general.--Section 2301(g) of the CARES Act
is <<NOTE: Ante, p. 350.>> amended to read as follows:
``(g) Election to Not Take Certain Wages Into Account.--
``(1) In general.--This section shall not apply to so much
of the qualified wages paid by an eligible employer as such
employer elects (at such time and in such manner as the
Secretary may prescribe) to not take into account for purposes
of this section.
``(2) Coordination with paycheck protection program.--
The <<NOTE: Consultation.>> Secretary, in consultation with the
Administrator of the Small Business Administration, shall issue
guidance providing that payroll costs paid during the covered
period shall not fail to be treated as qualified wages under
this section by reason of an election under paragraph (1) to the
extent
[[Page 134 STAT. 3061]]
that a covered loan of the eligible employer is not forgiven by
reason of a decision under section 7A(g) of the Small Business
Act. Terms used in the preceding sentence which are also used in
section 7A of the Small Business Act shall have the same meaning
as when used in such section.''.
(B) Conforming amendments.--
(i) Section 2301 of the CARES
Act <<NOTE: Ante, p. 350.>> is amended by
striking subsection (j).
(ii) Section 2301(l) of the CARES
Act <<NOTE: Ante, p. 350.>> is amended by
striking paragraph (3) and by redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
(d) Regulations and Guidance.--Section 2301(l) of the CARES Act, as
amended by subsection (c)(2)(B)(ii), is amended by striking ``and'' at
the end of paragraph (3), by striking the period at the end of paragraph
(4) and inserting ``, and'', and by adding at the end the following new
paragraph:
``(5) to prevent the avoidance of the purposes of the
limitations under this section, including through the leaseback
of employees.''.
(e) <<NOTE: 26 USC 3111 note.>> Effective Date.--
(1) In general.--The amendments made by this section shall
take effect as if included in the provisions of the CARES Act to
which they relate.
(2) Special rule.--
(A) In general.--For purposes of section 2301 of the
CARES Act, an employer who has filed a return of tax
with respect to applicable employment taxes (as defined
in section 2301(c)(1) of division A of such Act) before
the date of the enactment of this Act may elect (in such
manner as the Secretary of the Treasury (or the
Secretary's delegate) shall prescribe) to treat any
applicable amount as an amount paid in the calendar
quarter which includes the date of the enactment of this
Act.
(B) <<NOTE: Definition.>> Applicable amount.--For
purposes of subparagraph (A), the term ``applicable
amount'' means the amount of wages which--
(i) are--
(I) described in section
2301(c)(5)(B) of the CARES Act, as added
by the amendments made by subsection
(b), or
(II) permitted to be treated as
qualified wages under guidance issued
pursuant to section 2301(g)(2) of the
CARES Act (as added by subsection (c)),
and
(ii) were--
(I) <<NOTE: Time period.>> paid in
a calendar quarter beginning after
December 31, 2019, and before October 1,
2020, and
(II) not taken into account by the
taxpayer in calculating the credit
allowed under section 2301(a) of
division A of such Act for such calendar
quarter.
SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION AND
REHIRING TAX CREDIT.
(a) Extension.--
[[Page 134 STAT. 3062]]
(1) In general.--Section 2301(m) of the CARES
Act <<NOTE: Ante, p. 351.>> is amended by striking ``January 1,
2021'' and inserting ``July 1, 2021''.
(2) Conforming amendment.--Section 2301(c)(2)(A)(i) of the
CARES Act <<NOTE: Ante, p. 348.>> is amended by striking
``during calendar year 2020'' and inserting ``during the
calendar quarter for which the credit is determined under
subsection (a)''.
(b) Increase in Credit Percentage.--Section 2301(a) <<NOTE: Ante, p.
347.>> of the CARES Act is amended by striking ``50 percent'' and
inserting ``70 percent''.
(c) Increase in Per Employee Limitation.--Section 2301(b)(1) of the
CARES Act <<NOTE: Ante, p. 347.>> is amended by striking ``for all
calendar quarters shall not exceed $10,000'' and inserting ``for any
calendar quarter shall not exceed $10,000''.
(d) Modifications to Definition of Eligible Employer.--
(1) Decrease in reduction in gross receipts necessary to
qualify as eligible employer.--
(A) In general.--Section 2301(c)(2)(A)(ii)(II) of
the CARES Act is amended to read as follows:
``(II) the gross receipts (within
the meaning of section 448(c) of the
Internal Revenue Code of 1986) of such
employer for such calendar quarter are
less than 80 percent of the gross
receipts of such employer for the same
calendar quarter in calendar year
2019.''.
(B) Application to employers not in existence in
2019.--Section 2301(c)(2)(A) of the CARES Act, as
amended by subparagraph (A), is amended by adding at the
end the following new flush sentence:
``With <<NOTE: Applicability.>> respect to any employer for any
calendar quarter, if such employer was not in existence as of the
beginning of the same calendar quarter in calendar year 2019, clause
(ii)(II) shall be applied by substituting `2020' for `2019'.''.
(2) Election to determine gross receipts test based on prior
quarter.--
(A) In general.--Subparagraph (B) of section
2301(c)(2) of the CARES Act is amended to read as
follows:
``(B) <<NOTE: Applicability.>> Election to use
alternative quarter.--At the election of the employer--
``(i) subparagraph (A)(ii)(II) shall be
applied--
``(I) by substituting `for the
immediately preceding calendar quarter'
for `for such calendar quarter', and
``(II) by substituting `the
corresponding calendar quarter in
calendar year 2019' for `the same
calendar quarter in calendar year 2019',
and
``(ii) the last sentence of subparagraph (A)
shall be applied by substituting `the
corresponding calendar quarter in calendar year
2019' for `the same calendar quarter in calendar
year 2019'.
An election under this subparagraph shall be made at
such time and in such manner as the Secretary shall
prescribe.''.
(B) Conforming amendment.--Section 2301(l) of the
CARES Act, as amended by section 206, is amended by
inserting ``and'' at the end of paragraph (3), by
striking
[[Page 134 STAT. 3063]]
paragraph (4), and by redesignating paragraph (5) as
paragraph (4).
(3) Application to certain governmental employers.--
(A) In general.--Section 2301(f) of the
CARES <<NOTE: Ante, p. 349.>> Act is amended--
(i) by striking ``This'' and inserting the
following:
``(1) In general.--This'', and
(ii) by adding at the end the following new
paragraph:
``(2) Exception.--Paragraph (1) shall not apply to--
``(A) any organization described in section
501(c)(1) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code, or
``(B) any entity described in paragraph (1) if --
``(i) such entity is a college or university,
or
``(ii) the principal purpose or function of
such entity is providing medical or hospital care.
In the case of any entity described in subparagraph (B),
such entity shall be treated as satisfying the
requirements of subsection (c)(2)(A)(i).''.
(B) Conforming amendment.--Section 2301(c)(5)(A) of
the CARES Act, as amended by section 206(b)(2), is
amended by adding at the end the following new sentence:
``For <<NOTE: Determination.>> purposes of the
preceding sentence, in the case of any organization or
entity described in subsection (f)(2), wages as defined
in section 3121(a) of the Internal Revenue Code of 1986
shall be determined without regard to paragraphs (5),
(6), (7), (10), and (13) of section 3121(b) of such Code
(except with respect to services performed in a penal
institution by an inmate thereof).''.
(e) Modification of Determination of Qualified Wages.--
(1) Modification of threshold for treatment as a large
employer.--Section 2301(c)(3)(A) of the CARES Act <<NOTE: Ante,
p. 348.>> is amended by striking ``100'' each place it appears
in clauses (i) and (ii) and inserting ``500''.
(2) Elimination of limitation.--Section 2301(c)(3) of the
CARES Act is amended--
(A) by striking subparagraph (B), and
(B) by striking ``Such term'' in the second sentence
of subparagraph (A) and inserting the following:
``(B) Exception.--The term `qualified wages' ''.
(f) Denial of Double Benefit.--Section 2301(h) of the CARES
Act <<NOTE: Ante, p. 350.>> is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Denial of double benefit.--Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account as wages for purposes of
sections 41, 45A, 45P, 45S, 51, and 1396 of the Internal Revenue
Code of 1986.''.
(2) by redesignating paragraph (3) as paragraph (2).
(g) Advance Payments.--
(1) In general.--Section 2301 of the CARES Act, as amended
by section 206(c)(2)(B)(i), is amended by inserting after
subsection (i) the following new subsection:
``(j) Advance Payments.--
[[Page 134 STAT. 3064]]
``(1) In general.--Except as provided in paragraph (2), no
advance payment of the credit under subsection (a) shall be
allowed.
``(2) Advance payments to small employers.--
``(A) <<NOTE: Regulations.>> In general.--Under
rules provided by the Secretary, an eligible employer
for which the average number of full-time employees
(within the meaning of section 4980H of the Internal
Revenue Code of 1986) employed by such eligible employer
during 2019 was not greater than 500 may elect for any
calendar quarter to receive an advance payment of the
credit under subsection (a) for such quarter in an
amount not to exceed 70 percent of the average quarterly
wages paid by the employer in calendar year 2019.
``(B) Special rule for seasonal employers.--In the
case of any employer who employs seasonal workers (as
defined in section 45R(d)(5)(B) of the Internal Revenue
Code of 1986), the employer may elect to substitute `the
wages for the calendar quarter in 2019 which corresponds
to the calendar quarter to which the election relates'
for `the average quarterly wages paid by the employer in
calendar year 2019'.
``(C) Special rule for employers not in existence in
2019.--In the case of any employer that was not in
existence in 2019, subparagraphs (A) and (B) shall each
be applied by substituting `2020' for `2019' each place
it appears.
``(3) Reconciliation of credit with advance payments.--
``(A) In general.--The amount of credit which would
(but for this subsection) be allowed under this section
shall be reduced (but not below zero) by the aggregate
payment allowed to the taxpayer under paragraph (2). Any
failure to so reduce the credit shall be treated as
arising out of a mathematical or clerical error and
assessed according to section 6213(b)(1) of the Internal
Revenue Code of 1986.
``(B) Excess advance payments.--If the advance
payments to a taxpayer under paragraph (2) for a
calendar quarter exceed the credit allowed by this
section (determined without regard to subparagraph (A)),
the tax imposed by chapter 21 or 22 of the Internal
Revenue Code of 1986 (whichever is applicable) for the
calendar quarter shall be increased by the amount of
such excess.''.
(2) Conforming amendments.--Section 2301(l) of the CARES
Act, as amended by section 206 and subsection (d)(2)(B), is
amended--
(A) by inserting ``as provided in subsection
(j)(2)'' after ``subsection (a)'' in paragraph (1),
(B) by striking paragraph (2), and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(h) Third-party Payors.--Section 2301(l) of the CARES Act, as
amended by section 206 and subsections (d)(2)(B) and (g)(2), is amended
by adding at the end the following flush sentence:
``Any <<NOTE: Requirement.>> forms, instructions, regulations, or
guidance described in paragraph (2) shall require the customer to be
responsible for the accounting of the credit and for any liability for
improperly claimed credits and shall require the certified professional
employer
[[Page 134 STAT. 3065]]
organization or other third party payor to accurately report such tax
credits based on the information provided by the customer.''.
(i) Public Awareness Campaign.--Section 2301 <<NOTE: Ante, p.
347.>> of the CARES Act is amended by adding at the end the following
new subsection:
``(n) Public Awareness Campaign.--
``(1) <<NOTE: Coordination.>> In general.--The Secretary
shall conduct a public awareness campaign, in coordination with
the Administrator of the Small Business Administration, to
provide information regarding the availability of the credit
allowed under this section.
``(2) Outreach.--Under the campaign conducted under
paragraph (1), the Secretary shall--
``(A) provide to all employers which reported not
more than 500 employees on the most recently filed
return of applicable employment taxes a notice about the
credit allowed under this section and the requirements
for eligibility to claim the credit, and
``(B) <<NOTE: Deadline.>> not later than 30 days
after the date of the enactment of this subsection,
provide to all employers educational materials relating
to the credit allowed under this section, including
specific materials for businesses with not more than 500
employees.''.
(j) Coordination With Certain Payroll Protection Program Loans.--
Section 2301(g)(2) of the CARES Act, as added by section 206(c)(2)(A),
is amended by striking ``section 7A(g) of the Small Business Act'' and
all that follows and inserting ``section 7A(g) of the Small Business Act
or the application of section 7(a)(37)(J) of the Small Business Act.
Terms used in the preceding sentence which are also used in section
7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in
connection with either such section, have the same meaning as when used
in such section, respectively.''.
(k) <<NOTE: 26 USC 3111 note.>> Effective Date.--The amendments
made by this section shall apply to calendar quarters beginning after
December 31, 2020.
SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING RETIREMENT.
(a) In General.--Paragraph (36) of section 401(a) <<NOTE: 26 USC
401.>> is amended to read as follows:
``(36) Distributions during working retirement.--
``(A) In general.--A trust forming part of a pension
plan shall not be treated as failing to constitute a
qualified trust under this section solely because the
plan provides that a distribution may be made from such
trust to an employee who has attained age 59\1/2\ and
who is not separated from employment at the time of such
distribution.
``(B) <<NOTE: Applicability.>> Certain employees in
the building and construction industry.--Subparagraph
(A) shall be applied by substituting `age 55' for `age
59\1/2\' in the case of a multiemployer plan described
in section 4203(b)(1)(B)(i) of the Employee Retirement
Income Security Act of 1974, with respect to individuals
who were participants in such plan on or before April
30, 2013, if--
``(i) the trust to which subparagraph (A)
applies was in existence before January 1, 1970,
and
``(ii) <<NOTE: Determination.>> before
December 31, 2011, at a time when the plan
provided that distributions may be made to
[[Page 134 STAT. 3066]]
an employee who has attained age 55 and who is not
separated from employment at the time of such
distribution, the plan received at least 1 written
determination from the Internal Revenue Service
that the trust to which subparagraph (A) applies
constituted a qualified trust under this
section.''.
(b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendment made
by this section shall apply to distributions made before, on, or after
the date of the enactment of this Act.
SEC. 209. <<NOTE: Time period. 26 USC 411 note.>> TEMPORARY RULE
PREVENTING PARTIAL PLAN TERMINATION.
A plan shall not be treated as having a partial termination (within
the meaning of 411(d)(3) of the Internal Revenue Code of 1986) during
any plan year which includes the period beginning on March 13, 2020, and
ending on March 31, 2021, if the number of active participants covered
by the plan on March 31, 2021 is at least 80 percent of the number of
active participants covered by the plan on March 13, 2020.
SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS
MEALS.
(a) In General.--Section 274(n)(2) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 274.>> is amended by striking ``or'' at the end of
subparagraph (B), by striking the period at the end of subparagraph
(C)(iv) and inserting ``, or'', and by inserting after subparagraph (C)
the following new subparagraph:
``(D) such expense is--
``(i) for food or beverages provided by a
restaurant, and
``(ii) paid or incurred before January 1,
2023.''.
(b) <<NOTE: 26 USC 274 note.>> Effective Date.--The amendments made
by this section shall apply to amounts paid or incurred after December
31, 2020.
SEC. 211. <<NOTE: 26 USC 32 note.>> TEMPORARY SPECIAL RULE FOR
DETERMINATION OF EARNED INCOME.
(a) In General.--If the earned income of the taxpayer for the
taxpayer's first taxable year beginning in 2020 is less than the earned
income of the taxpayer for the preceding taxable year, the credits
allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986
may, at the election of the taxpayer, be determined by substituting--
(1) such earned income for the preceding taxable year, for
(2) such earned income for the taxpayer's first taxable year
beginning in 2020.
(b) Earned Income.--
(1) In general.--For purposes of this section, the term
``earned income'' has the meaning given such term under section
32(c) of the Internal Revenue Code of 1986.
(2) Application to joint returns.--For purposes of
subsection (a), in the case of a joint return, the earned income
of the taxpayer for the preceding taxable year shall be the sum
of the earned income of each spouse for such preceding taxable
year.
(c) Special Rules.--
(1) Errors treated as mathematical error.--For purposes of
section 6213 of the Internal Revenue Code of 1986,
[[Page 134 STAT. 3067]]
an incorrect use on a return of earned income pursuant to
subsection (a) shall be treated as a mathematical or clerical
error.
(2) <<NOTE: Applicability.>> No effect on determination of
gross income, etc.--Except as otherwise provided in this
section, the Internal Revenue Code of 1986 shall be applied
without regard to any substitution under subsection (a).
SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-
ITEMIZERS.
(a) In General.--Section 170 <<NOTE: 26 USC 170.>> is amended by
redesignating subsection (p) as subsection (q) and by inserting after
subsection (o) the following new subsection:
``(p) Special Rule for Taxpayers Who Do Not Elect to Itemize
Deductions.--In the case of any taxable year beginning in 2021, if the
individual does not elect to itemize deductions for such taxable year,
the deduction under this section shall be equal to the deduction, not in
excess of $300 ( $600 in the case of a joint return), which would be
determined under this section if the only charitable contributions taken
into account in determining such deduction were contributions made in
cash during such taxable year (determined without regard to subsections
(b)(1)(G)(ii) and (d)(1)) to an organization described in section
170(b)(1)(A) and not--
``(1) to an organization described in section 509(a)(3), or
``(2) for the establishment of a new, or maintenance of an
existing, donor advised fund (as defined in section
4966(d)(2)).''.
(b) Penalty for Underpayments Attributable to Overstated
Deduction.--
(1) In general.--Section 6662(b) is amended by inserting
after paragraph (8) the following:
``(9) Any overstatement of the deduction provided in section
170(p).''.
(2) Increased penalty.--Section 6662 is amended by adding at
the end the following new subsection:
``(l) Increase in Penalty in Case of Overstatement of Qualified
Charitable Contributions.--In <<NOTE: Applicability.>> the case of any
portion of an underpayment which is attributable to one or more
overstatements of the deduction provided in section 170(p), subsection
(a) shall be applied with respect to such portion by substituting `50
percent' for `20 percent'.''.
(3) Exception to approval of assessment.--Section
6751(b)(2)(A) is amended by striking ``or 6655'' and inserting
``6655, or 6662 (but only with respect to an addition to tax by
reason of subsection (b)(9) thereof)''.
(b) Conforming Amendments.--
(1) Section 63(b) is amended by striking ``and'' at the end
of paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) the deduction provided in section 170(p).''.
(2) Section 63(d) is amended by adding ``and'' at the end of
paragraph (1), by striking paragraphs (2) and (3), and by
inserting after paragraph (1) the following new paragraph:
``(2) any deduction referred to in any paragraph of
subsection (b).''.
[[Page 134 STAT. 3068]]
(c) Repeal of Superseded Provisions.--
(1) In general.--Section 62(a) <<NOTE: 26 USC 62.>> is
amended by striking paragraph (22).
(2) Conforming amendment.--Section 62 is amended by striking
subsection (f).
(d) <<NOTE: 26 USC 62 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2020.
SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS.
(a) In General.--Subsections (a)(3)(A)(i) and (b) of section 2205 of
the CARES Act <<NOTE: Ante, p. 346.>> are each amended by inserting
``or 2021'' after ``2020''.
(b) Conforming Amendment.--The heading of section 2205 of the CARES
Act <<NOTE: Ante, p. 345.>> is amended by striking
``<SUP>modification of limitations on charitable contributions during</SUP>
2020'' and inserting
``<SUP>temporary modification of limitations on charitable contributions</SUP>
''.
(c) <<NOTE: 26 USC 170 note.>> Effective Date.--The amendments made
by this section shall apply to contributions made after December 31,
2020.
SEC. 214. <<NOTE: 26 USC 125 note.>> TEMPORARY SPECIAL RULES FOR
HEALTH AND DEPENDENT CARE FLEXIBLE
SPENDING ARRANGEMENTS.
(a) Carryover From 2020 Plan Year.--For plan years ending in 2020, a
plan that includes a health flexible spending arrangement or dependent
care flexible spending arrangement shall not fail to be treated as a
cafeteria plan under the Internal Revenue Code of 1986 merely because
such plan or arrangement permits participants to carry over (under rules
similar to the rules applicable to health flexible spending
arrangements) any unused benefits or contributions remaining in any such
flexible spending arrangement from such plan year to the plan year
ending in 2021.
(b) Carryover From 2021 Plan Year.--For plan years ending in 2021, a
plan that includes a health flexible spending arrangement or dependent
care flexible spending arrangement shall not fail to be treated as a
cafeteria plan under the Internal Revenue Code of 1986 merely because
such plan or arrangement permits participants to carry over (under rules
similar to the rules applicable to health flexible spending
arrangements) any unused benefits or contributions remaining in any such
flexible spending arrangement from such plan year to the plan year
ending in 2022.
(c) Extension of Grace Periods, etc.--
(1) In general.--A plan that includes a health flexible
spending arrangement or dependent care flexible spending
arrangement shall not fail to be treated as a cafeteria plan
under the Internal Revenue Code of 1986 merely because such plan
or arrangement extends the grace period for a plan year ending
in 2020 or 2021 to 12 months after the end of such plan year,
with respect to unused benefits or contributions remaining in a
health flexible spending arrangement or a dependent care
flexible spending arrangement.
(2) Post-termination reimbursements from health FSAs.--A
plan that includes a health flexible spending arrangement shall
not fail to be treated as a cafeteria plan under the Internal
Revenue Code of 1986 merely because such plan or arrangement
allows (under rules similar to the rules applicable to dependent
care flexible spending arrangements) an employee who ceases
participation in the plan during calendar year 2020 or 2021 to
continue to receive reimbursements
[[Page 134 STAT. 3069]]
from unused benefits or contributions through the end of the
plan year in which such participation ceased (including any
grace period, taking into account any modification of a grace
period permitted under paragraph (1)).
(d) Special Carry Forward Rule for Dependent Care Flexible Spending
Arrangements Where Dependent Aged Out During Pandemic.--
(1) <<NOTE: Applicability. Determination.>> In general.--In
the case of any eligible employee, section 21(b)(1)(A) of the
Internal Revenue Code of 1986 shall be applied by substituting
``age 14'' for ``age 13'' for purposes of determining the
dependent care assistance which may be paid or reimbursed with
respect to such employee under the dependent care flexible
spending arrangement referred to in paragraph (3)(A) with
respect to such employee during--
(A) the plan year described in paragraph (3)(A), and
(B) in the case of an employee described in
paragraph (3)(B)(ii), the subsequent plan year.
(2) Application to subsequent plan year limited to unused
balance from preceding plan year.--Paragraph (1)(B) shall only
apply to so much of the amounts paid for dependent care
assistance with respect to the dependents referred to in
paragraph (3)(B) as does not exceed the unused balance described
in paragraph (3)(B)(ii).
(3) Eligible employee.--For purposes of this section, the
term ``eligible employee'' means any employee who--
(A) is enrolled in a dependent care flexible
spending arrangement for the last plan year with respect
to which the end of the regular enrollment period for
such plan year was on or before January 31, 2020, and
(B) has one or more dependents (as defined in
section 152(a)(1) of the Internal Revenue Code of 1986)
who attain the age of 13--
(i) during such plan year, or
(ii) in the case of an employee who (after the
application of this section) has an unused balance
in the employee's account under such arrangement
for such plan year (determined as of the close of
the last day on which, under the terms of the
plan, claims for reimbursement may be made with
respect to such plan year), the subsequent plan
year.
(e) Change in Election Amount.--For plan years ending in 2021, a
plan that includes a health flexible spending arrangement or dependent
care flexible spending arrangement shall not fail to be treated as a
cafeteria plan under the Internal Revenue Code of 1986 merely because
such plan or arrangement allows an employee to make an election to
modify prospectively the amount (but not in excess of any applicable
dollar limitation) of such employee's contributions to any such flexible
spending arrangement (without regard to any change in status).
(f) Definitions.--Any term used in this section which is also used
in section 106, 125, or 129 of the Internal Revenue Code of 1986, or the
regulations or guidance thereunder, shall have the same meaning as when
used in such section, regulations, or guidance.
(g) <<NOTE: Time periods.>> Plan Amendments.--A plan that includes
a health flexible spending arrangement or dependent care flexible
spending arrangement shall not fail to be treated as a cafeteria plan
under the
[[Page 134 STAT. 3070]]
Internal Revenue Code of 1986 merely because such plan or arrangement is
amended pursuant to a provision under this section and such amendment is
retroactive, if--
(1) such amendment is adopted not later than the last day of
the first calendar year beginning after the end of the plan year
in which the amendment is effective, and
(2) the plan or arrangement is operated consistent with the
terms of such amendment during the period beginning on the
effective date of the amendment and ending on the date the
amendment is adopted.
TITLE III--DISASTER TAX RELIEF
SEC. 301. <<NOTE: President.>> DEFINITIONS.
For purposes of this title--
(1) Qualified disaster area.--
(A) <<NOTE: Time period.>> In general.--The term
``qualified disaster area'' means any area with respect
to which a major disaster was declared, during the
period beginning on January 1, 2020, and ending on the
date which is 60 days after the date of the enactment of
this Act, by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act if the incident period of the disaster
with respect to which such declaration is made begins on
or after December 28, 2019, and on or before the date of
the enactment of this Act.
(B) COVID-19 exception.--Such term shall not include
any area with respect to which such a major disaster has
been so declared only by reason of COVID-19.
(2) <<NOTE: Determination.>> Qualified disaster zone.--The
term ``qualified disaster zone'' means that portion of any
qualified disaster area which was determined by the President,
during the period beginning on January 1, 2020, and ending on
the date which is 60 days after the date of the enactment of
this Act, to warrant individual or individual and public
assistance from the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act by reason
of the qualified disaster with respect to such disaster area.
(3) Qualified disaster.--The term ``qualified disaster''
means, with respect to any qualified disaster area, the disaster
by reason of which a major disaster was declared with respect to
such area.
(4) Incident period.--The term ``incident period'' means,
with respect to any qualified disaster, the period specified by
the Federal Emergency Management Agency as the period during
which such disaster occurred (except that for purposes of this
title such period shall not be treated as ending after the date
which is 30 days after the date of the enactment of this Act).
SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT
FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
[[Page 134 STAT. 3071]]
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified disaster distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified disaster
distributions for any taxable year shall not exceed the
excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as
qualified disaster distributions received by such
individual for all prior taxable years.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a qualified disaster distribution,
a plan shall not be treated as violating any requirement
of the Internal Revenue Code of 1986 merely because the
plan treats such distribution as a qualified disaster
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes
the employer) to such individual exceeds $100,000.
(C) <<NOTE: Definition.>> Controlled group.--For
purposes of subparagraph (B), the term ``controlled
group'' means any group treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 of
the Internal Revenue Code of 1986.
(D) <<NOTE: Applicability.>> Special rule for
individuals affected by more than one disaster.--The
limitation of subparagraph (A) shall be applied
separately with respect to distributions made with
respect to each qualified disaster.
(3) Amount distributed may be repaid.--
(A) <<NOTE: Time period. Effective date.>> In
general.--Any individual who receives a qualified
disaster distribution may, at any time during the 3-year
period beginning on the day after the date on which such
distribution was received, make 1 or more contributions
in an aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under
section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), of the Internal Revenue Code of 1986, as the
case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other
than <<NOTE: Deadline.>> iras.--For purposes of the
Internal Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a qualified
disaster distribution from an eligible retirement plan
other than an individual retirement plan, then the
taxpayer shall, to the extent of the amount of the
contribution, be treated as having received the
qualified disaster distribution in an eligible rollover
distribution (as defined in section 402(c)(4) of such
Code) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
[[Page 134 STAT. 3072]]
(C) Treatment of repayments of distributions
from <<NOTE: Deadline.>> iras.--For purposes of the
Internal Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a qualified
disaster distribution from an individual retirement plan
(as defined by section 7701(a)(37) of such Code), then,
to the extent of the amount of the contribution, the
qualified disaster distribution shall be treated as a
distribution described in section 408(d)(3) of such Code
and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified disaster distribution.--Except as
provided in paragraph (2), the term ``qualified disaster
distribution'' means any distribution from an eligible
retirement plan made--
(i) <<NOTE: Time period.>> on or after the
first day of the incident period of a qualified
disaster and before the date which is 180 days
after the date of the enactment of this Act, and
(ii) to an individual whose principal place of
abode at any time during the incident period of
such qualified disaster is located in the
qualified disaster area with respect to such
qualified disaster and who has sustained an
economic loss by reason of such qualified
disaster.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term
by section 402(c)(8)(B) of the Internal Revenue Code of
1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified
disaster distribution, unless the taxpayer elects not to
have this paragraph apply for any taxable year, any
amount required to be included in gross income for such
taxable year shall be so included ratably over the 3-
taxable-year period beginning with such taxable year.
(B) Special rule.--For purposes of subparagraph (A),
rules similar to the rules of subparagraph (E) of
section 408A(d)(3) of the Internal Revenue Code of 1986
shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405 of the Internal
Revenue Code of 1986, qualified disaster distributions
shall not be treated as eligible rollover distributions.
(B) Qualified disaster distributions treated as
meeting plan distribution requirements.--For purposes of
the Internal Revenue Code of 1986, a qualified disaster
distribution shall be treated as meeting the
requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such
Code and section 8433(h)(1) of title 5, United States
Code, and, in the case of a money purchase pension plan,
a qualified disaster distribution which is an in-service
withdrawal shall be treated as meeting the distribution
rules of section 401(a) of such Code.
[[Page 134 STAT. 3073]]
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a
qualified distribution may, during the applicable
period, make 1 or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in section 402(c)(8)(B) of the Internal Revenue Code of
1986) of which such individual is a beneficiary and to
which a rollover contribution of such distribution could
be made under section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3), of such Code, as the case may be.
(B) <<NOTE: Applicability.>> Treatment of
repayments.--Rules similar to the rules of subparagraphs
(B) and (C) of subsection (a)(3) shall apply for
purposes of this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means any
distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of
the Internal Revenue Code of 1986,
(B) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but
which was not so used on account of the qualified
disaster with respect to such area, and
(C) <<NOTE: Time periods.>> which was received
during the period beginning on the date which is 180
days before the first day of the incident period of such
qualified disaster and ending on the date which is 30
days after the last day of such incident period.
(3) Applicable period.--For purposes of this subsection, the
term ``applicable period'' means, in the case of a principal
residence in a qualified disaster area with respect to any
qualified disaster, the period beginning on the first day of the
incident period of such qualified disaster and ending on the
date which is 180 days after the date of the enactment of this
Act.
(c) Loans From Qualified Plans.--
(1) <<NOTE: Time periods. Applicability.>> Increase in
limit on loans not treated as distributions.--In the case of any
loan from a qualified employer plan (as defined under section
72(p)(4) of the Internal Revenue Code of 1986) to a qualified
individual made during the 180-day period beginning on the date
of the enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code
shall be applied by substituting `` $100,000'' for ``
$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for
``one-half of the present value of the nonforfeitable
accrued benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual (with respect to any qualified disaster) with an
outstanding loan (on or after the first day of the incident
period of such qualified disaster) from a qualified employer
plan (as
[[Page 134 STAT. 3074]]
defined in section 72(p)(4) of the Internal Revenue Code of
1986)--
(A) <<NOTE: Time period.>> if the due date pursuant
to subparagraph (B) or (C) of section 72(p)(2) of such
Code for any repayment with respect to such loan occurs
during the period beginning on the first day of the
incident period of such qualified disaster and ending on
the date which is 180 days after the last day of such
incident period, such due date shall be delayed for 1
year (or, if later, until the date which is 180 days
after the date of the enactment of this Act),
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect the
delay in the due date under subparagraph (A) and any
interest accruing during such delay, and
(C) <<NOTE: Determination.>> in determining the 5-
year period and the term of a loan under subparagraph
(B) or (C) of section 72(p)(2) of such Code, the period
described in subparagraph (A) of this paragraph shall be
disregarded.
(3) <<NOTE: Definition.>> Qualified individual.--For
purposes of this subsection, the term ``qualified individual''
means any individual--
(A) whose principal place of abode at any time
during the incident period of any qualified disaster is
located in the qualified disaster area with respect to
such qualified disaster, and
(B) who has sustained an economic loss by reason of
such qualified disaster.
(d) Provisions Relating to Plan Amendments.--
(1) <<NOTE: Applicability.>> In general.--If this
subsection applies to any amendment to any plan or annuity
contract, such plan or contract shall be treated as being
operated in accordance with the terms of the plan during the
period described in paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this section,
or pursuant to any regulation issued by the
Secretary or the Secretary of Labor under any
provision of this section, and
(ii) <<NOTE: Effective date.>> on or before
the last day of the first plan year beginning on
or after January 1, 2022, or such later date as
the Secretary may prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract amendment
not required by this section or such
regulation, the effective date specified
by the plan), and
[[Page 134 STAT. 3075]]
(II) ending on the date described in
subparagraph (A)(ii) (or, if earlier,
the date the plan or contract amendment
is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment applies
retroactively for such period.
SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
QUALIFIED DISASTERS.
(a) In General.--For purposes of section 38 of the Internal Revenue
Code of 1986, in the case of an eligible employer, the 2020 qualified
disaster employee retention credit shall be treated as a credit listed
at the end of subsection (b) of such section. For purposes of this
subsection, the 2020 qualified disaster employee retention credit for
any taxable year is an amount equal to 40 percent of the qualified wages
with respect to each eligible employee of such employer for such taxable
year. The amount of qualified wages with respect to any employee which
may be taken into account under this subsection by the employer for any
taxable year shall not exceed $6,000 (reduced by the amount of qualified
wages with respect to such employee taken into account for any prior
taxable year).
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer'' means
any employer--
(A) which conducted an active trade or business in a
qualified disaster zone at any time during the incident
period of the qualified disaster with respect to such
qualified disaster zone, and
(B) with respect to whom the trade or business
described in subparagraph (A) is inoperable at any time
during the period beginning on the first day of the
incident period of such qualified disaster and ending on
the date of the enactment of this Act, as a result of
damage sustained by reason of such qualified disaster.
(2) Eligible employee.--The term ``eligible employee'' means
with respect to an eligible employer an employee whose principal
place of employment with such eligible employer (determined
immediately before the qualified disaster referred to in
paragraph (1)) was in the qualified disaster zone referred to in
such paragraph.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with respect
to an eligible employee at any time on or after the date on
which the trade or business described in paragraph (1) first
became inoperable at the principal place of employment of the
employee (determined immediately before the qualified disaster
referred to in such paragraph) and before the earlier of--
(A) the date on which such trade or business has
resumed significant operations at such principal place
of employment, or
[[Page 134 STAT. 3076]]
(B) <<NOTE: Time period.>> the date which is 150
days after the last day of the incident period of the
qualified disaster referred to in paragraph (1).
Such term shall include wages paid without regard to whether the
employee performs no services, performs services at a different
place of employment than such principal place of employment, or
performs services at such principal place of employment before
significant operations have resumed. Such term shall not include
any wages taken into account under section 2301 of the CARES
Act.
(c) Special Rules.--
(1) Denial of double benefit.--Any wages taken into account
in determining any credit allowed under this section shall not
be taken into account as wages for purposes of sections 41, 45A,
45P, 45S, 51, and 1396 of the Internal Revenue Code of 1986.
(2) Certain other rules to apply.--For purposes of this
section, rules similar to the rules of sections 51(i)(1), 52,
and 280C(a) of the Internal Revenue Code of 1986 shall apply.
(d) Payroll Tax Credit for Certain Tax-exempt Organizations.--
(1) In general.--In the case of any qualified tax-exempt
organization, there shall be allowed as a credit against the tax
imposed by section 3111(a) of the Internal Revenue Code of 1986
on wages paid with respect to employment of all employees of the
organization during the calendar quarter an amount equal to 40
percent of the qualified wages paid to eligible employees of
such organization during such calendar quarter.
(2) Application of aggregate dollar limitation per
employee.--The amount of qualified wages with respect to any
employee which may be taken into account under this subsection
by the employer for any calendar quarter shall not exceed $6,000
(reduced by the amount of qualified wages with respect to which
credit was allowed under this subsection for any prior calendar
quarter with respect to such employee).
(3) Overall limitation.--
(A) In general.--The aggregate amount allowed as a
credit under this subsection for all eligible employees
of any employer for any calendar quarter shall not
exceed the amount of the tax imposed by section 3111(a)
of the Internal Revenue Code of 1986 on wages paid with
respect to employment of all employees of such employer
during such calendar quarter (reduced by any credits
allowed under subsections (e) and (f) of section 3111 of
such Code for such quarter).
(B) Carryforward.--If the amount of the credit under
paragraph (1) exceeds the limitation of subparagraph (A)
for any calendar quarter, such excess shall be carried
to the succeeding calendar quarter and allowed as a
credit under paragraph (1) for such quarter.
(C) Coordination with other payroll tax credits.--
(i) Section 7001(b)(3) of the Families First
Coronavirus Response Act <<NOTE: 26 USC 3111
note.>> is amended by inserting ``, and section
303(d) of the Taxpayer Certainty and Disaster Tax
Relief Act of 2020,'' after ``subsections (e) and
(f) of section 3111 of such Code''.
[[Page 134 STAT. 3077]]
(ii) Section 7003(b)(2) of the Families First
Coronavirus Response Act is amended by striking
``and section 7001 of this Act,'' and inserting
``section 7001 of this Act, and section 303(d) of
the Taxpayer Certainty and Disaster Tax Relief Act
of 2020,''.
(iii) Section 2301(b)(2) of the CARES
Act <<NOTE: Ante, p. 347.>> is amended by
striking ``and sections 7001 and 7003 of the
Families First Coronavirus Response Act'' and
inserting ``, sections 7001 and 7003 of the
Families First Coronavirus Response Act, and
section 303(d) of the Taxpayer Certainty and
Disaster Tax Relief Act of 2020''.
(4) Definitions.--
(A) Qualified tax-exempt organization.--For purposes
of this subsection, the term ``qualified tax-exempt
organization'' means an organization described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code
if such organization would be an eligible employer if
the activities of such organization were an active trade
or business.
(B) Application of certain terms with respect to
qualified tax-exempt organizations.--For purposes of
this subsection, the terms ``eligible employee'' and
``qualified wages'' shall be applied with respect to any
qualified tax-exempt organization--
(i) by treating the activities of such
organization as an active trade or business, and
(ii) by substituting ``wages (within the
meaning of subsection (d)(4)(C))'' for ``wages (as
defined in section 51(c)(1) of the Internal
Revenue Code of 1986, but without regard to
section 3306(b)(2)(B) of such Code)'' in
subsection (b)(3).
(C) Other terms.--Except as otherwise provided in
this subsection, any term used in this subsection which
is also used in chapter 21 or 22 of the Internal Revenue
Code of 1986 shall have the same meaning as when used in
such chapter.
(5) Transfers to certain trust funds.--There are hereby
appropriated to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of this subsection (without
regard to this paragraph). Amounts appropriated by the preceding
sentence shall be transferred from the general fund at such
times and in such manner as to replicate to the extent possible
the transfers which would have occurred to such Trust Fund or
Account had this subsection not been enacted.
(6) <<NOTE: Waiver. Determination.>> Treatment of
deposits.--The Secretary shall waive any penalty under section
6656 of such Code for any failure to make a deposit of
applicable employment taxes if the Secretary determines that
such failure was due to the anticipation of the credit allowed
under this subsection.
[[Page 134 STAT. 3078]]
(7) Third party payors.--Any credit allowed under this
subsection shall be treated as a credit described in section
3511(d)(2) of such Code.
(8) <<NOTE: Determination.>> Coordination with subsection
(a) credit.--Any wages taken into account in determining the
credit allowed under this subsection shall not be take into
account as wages for purposes of subsection (a).
(9) Regulations and guidance.--The Secretary shall issue
such forms, instructions, regulations, and guidance as are
necessary--
(A) to allow the advance payment of the credit under
paragraph (1), subject to the limitations provided in
this subsection, based on such information as the
Secretary shall require,
(B) regulations or other guidance to provide for the
reconciliation of such advance payment with the amount
of the credit under this subsection at the time of
filing the return of tax for the applicable quarter or
taxable year,
(C) with respect to the application of the credit
under paragraph (1) to third party payors (including
professional employer organizations, certified
professional employer organizations, or agents under
section 3504 of the Internal Revenue Code of 1986),
including regulations or guidance allowing such payors
to submit documentation necessary to substantiate the
eligible employer status of employers that use such
payors, and
(D) <<NOTE: Determination.>> for recapturing the
benefit of credits determined under this subsection in
cases where there is a subsequent adjustment to the
credit determined under paragraph (1).
(e) Election to Not Take Certain Wages Into Account.--
(1) In general.--This section shall not apply to qualified
wages paid by an eligible employer with respect to which such
employer makes an election (at such time and in such manner as
the Secretary may prescribe) to have this section not apply to
such wages.
(2) <<NOTE: Consultation.>> Coordination with paycheck
protection program.--The Secretary, in consultation with the
Administrator of the Small Business Administration, shall issue
guidance providing that payroll costs paid or incurred during
the covered period shall not fail to be treated as qualified
wages under this section by reason of an election under
paragraph (1) to the extent that a covered loan of the eligible
employer is not forgiven by reason of a decision under section
7A(g) of the Small Business Act. Terms used in the preceding
sentence which are also used in section 7A(g) of such Act shall
have the same meaning as when used in such section.
(f) Certain Governmental Employers.--
(1) In general.--The credits under this section shall not
apply to the Government of the United States, the government of
any State or political subdivision thereof, or any agency or
instrumentality of any of the foregoing.
(2) Exception.--Paragraph (1) shall not apply to--
(A) any organization described in section 501(c)(1)
of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code, or
(B) any entity described in paragraph (1) if --
[[Page 134 STAT. 3079]]
(i) such entity is a college or university, or
(ii) the principal purpose or function of such
entity is providing medical or hospital care.
An entity described in subparagraph (B) shall be treated
for purposes of this section in the same manner as an
organization described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
(g) Amendment to Paycheck Protection Program.--Section 7A(a)(12) of
the Small Business Act (as redesignated, transferred, and amended by the
Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act
and as amended by section 206(c) of this division) is amended by adding
at the end the following: ``Such payroll costs shall not include
qualified wages taken into account in determining the credit allowed
under subsection (a) or (d) of section 303 of the Taxpayer Certainty and
Disaster Tax Relief Act of 2020.''.
SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Special Rules for Qualified Disaster Relief Contributions.--
(1) <<NOTE: Applicability.>> In general.--In the case of a
qualified disaster relief contribution made by a corporation--
(A) section 2205(a)(2)(B) of the CARES Act shall be
applied first to qualified contributions without regard
to any qualified disaster relief contributions and then
separately to such qualified disaster relief
contribution, and
(B) in applying such section to such qualified
disaster relief contributions, clause (i) thereof shall
be applied--
(i) by substituting ``100 percent'' for ``25
percent'', and
(ii) by treating qualified contributions other
than qualified disaster relief contributions as
contributions allowed under section 170(b)(2) of
the Internal Revenue Code of 1986.
(2) <<NOTE: Definition.>> Qualified disaster relief
contribution.--For purposes of this subsection, the term
``qualified disaster relief contribution'' means any qualified
contribution (as defined in section 2205(a)(3) of the CARES Act)
if--
(A) such contribution--
(i) <<NOTE: Time period.>> is paid, during
the period beginning on January 1, 2020, and
ending on the date which is 60 days after the date
of the enactment of this Act, and
(ii) is made for relief efforts in one or more
qualified disaster areas,
(B) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the
meaning of section 170(f)(8) of such Code) that such
contribution was used (or is to be used) for relief
efforts described in subparagraph (A)(ii), and
(C) the taxpayer has elected the application of this
subsection with respect to such contribution.
(3) Cross-reference.--For the suspension of the limitation
on qualified disaster relief contributions made by an individual
during 2020, see section 2205(a) of the CARES Act.
(b) <<NOTE: Definitions.>> Special Rules for Qualified Disaster-
related Personal Casualty Losses.--
[[Page 134 STAT. 3080]]
(1) In general.--If an individual has a net disaster loss
for any taxable year--
(A) the amount determined under section
165(h)(2)(A)(ii) of the Internal Revenue Code of 1986
shall be equal to the sum of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in the
matter preceding clause (i) of section
165(h)(2)(A) of such Code (reduced by the amount
in clause (i) of this subparagraph) as exceeds 10
percent of the adjusted gross income of the
individual,
(B) in the case of qualified disaster-related
personal casualty losses, section 165(h)(1) of such Code
shall be applied to by substituting `` $500'' for ``
$500 ( $100 for taxable years beginning after December
31, 2009)'',
(C) the standard deduction determined under section
63(c) of such Code shall be increased by the net
disaster loss, and
(D) section 56(b)(1)(E) of such Code shall not apply
to so much of the standard deduction as is attributable
to the increase under subparagraph (C) of this
paragraph.
(2) Net disaster loss.--For purposes of this subsection, the
term ``net disaster loss'' means the excess of qualified
disaster-related personal casualty losses over personal casualty
gains (as defined in section 165(h)(3)(A) of the Internal
Revenue Code of 1986).
(3) Qualified disaster-related personal casualty losses.--
For purposes of this subsection, the term ``qualified disaster-
related personal casualty losses'' means losses described in
section 165(c)(3) of the Internal Revenue Code of 1986 which
arise in a qualified disaster area on or after the first day of
the incident period of the qualified disaster to which such area
relates, and which are attributable to such qualified disaster.
SEC. 305. LOW-INCOME HOUSING TAX CREDIT.
(a) Additional Low-income Housing Credit Allocations.--
(1) In general.--For purposes of section 42 of the Internal
Revenue Code of 1986, the State housing credit ceiling for any
State for each of calendar years 2021 and 2022 shall be
increased by the aggregate housing credit dollar amount
allocated by the State housing credit agencies of such State for
such calendar year to buildings located in any qualified
disaster zone in such State.
(2) Limitation.--
(A) Application of aggregate limitation.--The
increase determined under paragraph (1) with respect to
any State shall not exceed--
(i) in the case of any such increase
determined for calendar year 2021, the applicable
dollar limitation for such State, and
(ii) in the case of any such increase
determined for calendar year 2022, the applicable
dollar limitation for such State reduced by the
amount of any increase determined under paragraph
(1) with respect to such State for calendar year
2021.
[[Page 134 STAT. 3081]]
(B) <<NOTE: Definition.>> Applicable dollar
limitation.--For purposes of this paragraph, the term
``applicable dollar limitation'' means, with respect to
any State, the lesser of--
(i) the product of $3.50 multiplied by the
population of such State (as determined for
calendar year 2020) which resides in qualified
disaster zones in such State, or
(ii) 65 percent of the State housing credit
ceiling for such State for calendar year 2020.
(3) Extension of placed in service deadline for designated
housing credit dollar amounts.--
(A) <<NOTE: Applicability.>> In general.--In the
case of any housing credit dollar amount which is
allocated by a State housing credit agency of a State
for calendar year 2021 or 2022 to a building located in
a qualified disaster zone in such State and which is
designated (at such time and in such manner as the
Secretary may provide) by such State housing credit
agency as housing credit dollar amount to which this
paragraph applies, section 42(h)(1)(E) of the Internal
Revenue Code of 1986 shall be applied--
(i) by substituting ``third calendar year''
for ``second calendar year'' both places it
appears, and
(ii) by substituting ``2 years'' for ``1
year'' in clause (ii) thereof.
(B) Application of limitation.--The aggregate amount
of housing credit dollar amount designated under
subparagraph (A) for any calendar year by all State
housing credit agencies of a State shall not exceed the
amount determined under paragraph (2)(A) with respect to
such State for such calendar year.
(4) Allocations treated as made first from additional
allocation for purposes of determining carryover.--For purposes
of determining the unused State housing credit ceiling for any
calendar year under section 42(h)(3)(C) of the Internal Revenue
Code of 1986, any increase in the State housing credit ceiling
under paragraph (1) shall be treated as an amount described in
clause (ii) of such section.
SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.
(a) Payments to Possessions With Mirror Code Tax Systems.--The
Secretary of the Treasury shall pay to each possession of the United
States which has a mirror code tax system amounts equal to the loss (if
any) to that possession by reason of the application of the provisions
of this title. <<NOTE: Determination.>> Such amounts shall be
determined by the Secretary of the Treasury based on information
provided by the government of the respective possession.
(b) Payments to Other Possessions.--The Secretary of the Treasury
shall pay to each possession of the United States which does not have a
mirror code tax system amounts estimated by the Secretary of the
Treasury as being equal to the aggregate benefits (if any) that would
have been provided to residents of such possession by reason of the
provisions of this title if a mirror code tax system had been in effect
in such possession. <<NOTE: Plan.>> The preceding sentence shall not
apply unless the respective possession has a plan, which has been
approved by the Secretary of the Treasury, under which such possession
will promptly distribute such payments to its residents.
[[Page 134 STAT. 3082]]
(c) <<NOTE: Definition.>> Mirror Code Tax System.--For purposes of
this section, the term ``mirror code tax system'' means, with respect to
any possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the income
tax laws of the United States as if such possession were the United
States.
(d) Treatment of Payments.--For purposes of section 1324 of title
31, United States Code, the payments under this section shall be treated
in the same manner as a refund due from a credit provision referred to
in subsection (b)(2) of such section.
DIVISION FF--OTHER MATTER
TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS AND
MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN INFORMATION
SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
(a) In General.--Section 3510 of the CARES Act (20 U.S.C. 1001 note)
is amended--
(1) in subsection (a), by striking ``for the duration of
such emergency'' and all that follows through the period at the
end and inserting ``for purposes of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) until the end of
the covered period applicable to the institution.'';
(2) in subsection (b), by striking ``for the duration of the
qualifying emergency and the following payment period for
purposes of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).'' and inserting ``until the end of the
covered period applicable to the institution.'';
(3) in subsection (c), by striking ``for the duration of the
qualifying emergency and the following payment period,'' and
inserting ``until all covered periods for foreign institutions
carrying out a distance education program authorized under this
section have ended,'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``for the duration of a
qualifying emergency and the following payment
period,'' and inserting ``until the end of the
covered period applicable to a foreign
institution,''; and
(ii) by striking ``allow a foreign
institution'' and inserting ``allow the foreign
institution'';
(B) in each of subparagraphs (A) and (B) of
paragraph (2), by striking ``subsection (a)'' and
inserting ``paragraph (1)'';
(C) in paragraph (3)(B), by striking ``30 days'' and
inserting ``10 days''; and
(D) in paragraph (4)--
[[Page 134 STAT. 3083]]
(i) by striking ``for the duration of the
qualifying emergency and the following payment
period,'' and inserting ``until all covered
periods for foreign institutions that entered into
written arrangements under paragraph (1) have
ended,''; and
(ii) by striking ``identifies each foreign
institution that entered into a written
arrangement under subsection (a).'' and inserting
the following: identifies, for each such foreign
institution--
``(A) the name of the foreign institution;
``(B) the name of the institution of higher
education located in the United States that has entered
into a written arrangement with such foreign
institution; and
``(C) information regarding the nature of such
written arrangement, including which coursework or
program requirements are accomplished at each respective
institution.''; and
(5) by adding at the end the following:
``(e) Definition of Covered Period.--
``(1) In general.--In this section, the term `covered
period', when used with respect to a foreign institution of
higher education, means the period--
``(A) beginning on the first day of--
``(i) a qualifying emergency; or
``(ii) a public health emergency, major
disaster or emergency, or national emergency
declared by the applicable government authorities
in the country in which the foreign institution is
located; and
``(B) ending on the later of--
``(i) subject to paragraph (2), the last day
of the payment period, for purposes of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), following the end of any qualifying
emergency or any emergency or disaster described
in subparagraph (A)(ii) applicable to the foreign
institution; or
``(ii) June 30, 2022.
``(2) Special rule for certain payment periods.--For
purposes of subparagraph (B)(i), if the following payment period
for an award year ends before June 30 of such award year, the
covered period shall be extended until June 30 of such award
year.''.
(b) <<NOTE: 20 USC 1001 note.>> Effective Date.--The amendments
made by subsection (a) shall take effect as if included in the enactment
of the CARES Act (Public Law 116-136).
SEC. 102. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
COLLECTION PURSUANT TO QUALIFIED
TAX COLLECTION CONTRACTS.
(a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
1306) is amended by adding at the end the following:
``(g) Notwithstanding any other provision of this section, the
Commissioner of Social Security shall enter into an agreement with the
Secretary of the Treasury under which--
``(1) if the Secretary provides the Commissioner with the
information described in section 6103(k)(15) of the Internal
Revenue Code of 1986 with respect to any individual, the
Commissioner shall indicate to the Secretary as to whether
[[Page 134 STAT. 3084]]
such individual receives disability insurance benefits under
section 223 or supplemental security income benefits under title
XVI (including State supplementary payments of the type referred
to in section 1616(a) or payments of the type described in
section 212(a) of Public Law 93-66);
``(2) appropriate safeguards are included to assure that the
indication described in paragraph (1) will be used solely for
the purpose of determining if tax receivables involving such
individual are not eligible for collection pursuant to a
qualified tax collection contract by reason of section
6306(d)(3)(E) of the Internal Revenue Code of 1986; and
``(3) the Secretary shall pay the Commissioner of Social
Security the full costs (including systems and administrative
costs) of providing the indication described in paragraph
(1).''.
(b) Authorization of Disclosure by Secretary of the Treasury.--
(1) In general.--Section 6103(k) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(15) Disclosures to social security administration to
identify tax receivables not eligible for collection pursuant to
qualified tax collection contracts.--
<<NOTE: Determination.>> In the case of any individual involved
with a tax receivable which the Secretary has identified for
possible collection pursuant to a qualified tax collection
contract (as defined in section 6306(b)), the Secretary may
disclose the taxpayer identity and date of birth of such
individual to officers, employees, and contractors of the Social
Security Administration to determine if such tax receivable is
not eligible for collection pursuant to such a qualified tax
collection contract by reason of section 6306(d)(3)(E).''.
(2) Conforming amendments related to safeguards.--
(A) Section 6103(a)(3) of such Code is amended by
striking ``or (14)'' and inserting ``(14), or (15)''.
(B) Section 6103(p)(4) of such Code is amended--
(i) by striking ``(k)(8), (10) or (11)'' both
places it appears and inserting ``(k)(8), (10),
(11), or (15)'', and
(ii) by striking ``any other person described
in subsection (k)(10)'' each place it appears and
inserting ``any other person described in
subsection (k)(10) or (15)''.
(C) Section 7213(a)(2) of such Code is amended by
striking ``(k)(10), (13), or (14)'' and inserting
``(k)(10), (13), (14), or (15)''.
(c) <<NOTE: 26 USC 6103 note.>> Effective Date.--The amendments
made by this section shall apply to disclosures made on or after the
date of the enactment of this Act.
SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
INFORMATION.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--Subparagraph (D) of section 6103(l)(13) of
the Internal Revenue Code of 1986 is amended--
(A) by inserting at the end of clause (iii) the
following new sentence: ``Under such terms and
conditions as may be prescribed by the Secretary, after
consultation with
[[Page 134 STAT. 3085]]
the Department of Education, an institution of higher
education described in subclause (I) or a State higher
education agency described in subclause (II) may
designate a contractor of such institution or state
agency to receive return information on behalf of such
institution or state agency to administer aspects of the
institution's or state agency's activities for the
application, award, and administration of such financial
aid.'', and
(B) by adding at the end the following:
``(iv) Redisclosure to office of inspector
general, independent auditors, and contractors.--
Any return information which is redisclosed under
clause (iii)--
``(I) may be further disclosed by
persons described in subclauses (I),
(II), or (III) of clause (iii) or
persons designated in the last sentence
of clause (iii) to the Office of
Inspector General of the Department of
Education and independent auditors
conducting audits of such person's
administration of the programs for which
the return information was received, and
``(II) may be further disclosed by
persons described in subclauses (I),
(II), or (III) of clause (iii) to
contractors of such entities,
but only to the extent necessary in carrying out
the purposes described in such clause (iii).
``(v) Redisclosure to family members.--In
addition to the purposes for which information is
disclosed and used under subparagraphs (A) and
(C), or redisclosed under clause (iii), any return
information so disclosed or redisclosed may be
further disclosed to any individual certified by
the Secretary of Education as having provided
approval under paragraph (1) or (2) of section
494(a) of the Higher Education Act of 1965, as the
case may be, for disclosure related to the income-
contingent or income-based repayment plan under
subparagraph (A) or the eligibility for, and
amount of, Federal student financial aid described
in subparagraph (C).
``(vi) Redisclosure of fafsa information.--
Return information received under subparagraph (C)
may be redisclosed in accordance with subsection
(c) of section 494 of the Higher Education Act of
1965 as in effect on the date of enactment of the
Consolidated Appropriations Act, 2021 to carry out
the purposes specified in such subsection.''.
(2) Conforming amendment.--Subparagraph (F) of section
6103(l)(13) of such Code is amended by inserting ``, and any
redisclosure authorized under clause (iii), (iv) (v), or (vi) of
subparagraph (D),'' after `` or (C)''.
(3) Confidentiality of return information.--
(A) Section 6103(a)(3) of such Code, as amended by
section 3516(a)(1) of the CARES Act (Public Law 116-
136), is amended by striking ``(13)(A), (13)(B),
(13)(C), (13)(D)(i),'' and inserting ``(13) (other than
subparagraphs (D)(v) and (D)(vi) thereof),''.
[[Page 134 STAT. 3086]]
(B) Section 6103(p)(3)(A) of such Code, as amended
by section 3516(a)(2) of such Act, is amended by
striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and
inserting ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
(4) <<NOTE: 26 USC 6103 note.>> Effective date.--The
amendments made by this subsection shall apply to disclosures
made after the date of the enactment of the FUTURE Act (Public
Law 116-91).
(b) Amendments to the Higher Education Act of 1965.--
(1) In general.--Section 494 of the Higher Education Act of
1965 (20 U.S.C. 1098h(a)) is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A),
by inserting ``, including return information,''
after ``financial information'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking
``subparagraph (B), the'' and
inserting the following:
``subparagraph (B)--
``(I) the''; and
(bb) by adding at the end
the following:
``(II) the return information of
such individuals may be redisclosed
pursuant to clauses (iii), (iv), (v),
and (vi) of section 6103(l)(13)(D) of
the Internal Revenue Code of 1986, for
the relevant purposes described in such
section; and''; and
(II) in clause (ii), by striking
``such disclosure'' and inserting ``the
disclosures described in subclauses (I)
and (II) of clause (i)''; and
(iii) in subparagraph (B), by striking
``disclosure described in subparagraph (A)(i)''
and inserting ``disclosures described in
subclauses (I) and (II) of subparagraph (A)(i)'';
(B) in subsection (a)(2)(A)(ii), by striking
``affirmatively approve the disclosure described in
paragraph (1)(A)(i) and agree that such approval shall
serve as an ongoing approval of such disclosure until
the date on which the individual elects to opt out of
such disclosure'' and inserting ``affirmatively approve
the disclosures described in subclauses (I) and (II) of
paragraph (1)(A)(i), to the extent applicable, and agree
that such approval shall serve as an ongoing approval of
such disclosures until the date on which the individual
elects to opt out of such disclosures''; and
(C) by adding at the end the following:
``(c) Access to FAFSA Information.--
``(1) Redisclosure of information.--The information in a
complete, unredacted Student Aid Report (including any return
information disclosed under section 6103(l)(13) of the Internal
Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an
application described in subsection (a)(1) of an applicant for
Federal student financial aid--
``(A) upon request for such information by such
applicant, shall be provided to such applicant by--
``(i) the Secretary; or
``(ii) in a case in which the Secretary has
requested that institutions of higher education
carry out the requirements of this subparagraph,
an institution of
[[Page 134 STAT. 3087]]
higher education that has received such
information; and
``(B) with the written consent by the applicant to
an institution of higher education, may be provided by
such institution of higher education as is necessary to
a scholarship granting organization (including a tribal
organization (defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304))), or to an organization assisting the applicant
in applying for and receiving Federal, State, local, or
tribal assistance, that is designated by the applicant
to assist the applicant in applying for and receiving
financial assistance for any component of the
applicant's cost of attendance (defined in section 472)
at that institution.
``(2) Discussion of information.--A discussion of the
information in an application described in subsection (a)(1)
(including any return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(13)) of an applicant between an institution of higher
education and the applicant may, with the written consent of the
applicant, include an individual selected by the applicant (such
as an advisor) to participate in such discussion.
``(3) Restriction on disclosing information.--A person
receiving information under paragraph (1)(B) or (2) with respect
to an applicant shall not use the information for any purpose
other than the express purpose for which consent was granted by
the applicant and shall not disclose such information to any
other person without the express permission of, or request by,
the applicant.
``(4) Definitions.--In this subsection:
``(A) Student aid report.--The term `Student Aid
Report' has the meaning given the term in section 668.2
of title 34, Code of Federal Regulations (or successor
regulations).
``(B) Written consent.--The term `written consent'
means a separate, written document that is signed and
dated (which may include by electronic format) by an
applicant, which--
``(i) indicates that the information being
disclosed includes return information disclosed
under section 6103(l)(13) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(l)(13)) with respect
to the applicant;
``(ii) states the purpose for which the
information is being disclosed; and
``(iii) states that the information may only
be used for the specific purpose and no other
purposes.
``(5) Record keeping requirement.--An institution of higher
education shall--
``(A) <<NOTE: Time period.>> keep a record of each
written consent made under this subsection for a period
of at least 3 years from the date of the student's last
date of attendance at the institution; and
``(B) <<NOTE: Review.>> make each such record
readily available for review by the Secretary.''.
(2) Conforming amendment.--Section 494(a)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is
[[Page 134 STAT. 3088]]
amended by striking ``paragraph (1)(A)(i)'' both places the term
appears and inserting ``paragraph (1)(A)(i)(I)''.
SEC. 104. <<NOTE: 20 USC 9622 note.>> RESCHEDULING OF THE NAEP
MANDATED BIENNIAL 4TH AND 8TH GRADE
ASSESSMENT AND ALIGNMENT OF THE MANDATED
QUADRENNIAL 12TH GRADE ASSESSMENT.
(a) Current Assessment Administration Rescheduling.--Notwithstanding
any other provision of law and due to the public health emergency
declared by the Secretary of Health and Human Services under section 319
of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
with respect to COVID-19--
(1) the biennial 4th and 8th grade reading and mathematics
assessments scheduled to be conducted during the 2020-2021
school year in accordance with paragraphs (2)(B) and (3)(A)(i)
of section 303(b) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9622(b)) and, as
practicable and subject to the discretion of the National
Assessment Governing Board, the Trial Urban District Assessment,
shall be conducted during the 2021-2022 school year; and
(2) the next quadrennial 12th grade reading and mathematics
assessments carried out in accordance with section 303(b)(2)(C)
of the National Assessment of Educational Progress Authorization
Act (20 U.S.C. 9622(b)(2)(C)) after the date of enactment of
this section, shall be conducted during the 2023-2024 school
year.
(b) Future Assessment Administration.--In accordance with section
303(b)(2)(B) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next biennial
assessments following the 2021-2022 administration, as authorized under
subsection (a), shall occur in the 2023-2024 school year and, as
practicable and subject to the discretion of the National Assessment
Governing Board, the next Trial Urban District Assessment following the
2021-2022 administration, as authorized under subsection (a), shall
occur in the 2023-2024 school year.
TITLE II--PUBLIC LANDS
SEC. 201 <<NOTE: Saguaro National Park Boundary Expansion Act. 16
USC 410zz note.>> . SAGUARO NATIONAL
PARK BOUNDARY EXPANSION.
(a) Short Title.--This section may be cited as the ``Saguaro
National Park Boundary Expansion Act''.
(b) Boundary of Saguaro National Park.--Section 4 of the Saguaro
National Park Establishment Act of 1994 (Public Law 103-364; 108 Stat.
3467) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``The boundaries of
the park''; and
(B) by adding at the end the following:
``(2)(A) The boundaries of the park are further modified to
include approximately 1,152 acres, as generally depicted on the
map titled `Saguaro National Park Proposed Boundary Adjustment',
numbered 151/80,045G, and dated December 2020.
``(B) The map referred to in subparagraph (A) shall be on
file and available for inspection in the appropriate offices of
the National Park Service.''; and
(2) by striking subsection (b)(2) and inserting the
following new paragraphs:
[[Page 134 STAT. 3089]]
``(2) The Secretary may, with the consent of the State of
Arizona and in accordance with Federal and State law, acquire
land or interests therein owned by the State of Arizona within
the boundary of the park.
``(3) If the Secretary is unable to acquire the State land
under paragraph (2), the Secretary may enter into an agreement
with the State that would allow the National Park Service to
manage State land within the boundary of the park.''.
SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE DESIGNATION.
(a) <<NOTE: New River Gorge National Park and Preserve Designation
Act. 16 USC 410eeee.>> Short Title.--This section may be cited as the
``New River Gorge National Park and Preserve Designation Act''.
(b) Designation of New River Gorge National Park and New River Gorge
National Preserve, West Virginia.--
(1) Redesignation.--The New River Gorge National River
established under section 1101 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m-15) shall be known and
designated as the ``New River Gorge National Park and
Preserve'', consisting of--
(A) the New River Gorge National Park; and
(B) the New River Gorge National Preserve.
(2) New river gorge national park.--The boundaries of the
New River Gorge National Park referred to in paragraph (1)(A)
shall be the boundaries depicted as ``Proposed National Park
Area'' on the map entitled ``New River Gorge National Park and
Preserve Proposed Boundary'', numbered 637/163,199A, and dated
September 2020.
(3) New river gorge national preserve; boundary.--The
boundaries of the New River Gorge National Preserve referred to
in paragraph (1)(B) shall be the boundaries depicted as
``Proposed National Preserve Area'' on the map entitled ``New
River Gorge National Park and Preserve Proposed Boundary'',
numbered 637/163,199A, and dated September 2020.
(c) Administration.--
(1) In general.--The New River Gorge National Park and
Preserve shall be administered by the Secretary of the Interior
(referred to in this section as the ``Secretary'') in accordance
with--
(A) this section;
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101 of
title 54, United States Code; and
(ii) chapter 3201 of title 54, United States
Code; and
(C) title XI of the National Parks and Recreation
Act of 1978 (16 U.S.C. 460m-15 et seq.), except that the
provisions of section 1106 of that Act (16 U.S.C. 460m-
20) relating to hunting shall not apply to the New River
Gorge National Park.
(2) Hunting and fishing.--
(A) Hunting.--Hunting within the New River Gorge
National Preserve shall be administered by the
Secretary--
[[Page 134 STAT. 3090]]
(i) in the same manner as hunting was
administered on the day before the date of
enactment of this Act in those portions of the New
River Gorge National River designated as the New
River Gorge National Preserve by subsection
(b)(3); and
(ii) in accordance with--
(I) section 1106 of the National
Parks and Recreation Act of 1978 (16
U.S.C. 460m-20); and
(II) other applicable laws.
(B) Fishing.--Fishing within the New River Gorge
National Park and Preserve shall be administered by the
Secretary--
(i) in the same manner as fishing was
administered within the New River Gorge National
River on the day before the date of enactment of
this Act; and
(ii) in accordance with--
(I) section 1106 of the National
Parks and Recreation Act of 1978 (16
U.S.C. 460m-20); and
(II) other applicable laws.
(C) Private land.--Nothing in this section prohibits
hunting, fishing, or trapping on private land in
accordance with applicable State and Federal laws.
(3) Land acquisition.--
(A) Additional land for national preserve.--
(i) In general.--The Secretary may acquire
land or any interest in land identified as
``Proposed Additional Lands'' on the map entitled
``New River Gorge National Park and Preserve
Proposed Boundary'', numbered 637/163,199A, and
dated September 2020, by purchase from a willing
seller, donation, or exchange.
(ii) Boundary modification.--On acquisition of
any land or interest in land under clause (i), the
Secretary shall--
(I) modify the boundary of the New
River Gorge National Preserve to reflect
the acquisition; and
(II) administer the land or interest
in land in accordance with the laws
applicable to the New River Gorge
National Preserve.
(B) Visitor parking.--
(i) In general.--The Secretary may acquire not
more than 100 acres of land in the vicinity of the
New River Gorge National Park and Preserve by
purchase from a willing seller, donation, or
exchange to provide for--
(I) visitor parking; and
(II) improved public access to the
New River Gorge National Park and
Preserve.
(ii) Administration.--On acquisition of the
land under clause (i), the acquired land shall be
administered as part of the New River Gorge
National Park or the New River Gorge National
Preserve, as appropriate.
(4) Commercial recreational watercraft services.--Commercial
recreational watercraft services within the New River Gorge
National Park and Preserve shall be administered by the
Secretary in accordance with section 402 of the West
[[Page 134 STAT. 3091]]
Virginia National Interest River Conservation Act of 1987 (16
U.S.C. 460m-15 note; Public Law 100-534).
(5) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the New
River Gorge National River shall be considered to be a reference
to the ``New River Gorge National Park'' or the ``New River
Gorge National Preserve'', as appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 203. <<NOTE: Miracle Mountain Designation Act.>> DESIGNATION
OF MIRACLE MOUNTAIN.
(a) Short Title.--This section may be cited as the ``Miracle
Mountain Designation Act''.
(b) Findings.--Congress finds as follows:
(1) On September 13, 2018, the Bald Mountain Fire burned
nearly 20,000 acres of land in Utah.
(2) Elk Ridge City, located in Utah County, was nearly the
victim of this fire.
(3) Suddenly, the fire halted its progression and, instead
of burning into Elk Ridge City, stayed behind the mountain and
spared the city.
(4) Congress, in acknowledgment of this event, believes this
mountain holds special significance to the residents of Elk
Ridge City and surrounding communities.
(5) The presently unnamed peak has been referred to as
``Miracle Mountain'' by many residents since the fire that
nearly went into Elk Ridge City.
(c) Designation.--The mountain in the State of Utah, located at 39
59' 02N, 111 40' 12W, shall be known and designated as ``Miracle
Mountain''.
(d) References.--Any reference in a law, map, regulation, document,
record, or other paper of the United States to the mountain described in
subsection (c) shall be considered to be a reference to ``Miracle
Mountain''.
TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS
Subtitle A--Robert Levinson <<NOTE: Robert Levinson Hostage Recovery
and Hostage-Taking Accountability Act.>> Hostage Recovery and Hostage-
taking Accountability Act
SEC. 301. <<NOTE: 22 USC 1741 note.>> SHORT TITLE.
This subtitle may be cited as the ``Robert Levinson Hostage Recovery
and Hostage-Taking Accountability Act''.
SEC. 302. <<NOTE: 22 USC 1741.>> ASSISTANCE FOR UNITED STATES
NATIONALS UNLAWFULLY OR WRONGFULLY
DETAINED ABROAD.
(a) <<NOTE: Determination.>> Review.--The Secretary of State shall
review the cases of United States nationals detained abroad to determine
if there is credible information that they are being detained unlawfully
or wrongfully, based on criteria which may include whether--
(1) United States officials receive or possess credible
information indicating innocence of the detained individual;
[[Page 134 STAT. 3092]]
(2) the individual is being detained solely or substantially
because he or she is a United States national;
(3) the individual is being detained solely or substantially
to influence United States Government policy or to secure
economic or political concessions from the United States
Government;
(4) the detention appears to be because the individual
sought to obtain, exercise, defend, or promote freedom of the
press, freedom of religion, or the right to peacefully assemble;
(5) the individual is being detained in violation of the
laws of the detaining country;
(6) independent nongovernmental organizations or journalists
have raised legitimate questions about the innocence of the
detained individual;
(7) the United States mission in the country where the
individual is being detained has received credible reports that
the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is being detained in inhumane conditions;
(10) due process of law has been sufficiently impaired so as
to render the detention arbitrary; and
(11) United States diplomatic engagement is likely necessary
to secure the release of the detained individual.
(b) <<NOTE: Determination.>> Referrals to the Special Envoy.--Upon
a determination by the Secretary of State, based on the totality of the
circumstances, that there is credible information that the detention of
a United States national abroad is unlawful or wrongful, and regardless
of whether the detention is by a foreign government or a nongovernmental
actor, the Secretary shall transfer responsibility for such case from
the Bureau of Consular Affairs of the Department of State to the Special
Envoy for Hostage Affairs created pursuant to section 303.
(c) Report.--
(1) Annual report.--
(A) <<NOTE: Determination.>> In general.--The
Secretary of State shall submit to the appropriate
congressional committees an annual report with respect
to United States nationals for whom the Secretary
determines there is credible information of unlawful or
wrongful detention abroad.
(B) Form.--The report required under this paragraph
shall be submitted in unclassified form, but may include
a classified annex if necessary.
(2) Composition.--The report required under paragraph (1)
shall include current estimates of the number of individuals so
detained, as well as relevant information about particular
cases, such as--
(A) the name of the individual, unless the provision
of such information is inconsistent with section 552a of
title 5, United States Code (commonly known as the
``Privacy Act of 1974'');
(B) basic facts about the case;
(C) a summary of the information that such
individual may be detained unlawfully or wrongfully;
[[Page 134 STAT. 3093]]
(D) a description of specific efforts, legal and
diplomatic, taken on behalf of the individual since the
last reporting period, including a description of
accomplishments and setbacks; and
(E) a description of intended next steps.
(d) Resource Guidance.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 180
days after the date of the enactment of this Act and after
consulting with relevant organizations that advocate on behalf
of United States nationals detained abroad and the Family
Engagement Coordinator established pursuant to section
304(c)(2), the Secretary of State shall provide resource
guidance in writing for government officials and families of
unjustly or wrongfully detained individuals.
(2) Content.--The resource guidance required under paragraph
(1) should include--
(A) information to help families understand United
States policy concerning the release of United States
nationals unlawfully or wrongfully held abroad;
(B) contact information for officials in the
Department of State or other government agencies suited
to answer family questions;
(C) relevant information about options available to
help families obtain the release of unjustly or
wrongfully detained individuals, such as guidance on how
families may engage with United States diplomatic and
consular channels to ensure prompt and regular access
for the detained individual to legal counsel, family
members, humane treatment, and other services;
(D) guidance on submitting public or private letters
from members of Congress or other individuals who may be
influential in securing the release of an individual;
and
(E) appropriate points of contacts, such as legal
resources and counseling services, who have a record of
assisting victims' families.
SEC. 303. <<NOTE: 22 USC 1741a.>> SPECIAL ENVOY FOR HOSTAGE
AFFAIRS.
(a) <<NOTE: President.>> Establishment.--There shall be a Special
Presidential Envoy for Hostage Affairs, who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
report to the Secretary of State.
(b) Rank.--The Special Envoy shall have the rank and status of
ambassador.
(c) Responsibilities.--The Special Presidential Envoy for Hostage
Affairs shall--
(1) lead diplomatic engagement on United States hostage
policy;
(2) <<NOTE: Coordination.>> coordinate all diplomatic
engagements and strategy in support of hostage recovery efforts,
in coordination with the Hostage Recovery Fusion Cell and
consistent with policy guidance communicated through the Hostage
Response Group;
(3) <<NOTE: Coordination.>> in coordination with the
Hostage Recovery Fusion Cell as appropriate, coordinate
diplomatic engagements regarding cases in which a foreign
government has detained a United States national and the United
States Government regards such detention as unlawful or
wrongful;
[[Page 134 STAT. 3094]]
(4) provide senior representation from the Special Envoy's
office to the Hostage Recovery Fusion Cell established under
section 304 and the Hostage Response Group established under
section 305; and
(5) ensure that families of United States nationals
unlawfully or wrongly detained abroad receive updated
information about developments in cases and government policy.
SEC. 304. <<NOTE: 22 USC 1741b.>> HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an interagency
Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of each of
the following executive departments, agencies, and offices to make
available personnel to participate in the Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may
designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall include--
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator who shall--
(A) work to ensure that all interactions by
executive branch officials with a hostage's family occur
in a coordinated fashion and that the family receives
consistent and accurate information from the United
States Government; and
(B) if directed, perform the same function as set
out in subparagraph (A) with regard to the family of a
United States national who is unlawfully or wrongfully
detained abroad; and
(3) other officers and employees as deemed appropriate by
the President.
(d) <<NOTE: Coordination.>> Duties.--The Hostage Recovery Fusion
Cell shall--
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government's
response to other hostage-takings occurring abroad in which the
United States has a national interest;
(3) if directed, coordinate or assist the United States
Government's response to help secure the release of United
States nationals unlawfully or wrongfully detained abroad; and
(4) pursuant to policy guidance coordinated through the
National Security Council--
(A) identify and recommend hostage recovery options
and strategies to the President through the National
Security Council or the Deputies Committee of the
National Security Council;
[[Page 134 STAT. 3095]]
(B) <<NOTE: Coordination.>> coordinate efforts by
participating agencies to ensure that information
regarding hostage events, including potential recovery
options and engagements with families and external
actors (including foreign governments), is appropriately
shared within the United States Government to facilitate
a coordinated response to a hostage-taking;
(C) <<NOTE: Assessment.>> assess and track all
hostage-takings of United States nationals abroad and
provide regular reports to the President and Congress on
the status of such cases and any measures being taken
toward the hostages' safe recovery;
(D) provide a forum for intelligence sharing and,
with the support of the Director of National
Intelligence, coordinate the declassification of
relevant information;
(E) coordinate efforts by participating agencies to
provide appropriate support and assistance to hostages
and their families in a coordinated and consistent
manner and to provide families with timely information
regarding significant events in their cases;
(F) <<NOTE: Recommenda- tions.>> make
recommendations to agencies in order to reduce the
likelihood of United States nationals' being taken
hostage abroad and enhance United States Government
preparation to maximize the probability of a favorable
outcome following a hostage-taking; and
(G) <<NOTE: Coordination.>> coordinate with
agencies regarding congressional, media, and other
public inquiries pertaining to hostage events.
(e) Administration.--The Hostage Recovery Fusion Cell shall be
located within the Federal Bureau of Investigation for administrative
purposes.
SEC. 305. <<NOTE: 22 USC 1741c.>> HOSTAGE RESPONSE GROUP.
(a) <<NOTE: President. Coordination.>> Establishment.--The
President shall establish a Hostage Response Group, chaired by a
designated member of the National Security Council or the Deputies
Committee of the National Security Council, to be convened on a regular
basis, to further the safe recovery of United States nationals held
hostage abroad or unlawfully or wrongfully detained abroad, and to be
tasked with coordinating the United States Government response to other
hostage-takings occurring abroad in which the United States has a
national interest.
(b) Membership.--The regular members of the Hostage Response Group
shall include the Director of the Hostage Recovery Fusion Cell, the
Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
Special Envoy appointed pursuant to section 303, and representatives
from the Department of the Treasury, the Department of Defense, the
Department of Justice, the Federal Bureau of Investigation, the Office
of the Director of National Intelligence, the Central Intelligence
Agency, and other agencies as the President, from time to time, may
designate.
(c) Duties.--The Hostage Recovery Group shall--
(1) <<NOTE: Recommenda- tion.>> identify and recommend
hostage recovery options and strategies to the President through
the National Security Council;
[[Page 134 STAT. 3096]]
(2) <<NOTE: Coordination.>> coordinate the development and
implementation of United States hostage recovery policies,
strategies, and procedures;
(3) receive regular updates from the Hostage Recovery Fusion
Cell and the Special Envoy for Hostage Affairs on the status of
United States nationals being held hostage or unlawfully or
wrongfully detained abroad and measures being taken to effect
safe recoveries;
(4) <<NOTE: Coordination.>> coordinate the provision of
policy guidance to the Hostage Recovery Fusion Cell, including
reviewing recovery options proposed by the Hostage Recovery
Fusion Cell and working to resolve disputes within the Hostage
Recovery Fusion Cell;
(5) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate or assist in the safe
recovery of United States nationals unlawfully or wrongfully
detained abroad; and
(6) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate the United States
Government response to other hostage-takings occurring abroad in
which the United States has a national interest.
(d) Meetings.--The Hostage Response Group shall meet regularly.
(e) Reporting.--The Hostage Response Group shall regularly provide
recommendations on hostage recovery options and strategies to the
National Security Council.
SEC. 306. <<NOTE: 22 USC 1741d.>> AUTHORIZATION OF IMPOSITION OF
SANCTIONS.
(a) <<NOTE: President. Determination.>> In General.--The President
may impose the sanctions described in subsection (b) with respect to any
foreign person the President determines, based on credible evidence--
(1) is responsible for or is complicit in, or responsible
for ordering, controlling, or otherwise directing, the hostage-
taking of a United States national abroad or the unlawful or
wrongful detention of a United States national abroad; or
(2) knowingly provides financial, material, or technological
support for, or goods or services in support of, an activity
described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a) may be subject to revocation of any
visa or other entry documentation regardless of
when the visa or other entry documentation is or
was issued.
(ii) Immediate effect.--A revocation under
clause (i) may--
(I) take effect immediately; and
[[Page 134 STAT. 3097]]
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(2) Blocking of property.--
(A) <<NOTE: President.>> In general.--The President
may exercise all of the powers granted to the President
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), to the extent necessary to
block and prohibit all transactions in property and
interests in property of a foreign person described in
subsection (a) if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(c) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(1) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (b)(2) or any
regulation, license, or order issued to carry out that subsection shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(e) <<NOTE: President. Determination.>> Termination of Sanctions.--
The President may terminate the application of sanctions under this
section with respect to a person if the President determines that--
(1) information exists that the person did not engage in the
activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
[[Page 134 STAT. 3098]]
(f) <<NOTE: President.>> Reporting Requirement.--If the President
terminates sanctions pursuant to subsection (d), the President shall
report to the appropriate congressional committees a written
justification for such termination within 15 days.
(g) <<NOTE: President.>> Implementation of Regulatory Authority.--
The President may exercise all authorities provided under sections 203
and 205 of the International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section.
(h) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States); or
(B) any entity not organized solely under the laws
of the United States or existing solely in the United
States.
(2) United states person.--The term ``United States person''
means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 307. <<NOTE: 22 USC 1741e.>> DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the
Select Committee on Intelligence of the United States
Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
the Committee on the Judiciary, the Committee on Armed
Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
and
(B) a lawful permanent resident alien with
significant ties to the United States.
[[Page 134 STAT. 3099]]
SEC. 308. <<NOTE: 22 USC 1741f.>> RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize a private right of
action.
Subtitle B--Taiwan <<NOTE: Taiwan Assurance Act of 2020.>> Assurance
Act of 2020
SEC. 311. <<NOTE: 22 USC 3301 note.>> SHORT TITLE.
This subtitle may be cited as the ``Taiwan Assurance Act of 2020''.
SEC. 312. FINDINGS.
Congress makes the following findings:
(1) April 10, 2019, marked the 40th anniversary of the
Taiwan Relations Act of 1979 (Public Law 96-8).
(2) Since 1949, the close relationship between the United
States and Taiwan has benefitted both parties and the broader
Indo-Pacific region.
(3) The security of Taiwan and its democracy are key
elements of continued peace and stability of the greater Indo-
Pacific region, which is in the political, security, and
economic interests of the United States.
(4) The People's Republic of China is currently engaged in a
comprehensive military modernization campaign to enhance the
power-projection capabilities of the People's Liberation Army
and its ability to conduct joint operations, which is shifting
the military balance of power across the Taiwan Strait.
(5) Taiwan and its diplomatic partners continue to face
sustained pressure and coercion from the People's Republic of
China, which seeks to isolate Taiwan from the international
community.
(6) It is the policy of the United States to reinforce its
commitments to Taiwan under the Taiwan Relations Act in a manner
consistent with the ``Six Assurances'' and in accordance with
the United States ``One China'' policy.
(7) In the Taiwan Travel Act, which became law on March 16,
2018, Congress observed that the ``self-imposed restrictions
that the United States maintains on high-level visits'' between
the United States and Taiwan have resulted in insufficient high-
level communication.
SEC. 313. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Taiwan is a vital part of the United States Free and
Open Indo-Pacific Strategy;
(2) the United States Government--
(A) supports Taiwan's continued pursuit of
asymmetric capabilities and concepts; and
(B) urges Taiwan to increase its defense spending in
order to fully resource its defense strategy; and
(3) the United States should conduct regular sales and
transfers of defense articles to Taiwan in order to enhance its
self-defense capabilities, particularly its efforts to develop
and integrate asymmetric capabilities, including undersea
warfare and air defense capabilities, into its military forces.
[[Page 134 STAT. 3100]]
SEC. 314. <<NOTE: 22 USC 3301 note.>> TAIWAN'S INCLUSION IN
INTERNATIONAL ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that the
People's Republic of China's attempts to dictate the terms of Taiwan's
participation in international organizations, has, in many cases,
resulted in Taiwan's exclusion from such organizations even when
statehood is not a requirement, and that such exclusion--
(1) is detrimental to global health, civilian air safety,
and efforts to counter transnational crime;
(2) negatively impacts the safety and security of citizens
globally; and
(3) negatively impacts the security of Taiwan and its
democracy.
(b) Statement of Policy.--It is the policy of the United States to
advocate for Taiwan's meaningful participation in the United Nations,
the World Health Assembly, the International Civil Aviation
Organization, the International Criminal Police Organization, and other
international bodies, as appropriate, and to advocate for Taiwan's
membership in the Food and Agriculture Organization, the United Nations
Educational, Scientific and Cultural Organization, and other
international organizations for which statehood is not a requirement for
membership.
SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State shall
conduct a review of the Department of State's guidance that governs
relations with Taiwan, including the periodic memorandum entitled
``Guidelines on Relations with Taiwan'' and related documents, and
reissue such guidance to executive branch departments and agencies.
(b) Sense of Congress.--It is the sense of Congress that the
Department of State's guidance regarding relations with Taiwan--
(1) should be crafted with the intent to deepen and expand
United States-Taiwan relations, and be based on the value,
merits, and importance of the United States-Taiwan relationship;
(2) should be crafted giving due consideration to the fact
that Taiwan is governed by a representative democratic
government that is peacefully constituted through free and fair
elections that reflect the will of the people of Taiwan, and
that Taiwan is a free and open society that respects universal
human rights and democratic values; and
(3) should ensure that the conduct of relations with Taiwan
reflects the longstanding, comprehensive, and values-based
relationship the United States shares with Taiwan, and
contribute to the peaceful resolution of cross-strait issues.
(c) Reporting Requirements.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report that includes a
description of--
(1) the results of the review pursuant to subsection (a) of
the Department of State's guidance on relations with Taiwan,
including a copy of the reissued ``Guidelines of Relations with
Taiwan'' memorandum; and
[[Page 134 STAT. 3101]]
(2) the implementation of the Taiwan Travel Act (Public Law
115-135) and any changes to guidance on relations with Taiwan
that are the result of such implementation.
Subtitle C--Support <<NOTE: Belarus Democracy, Human Rights, and
Sovereignty Act of 2020.>> for Human Rights in Belarus
SEC. 321. <<NOTE: 22 USC 5801 note.>> SHORT TITLE.
This subtitle may be cited as the ``Belarus Democracy, Human Rights,
and Sovereignty Act of 2020''.
SEC. 322. FINDINGS.
Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) The International Covenant on Civil and Political
Rights, done at New York December 19, 1966, was ratified by
Belarus in 1973, guaranteeing Belarusians the freedom of
expression and the freedom of association.
``(2) Alyaksandr Lukashenka has ruled Belarus as an
undemocratic dictatorship since the first presidential election
in Belarus in 1994.
``(3) Subsequent presidential elections in Belarus have been
neither free nor fair and have been rejected by the
international community as not meeting minimal electoral
standards, with the jailing of opposition activists frequently
used as a tool of government repression before and after the
elections.
``(4) In response to the repression and violence during the
2006 presidential election, Congress passed the Belarus
Democracy Reauthorization Act of 2006 (Public Law 109-480).
``(5) In 2006, President George W. Bush issued Executive
Order 13405, titled `Blocking Property of Certain Persons
Undermining Democratic Processes or Institutions in Belarus',
which authorized the imposition of sanctions against persons
responsible for--
``(A) undermining democratic processes in Belarus;
or
``(B) participating in human rights abuses related
to political repression in Belarus.
``(6) In March 2011, the Senate unanimously passed Senate
Resolution 105, which--
``(A) condemned the December 2010 election in
Belarus as `illegitimate, fraudulent, and not
representative of the will or the aspirations of the
voters in Belarus'; and
``(B) called on the Lukashenka regime `to
immediately and unconditionally release all political
prisoners in Belarus who were arrested in association
with the December 19, 2010, election'.
``(7) The Government of Belarus, led illegally by Alyaksandr
Lukashenka, continues to engage in a pattern of clear and
persistent violations of human rights and fundamental freedoms.
``(8) The Government of Belarus, led illegally by Alyaksandr
Lukashenka, continues to engage in a pattern of clear and
[[Page 134 STAT. 3102]]
uncorrected violations of basic principles of democratic
governance, including through a series of fundamentally flawed
presidential and parliamentary elections undermining the
legitimacy of executive and legislative authority in that
country.
``(9) The Government of Belarus, led illegally by Alyaksandr
Lukashenka, continues to subject thousands of pro-democracy
political activists and peaceful protesters to harassment,
beatings, and imprisonment, particularly as a result of their
attempts to peacefully exercise their right to freedom of
assembly and association.
``(10) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, continues to suppress independent media
and journalists and to restrict access to the internet,
including social media and other digital communication
platforms, in violation of the right to freedom of speech and
expression of those dissenting from the dictatorship of
Alyaksandr Lukashenka.
``(11) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, continues a systematic campaign of
harassment, repression, and closure of nongovernmental
organizations, including independent trade unions and
entrepreneurs, creating a climate of fear that inhibits the
development of civil society and social solidarity.
``(12) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, has pursued a policy undermining the
country's sovereignty and independence by making Belarus
political, economic, cultural, and societal interests
subservient to those of Russia.
``(13) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, continues to reduce the independence of
Belarus through integration into a so-called `Union State' that
is under the control of Russia.
``(14) In advance of the August 2020 presidential elections
in Belarus, authorities acting on behalf of President Lukashenka
arrested journalists, bloggers, political activists, and
opposition leaders, including 3 leading presidential candidates
(Syarhey Tsikhanouski, Mikalay Statkevich, and Viktar Babaryka),
who were barred from running in the election by the Central
Election Commission of the Republic of Belarus.
``(15) While the 3 opposition candidates were imprisoned, 2
of their wives and 1 of their campaign managers (Sviatlana
Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava) joined
together and ran in place of the candidates.
``(16) Thousands of Belarusian people demonstrated their
support for these candidates by attending rallies, including 1
rally that included an estimated 63,000 participants.
``(17) On August, 5, 2020, the Senate unanimously passed
Senate Resolution 658, which calls for a free, fair, and
transparent presidential election in Belarus, including the
unimpeded participation of all presidential candidates.
``(18) On August 9, 2020, the Government of Belarus
conducted a presidential election that--
``(A) was held under undemocratic conditions that
did not meet international standards;
``(B) involved government malfeasance and serious
irregularities with ballot counting and the reporting of
election results, including--
[[Page 134 STAT. 3103]]
``(i) early voting ballot stuffing;
``(ii) ballot burning;
``(iii) pressuring poll workers; and
``(iv) removing bags full of ballots by
climbing out of windows;
``(C) included restrictive measures that impeded the
work of local independent observers and did not provide
sufficient notice to the OSCE to allow for the OSCE to
monitor the elections, as is customary.
``(19) Incumbent president Alyaksandr Lukashenka declared a
landslide victory in the election and claimed to have received
more than 80 percent of the votes cast in the election.
``(20) The leading opposition candidate, Sviatlana
Tsikhanouskaya--
``(A) formally disputed the government's reported
election results;
``(B) explained that her staff had examined the
election results from more than 50 polling places; and
``(C) found that her share of the vote exceeded
Lukashenka's share by many times.
``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was
detained while attending a meeting with the Central Election
Commission of the Republic of Belarus and forced to flee to
Lithuania under pressure from government authorities.
``(22) On August 11, 2020, Lithuanian Foreign Minister Linas
Linkevicius announced that Sviatlana Tsikhanouskaya was safe in
Lithuania and has continued to be one of the strongest voices
supporting the pro-democracy movement in Belarus within the
European Union and globally.
``(23) On August 18, 2020, Sviatlana Tsikhanouskaya
announced the formation of a Coordination Council to oversee a
resolution to the crisis in Belarus and a peaceful transition of
power by subjecting the Council's senior members to violence,
detention, and forced exile. The Government of Belarus, led
illegally by Alyaksandr Lukashenka, has sought to stop the work
of the Coordination Council.
``(24) Before the European Parliament on August 25, 2020,
Sviatlana Tsikhanouskaya stressed that a `peaceful revolution'
was underway in Belarus, and that `It is neither a pro-Russian
nor anti-Russian revolution. It is neither an anti-European
Union nor a pro-European Union revolution. It is a democratic
revolution.'.
``(25) On or around September 6, 2020, opposition leader
Maria Kalesnikava and members of the Coordination Council,
including Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov,
were detained by authorities who sought to forcibly expel them
to Ukraine. Ms. Kalesnikava tore up her passport at the
Ukrainian border in a successful effort to prevent this
expulsion, subsequently disappeared, and was discovered in a
Minsk prison on September 9, 2020.
``(26) On August 11, 2020, the European Union High
Representative for Foreign and Security Policy, Josep Borrell,
issued a declaration on the presidential election in Belarus
stating that the elections were neither free nor fair.
[[Page 134 STAT. 3104]]
``(27) On August 28, 2020, United States Deputy Secretary of
State Stephen Biegun declared that the August 9th election in
Belarus was fraudulent.
``(28) Following Alyaksandr Lukashenka's September 23, 2020,
secret inauguration, the United States, the European Union,
numerous European Union member states, the United Kingdom, and
Canada announced that they did not recognize Mr. Lukashenka as
the legitimately elected leader of Belarus.
``(29) Since the sham election on August 9, 2020, tens of
thousands of Belarusian citizens have participated in daily
peaceful protests calling for a new, free, and fair election,
and the release of political prisoners.
``(30) According to Amnesty International, on August 30,
2020, Belarusians held one of the largest protest rallies in the
country's modern history in Minsk and in other cities, which was
attended by at least 100,000 people who demanded the resignation
of President Lukashenka and an investigation into the human
rights violations in Belarus.
``(31) Women have served as the leading force in
demonstrations across the country, protesting the police
brutality and mass detentions by wearing white, carrying
flowers, forming `solidarity chains', and unmasking undercover
police trying to arrest demonstrators.
``(32) The Government of Belarus has responded to the
peaceful opposition protests, which are the largest in Belarus
history, with a violent crackdown, including, according to the
United Nations Special Rapporteur, the detention by government
authorities of more than 10,000 peaceful protestors as of
September 18, 2020, mostly for taking part in or observing
peaceful protests, with many of these arrests followed by
beatings and torture at the hands of Belarusian law enforcement.
``(33) According to the Viasna Human Rights Centre, at least
450 detainees have reported being tortured or otherwise ill-
treated while held in incommunicado detention for up to 10 days,
including through--
``(A) severe beatings;
``(B) forced performance of humiliating acts; and
``(C) sexual violence and other forms of violence.
``(34) At least 4 Belarusians have been killed at protests,
and dozens of Belarusians who were detained during the protests
are still missing.
``(35) The Belarus Ministry of Defense threatened to send
the army to confront protestors, warning that in case of any
violation of peace and order in areas around national monuments,
`you will have the army to deal with now, not the police'.
``(36) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, has consistently restricted the free flow
of information to silence the opposition and to conceal the
regime's violent crackdown on peaceful protestors, including
by--
``(A) stripping the accreditation of journalists
from major foreign news outlets;
``(B) detaining and harassing countless journalists.
``(C) arresting dozens of journalists, 6 of whom
report for Radio Free Europe/Radio Liberty;
[[Page 134 STAT. 3105]]
``(D) halting the publishing of 2 independent
newspapers; and
``(E) disrupting internet access;
``(F) blocking more than 50 news websites that were
covering the protests; and
``(G) limiting access to social media and other
digital communication platforms.
``(37) Internet access in Belarus has been repeatedly
disrupted and restricted since August 9, 2020, which independent
experts and monitoring groups have attributed to government
interference.
``(38) Thousands of employees at Belarusian state-owned
enterprises, who have been seen as Alyaksandr Lukashenka's
traditional base during his 26-year rule, went on strike across
the country to protest Lukashenka's illegitimate election and
the subsequent crackdowns, including at some of Belarus's
largest factories such as the BelAZ truck plant, the Minsk
Tractor Works, and the Minsk Automobile Plant.
``(39) After the employees of state media outlets walked off
the job in protest rather than help report misleading government
propaganda, Lukashenka confirmed that he `asked the Russians' to
send teams of Russian journalists to replace local employees.
``(40) On August 19, 2020, European Council President
Charles Michel announced that the European Union would impose
sanctions on a substantial number of individuals responsible for
violence, repression, and election fraud in Belarus.
``(41) On October 2, 2020, the Department of Treasury
announced new sanctions under Executive Order 13405 on eight
individuals `for their roles in the fraudulent August 9, 2020
Belarus presidential election or the subsequent violent
crackdown on peaceful protesters'.
``(42) Similar sanctions have also been applied to
Belarusian human rights violators by the Government of Canada
and the Government of the United Kingdom.
``(43) Against the will of the majority of the Belarusian
people--
``(A) Alyaksandr Lukashenka appealed to Russian
President Vladimir Putin to provide security assistance
to his government, if requested; and
``(B) President Putin has agreed to prop up the
Alyaksandr Lukashenka regime by--
``(i) confirming that a Russian police force
was ready to be deployed if `the situation gets
out of control';
``(ii) providing significant financial
support; and
``(iii) sending Russian propagandists to help
disseminate pro-regime propaganda on Belarus state
television.
``(44) The Governments of the United States, the European
Union, the United Kingdom, and Canada have--
``(A) condemned the violent crackdown on peaceful
protestors;
``(B) refused to accept the results of the
fraudulent election; and
``(C) called for new free and fair elections under
independent observation.''.
[[Page 134 STAT. 3106]]
SEC. 323. STATEMENT OF POLICY.
Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to condemn--
``(A) the conduct of the August 9, 2020,
presidential election in Belarus, which was neither free
nor fair;
``(B) the Belarusian authorities' unrelenting
crackdown on, arbitrary arrests of, and violence against
opposition candidates, peaceful protestors, human rights
activists, employees from state-owned enterprises
participating in strikes, independent election
observers, and independent journalists and bloggers; and
``(C) the unjustified detention and forced or
attempted expulsion of members of the Coordination
Council in Belarus;
``(2) to continue demanding the immediate release without
preconditions of all political prisoners in Belarus and those
arrested for peacefully protesting, including all those
individuals detained in connection with the August 9, 2020,
presidential election;
``(3) to stand in solidarity with the people of Belarus,
including human rights defenders, bloggers, and journalists, who
are exercising their right to freedom of assembly, freedom of
expression, and rule of law and to continue supporting the
aspirations of the people of Belarus for democracy, human
rights, and the rule of law;
``(4) to continue actively supporting the aspirations of the
people of the Republic of Belarus--
``(A) to preserve the independence and sovereignty
of their country; and
``(B) to freely exercise their religion, including
the head of the Catholic Church in Belarus, Archbishop
Tadeusz Kondrusiewicz, who was barred from entering the
country after criticizing Belarusian authorities;
``(5) to recognize the leading role of women in the peaceful
protests and pro-democracy movement in Belarus;
``(6) to continue--
``(A) rejecting the invalid results of the
fraudulent August 9, 2020 presidential election in
Belarus announced by the Central Election Commission of
the Republic of Belarus; and
``(B) supporting calls for new presidential and
parliamentary elections, conducted in a manner that is
free and fair according to OSCE standards and under the
supervision of OSCE observers and independent domestic
observers;
``(7) <<NOTE: Alyaksandr Lukashenka.>> to refuse to
recognize Alyaksandr Lukashenka as the legitimately elected
leader of Belarus;
``(8) to not recognize any incorporation of Belarus into a
`Union State' with Russia, since this so-called `Union State'
would be both an attempt to absorb Belarus and a step to
reconstituting the totalitarian Soviet Union;
``(9) to continue calling for the fulfillment by the
Government of Belarus of Belarus's freely undertaken obligations
as
[[Page 134 STAT. 3107]]
an OSCE participating state and as a signatory of the Charter of
the United Nations;
``(10) to support an OSCE role in mediating a dialogue
within Belarus between the government and genuine
representatives of Belarusian society;
``(11) to recognize the Coordination Council as a legitimate
institution to participate in a dialogue on a peaceful
transition of power;
``(12) to applaud the commitment by foreign diplomats in
Minsk to engage with Coordination Council member and Nobel
Laureate, Svetlana Alexievich, and to encourage an ongoing
dialogue with her and with other leaders of the democratically-
oriented political opposition in Belarus;
``(13) to urge an expanded United States diplomatic presence
in Belarus to advocate for the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(14) to encourage the United States Government--
``(A) to continue working closely with the European
Union, the United Kingdom, Canada, and other countries
and international organizations to promote the
principles of democracy, the rule of law, and human
rights in Belarus; and
``(B) <<NOTE: Coordination.>> to impose targeted
sanctions, in coordination with the European Union and
other international partners, against officials in
Belarus who are responsible for--
``(i) undermining democratic processes in
Belarus; or
``(ii) participating in human rights abuses
related to political repression in Belarus;
``(15) to call on the Government of Belarus to uphold its
human rights obligations, including those rights enumerated in
the International Covenant on Civil and Political Rights; and
``(16) to support--
``(A) the continued territorial integrity of
Belarus; and
``(B) the right of the Belarusian people to
determine their future.''.
SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND
SOVEREIGNTY IN BELARUS.
Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) by amending the section heading to read as follows:
``<SUP>assistance to promote democracy, civil society, and sovereignty in belarus</SUP>
.'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``European'' and
inserting ``Trans-Atlantic''; and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) To assist the people of Belarus in building the
sovereignty and independence of their country.'';
(3) in subsection (b)--
(A) by inserting ``and Belarusian groups outside of
Belarus'' after ``indigenous Belarusian groups''; and
(B) by inserting ``and Belarusian sovereignty''
before the period at the end;
[[Page 134 STAT. 3108]]
(4) in subsection (c)--
(A) by striking paragraph (8);
(B) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(C) by inserting after paragraph (2) the following:
``(3) countering internet censorship and repressive
surveillance technology that seek to limit free association,
control access to information, and prevent citizens from
exercising their rights to free speech;'';
(D) in paragraph (8), as redesignated, by striking
``and'' at the end; and
(E) by adding at the end the following:
``(9) supporting the work of women advocating freedom, human
rights, and human progress;
``(10) supporting the development of Belarusian language
education;
``(11) enhancing the development of the private sector,
particularly the information technology sector, and its role in
the economy of Belarus, including by increasing the capacity of
private sector actors, developing business support
organizations, offering entrepreneurship training, and expanding
access to finance for small and medium enterprises;
``(12) supporting political refugees in neighboring European
countries fleeing the crackdown in Belarus;
``(13) supporting the gathering of evidence on and
investigating of the human rights abuses in Belarus;
``(14) supporting the public health response, including
filling the information void, in Belarus during the COVID-19
pandemic; and
``(15) other activities consistent with the purposes of this
Act.'';
(5) by redesignating subsection (d) as subsection (g);
(6) by inserting after subsection (c) the following:
``(d) Sense of Congress.--It is the sense of Congress that, in light
of the political crisis in Belarus and the unprecedented mobilization of
the Belarusian people, United States foreign assistance to Belarusian
civil society should be reevaluated and increased--
``(1) to carry out the purposes described in subsection (a);
and
``(2) to include the activities described in subsection (c).
``(e) Coordination With European Partners.--In order to maximize
impact, eliminate duplication, and further the achievement of the
purposes described in subsection (a), the Secretary of State shall
ensure coordination with the European Union and its institutions, the
governments of countries that are members of the European Union, the
United Kingdom, and Canada.
``(f) Report on Assistance.--Not later than 1 year after the date of
the enactment of the Belarus Democracy, Human Rights, and Sovereignty
Act of 2020, the Secretary of State, acting through the Office of the
Coordinator of U.S. Assistance to Europe and Eurasia, and in
coordination with the Administrator of the United States Agency for
International Development, shall submit a report to the appropriate
congressional committees describing the programs and activities carried
out to achieve the purposes described in subsection (a), including an
assessment of whether or not progress was made in achieving those
purposes.''; and
[[Page 134 STAT. 3109]]
(7) in subsection (g), as redesignated--
(A) in the subsection heading, by striking
``Authorization of Appropriations'' and all that follows
through ``There are'' and inserting ``Authorization of
Appropriations.--There are'';
(B) by striking ``fiscal years 2007 and 2008'' and
inserting ``fiscal years 2021 and 2022''; and
(C) by striking paragraph (2).
SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS
TO INFORMATION IN BELARUS.
Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS
TO INFORMATION IN BELARUS.
``(a) Sense of Congress.--It is the sense of Congress that--
``(1) <<NOTE: President.>> the President should support and
reallocate resources to radio, television, and internet
broadcasting conducted by Radio Free Europe/Radio Liberty in
languages spoken in Belarus;
``(2) the United States should also support other
independent media providing objective information to the
Belarusian people, particularly in the Belarusian language;
``(3) <<NOTE: President.>> the President should provide the
United States Agency for Global Media with a surge capacity (as
such term is defined in section 316 of the United States
International Broadcasting Act (22 U.S.C. 6216)) for programs
and activities in Belarus;
``(4) the Chief Executive Officer of the United States
Agency for Global Media, working through the Open Technology
Fund and in coordination with the Secretary of State, should
expand and prioritize efforts to provide anti-censorship
technology and services to journalists and civil society in
Belarus in order to enhance their ability to safely access or
share digital news and information without fear of repercussions
or surveillance; and
``(5) the United States should continue to condemn the
Belarusian authorities' crackdown on independent media,
including the harassment and mass detentions of independent and
foreign journalists and the denial of accreditation.
``(b) Strategy To Promote Expanded Broadcasting, Internet Freedom,
and Access to Information in Belarus.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the date of the enactment of the Belarus Democracy,
Human Rights, and Sovereignty Act of 2020, the Chief Executive
Officer of the United States Agency for Global Media and the
Secretary of State shall jointly submit to the appropriate
congressional committees a comprehensive strategy, including a
cost estimate, to carry out the following:
``(A) Expand independent radio, television, live
stream, and social network broadcasting and
communications in Belarus to provide news and
information, particularly in the Belarusian language,
that is credible, comprehensive, and accurate.
``(B) Support the development and use of anti-
censorship and circumvention technologies by the Open
Technology Fund and the Bureau of Democracy Human Rights
[[Page 134 STAT. 3110]]
and Labor that enable the citizens of Belarus to
communicate securely and undertake internet activities
without interference from the Government of Belarus.
``(C) Assist efforts to overcome attempts by the
Government of Belarus to disrupt internet access and
block content online.
``(D) Monitor the cooperation of the Government of
Belarus with any foreign government or organization for
purposes related to the censorship or surveillance of
the internet, including an assessment of any such
cooperation in the preceding ten years.
``(E) Monitor the purchase or receipt by the
Government of Belarus of any technology or training from
any foreign government or organization for purposes
related to the censorship or surveillance of the
internet, including an assessment of any such purchase
or receipt in the preceding ten years.
``(F) Assist with the protection of journalists who
have been targeted for free speech activities, including
through the denial of accreditation.
``(G) Provide cyber-attack mitigation services to
civil society organizations in Belarus.
``(H) Provide resources for educational materials
and training on digital literacy, bypassing internet
censorship, digital safety, and investigative and
analytical journalism for independent journalists
working in Belarus.
``(I) Build the capacity of civil society, media,
and other nongovernmental and organizations to identify,
track, and counter disinformation, including from
proxies of the Government of Russia working at
Belarusian state television.
``(2) Form.--The report required under paragraph (1) shall
be transmitted in unclassified form, but may contain a
classified annex.''.
SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (b)--
(A) by striking ``December 19, 2010'' each place it
appears and inserting ``August 9, 2020'';
(B) in paragraph (2), by inserting ``, peaceful
protesters,'' after ``all opposition activists'';
(C) by striking paragraphs (3) and (6); and
(D) by redesignating paragraphs (4), (5), and (7) as
paragraphs (3), (4), and (5), respectively;
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and
Russian Individuals Complicit in the Crackdown That
Occurred After the August 9, 2020, Election'' after
``Belarus'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(C) by inserting after paragraph (3) the following:
``(4) is a member of the Central Election Commission of
Belarus or assisted the Commission in manipulating the
presidential election of August 9, 2020;'';
[[Page 134 STAT. 3111]]
(D) in paragraph (5), as redesignated, to read as
follows:
``(5) is a member of any branch of the security or law
enforcement services of Belarus, including the KGB, Interior
Ministry, and OMON special police unit, and is responsible for,
or complicit in, ordering, controlling, materially assisting,
sponsoring, or providing financial, material, or technological
support for, or otherwise directing, the crackdown on opposition
leaders, journalists, and peaceful protestors that occurred in
connection with the presidential election of August 9, 2020;
or''; and
(E) by adding at the end the following:
``(7) is a government official, including at the Information
Ministry, responsible for the crackdown on independent media,
including revoking the accreditation of journalists, disrupting
internet access, and restricting online content;
``(8) is an official in the so-called `Union State' between
Russia and Belarus (regardless of nationality of the
individual); or
``(9) is a Russian individual that has significantly
participated in the crackdown on independent press or human
rights abuses related to political repression in Belarus,
including the Russian propagandists sent to replace local
employees at Belarusian state media outlets.'';
(3) in subsection (d)(1), by striking ``the Overseas Private
Investment Corporation'' and inserting ``the United States
International Development Finance Corporation'';
(4) in subsection (e), by striking ``(including any
technical assistance or grant) of any kind''; and
(5) in subsection (f)--
(A) in paragraph (1)(A), by striking ``or by any
member or family member closely linked to any member of
the senior leadership of the Government of Belarus'' and
inserting ``or by the senior leadership of the
Government of Belarus or by any member or family member
closely linked to the senior leadership of the
Government of Belarus, or an official of the so-called
`Union State' with Russia''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by adding at the end
before the semicolon the following: ``, or an
official of the so-called `Union State' with
Russia''; and
(ii) in subparagraph (B), by inserting ``, or
the so-called `Union State' with Russia,'' after
``the Government of Belarus''.
SEC. 327. MULTILATERAL COOPERATION.
Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 7. MULTILATERAL COOPERATION.
``It is <<NOTE: President.>> the sense of Congress that the
President should continue to coordinate with the European Union and its
institutions, European Union member states, the United Kingdom, and
Canada to develop a comprehensive, multilateral strategy--
``(1) to further the purposes of this Act, including, as
appropriate, encouraging other countries to take measures with
[[Page 134 STAT. 3112]]
respect to the Republic of Belarus that are similar to measures
described in this Act; and
``(2) to deter the Government of the Russian Federation from
undermining democratic processes and institutions in Belarus or
threatening the independence, sovereignty, and territorial
integrity of Belarus.''.
SEC. 328. REPORTS.
Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 8. REPORTS.
``(a) Report on Threat to Sovereignty and Independence of Belarus.--
``(1) <<NOTE: Deadline. Coordination.>> In general.--Not
later than 120 days after the date of the enactment of the
Belarus Democracy, Human Rights, and Sovereignty Act of 2020,
the Secretary of State, in coordination with the Director of
National Intelligence and the Secretary of the Treasury, shall
transmit to the appropriate congressional committees a report
describing the threat that the Government of Russia poses to the
sovereignty and independence of Belarus.
``(2) Matters to be included.--The report required under
paragraph (1) shall include--
``(A) <<NOTE: Assessment.>> an assessment of how
the Government of Russia is exploiting the current
political crisis in Belarus to push for deeper political
and economic control of or integration with Belarus;
``(B) a description of the economic and energy
assets in Belarus that the Government of Russia,
including Russian state-owned or state-controlled
companies, controls;
``(C) a description of Belarus major enterprises
that are vulnerable of being taken over by Russian
entities amid the country's worsening financial crisis;
``(D) a description of how and to what ends the
Government of Russia seeks to augment its military
presence in Belarus;
``(E) a description of Russian influence over the
media and information space in Belarus and how the
Government of Russia uses disinformation and other
malign techniques to undermine Belarusian history,
culture, and language;
``(F) a description of other actors in Belarus that
the Government of Russia uses to advance its malign
influence, including veterans' organizations and
extrajudicial networks;
``(G) a description of efforts to undermine
Belarusian language, cultural, and national symbols,
including the traditional red and white flag and the
`Pahonia' mounted knight; and
``(H) the identification of Russian individuals and
government agencies that are significantly supporting or
involved in the crackdown on peaceful protestors and the
opposition or the repression of independent media
following the August 9, 2020, presidential election.
``(3) Form.--The report required under this subsection shall
be transmitted in unclassified form, but may contain a
classified annex.
``(b) Report on Personal Assets of Alyaksandr Lukashenka.--
[[Page 134 STAT. 3113]]
``(1) In general.--Not later than 90 days after the date of
the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2020, the Director of National Intelligence,
in consultation with the Secretary of the Treasury and the
Secretary of State, shall submit to the appropriate
congressional committees a report describing--
``(A) the total assets under the direct or indirect
control of Alyaksandr Lukashenka, including estimated
assets and known sources of income of Alyaksandr
Lukashenka and his immediate family members, including
assets, investments, bank accounts, and other business
interests; and
``(B) an identification of the most significant
senior foreign political figures in Belarus, as
determined by their closeness to Alyaksandr Lukashenka.
``(2) Waiver.--The Director of National Intelligence may
waive, in whole or in part, the reporting requirement under
paragraph (1)(A) if the Director submits to the appropriate
congressional committees--
``(A) a written justification stating that the
waiver is in the national interest of the United States;
and
``(B) a detailed explanation of the reasons
therefor.
``(3) Form.--The report required under this subsection shall
be transmitted in unclassified form, but may contain a
classified annex.''.
SEC. 329. DEFINITIONS.
Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(C) the Committee on Appropriations of the Senate;
``(D) the Committee on Foreign Affairs of the House
of Representatives;
``(E) the Committee on Financial Services of the
House of Representatives; and
``(F) the Committee on Appropriations of the House
of Representatives.''; and
(2) in paragraph (3)(B)--
(A) in clause (i), by inserting ``members of the
security and intelligence services,'' after
``prosecutors,''; and
(B) in clause (ii), by inserting ``, electoral
fraud, online censorship, or restrictions on independent
media and journalists'' after ``public corruption''.
SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this subtitle, submitted for printing in the
Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
[[Page 134 STAT. 3114]]
Subtitle D--Gandhi-King <<NOTE: Gandhi-King Scholarly Exchange
Initiative Act.>> Scholarly Exchange Initiative Act
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ``Gandhi-King Scholarly Exchange
Initiative Act''.
SEC. 332. FINDINGS.
Congress makes the following findings:
(1) The peoples of the United States and India have a long
history of friendship and the interests of the peoples of the
United States, India, and the world will benefit from a stronger
United States-India partnership.
(2) Mohandas Karamchand Gandhi and Martin Luther King, Jr.,
were dedicated leaders fighting for social justice and social
change, peace, and civil rights in their respective communities,
and countries and in the world.
(3) The use of nonviolent civil disobedience is a shared
tactic that has played a key role in defeating social injustice
in India, the United States, and in other parts of the world.
(4) Mohandas Gandhi, who was born on October 2, 1869, was
murdered on January 30, 1948, after dedicating his life to the
peaceful empowerment of the people of India and to the end of
British colonial rule.
(5) Martin Luther King, Jr., who was born on January 15,
1929, was murdered on April 4, 1968, after a life dedicated to
peaceful movements against segregation, discrimination, racial
injustice, and poverty.
(6) In February 1959, Dr. King and his wife, Coretta Scott
King, traveled throughout India. By the end of his monthlong
visit, Dr. King said, ``I am more convinced than ever before
that the method of nonviolent resistance is the most potent
weapon available to oppressed people in their struggle for
justice and human dignity.''.
(7) Fifty years after Dr. King's visit, All India Radio, the
national radio station of India, discovered a taped message by
Dr. King that emphasized the intellectual harmony between the
messages of Dr. King and Mohandas Gandhi on nonviolent social
action.
(8) On August 22, 2011, the Dr. Martin Luther King, Jr.,
National Memorial opened to the public in Washington, DC. This
newest memorial on the National Mall pays tribute to Dr. King's
national and international contributions to world peace through
nonviolent social change.
(9) The 116th Congress coincides with both the 150th birth
anniversary of Mohandas Gandhi and the 90th birth anniversary of
Dr. Martin Luther King, Jr.
(10) Mohandas Gandhi, who employed the principle of
satyagraha, or ``fighting with peace'', has come to represent
the moral force inspiring many civil and social rights movement
around the world.
(11) Dr. King's effective use of Gandhi's principles was
instrumental to the American civil rights movement.
(12) There is a long history of civil and social rights
movements in the United States and in India. As the relationship
between the United States and India evolves, a binational
[[Page 134 STAT. 3115]]
foundation through which the governments of each country can
work together and catalyze private investment toward development
objectives would provide an ongoing, productive institution and
symbol of the friendship and common ideals of the respective
governments and their peoples.
(13) There is a global goal of ending tuberculosis by 2030,
the United States and India seek a TB-Free India by 2025, and
the United States-India Gandhi-King Development Foundation, as
described in this subtitle, could help address gaps across the
TB value chain in prevention, detection, diagnosis, and
treatment, and catalyze market-based strategies to bridge the
service gap for the ``last mile''.
(14) Leaders in both countries have prioritized the United
States-India relationship and continue to support a strengthened
United States-India partnership, recognizing that it will be one
of the defining partnerships of the 21st century.
SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.
(a) In General.--In order to further the shared ideals and values of
Mohandas Gandhi and Martin Luther King, Jr, the Secretary of State
should establish, in cooperation with the appropriate representatives of
the Government of India, a professional exchange program known as the
``Gandhi-King Scholarly Exchange Initiative''. The initiative should be
comprised of the following:
(1) An annual educational forum for scholars from the United
States and India that focuses on the social justice and human
and civil rights legacies of Mohandas Gandhi and Martin Luther
King, Jr., which should--
(A) be held alternately in the United States and in
India;
(B) include representatives from governments,
nongovernmental organizations, civic organizations, and
educational, cultural, women's, civil, and human rights
groups, including religious and ethnic minorities and
marginalized communities; and
(C) focus on studying the works of Gandhi and King,
and applying their philosophies of nonviolent resistance
to addressing current issues, including poverty
alleviation, conflict mitigation, human and civil rights
challenges, refugee crises, and threats to democracy and
democratic norms in countries around the world.
(2) An undergraduate, graduate, and post-graduate student
exchange for students in the United States and India to--
(A) study the history and legacies of Martin Luther
King, Jr., and Mohandas Gandhi; and
(B) research, develop, and recommend best practices
relating to peace, nonviolence, and reconciliation in
current conflict regions.
(b) Sunset.--The authorities provided under this section shall
terminate on the date that is five years after the date of enactment of
this Act.
SEC. 334. GANDHI-KING GLOBAL ACADEMY.
(a) In General.--The president and chief executive officer of the
United States Institute of Peace should create a professional
development training initiative on conflict resolution tools based on
the principles of nonviolence. Such training initiative shall be known
as the Gandhi-King Global Academy and should--
[[Page 134 STAT. 3116]]
(1) include representatives from governments,
nongovernmental organizations, civic organizations, and
educational, cultural, women's, civil, and human rights groups,
including religious and ethnic minorities and marginalized
communities in countries with ongoing political, social, ethnic,
or violent conflict;
(2) include a specific focus on the success of nonviolent
movements, inclusion, and representation in conflict resolution;
(3) develop a curriculum on conflict resolution tools based
on the principles of nonviolence; and
(4) make the curriculum publicly available online, in
person, and through a variety of media.
(b) Prohibition.--The United States Institute of Peace may not, in
the course of any activity authorized by subsection (a), enter into any
contract with an outside entity to conduct advocacy on its behalf.
(c) Sunset.--The authorities provided under this section shall
terminate on the date that is five years after the date of enactment of
this Act.
SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-KING
DEVELOPMENT FOUNDATION.
(a) Establishment.--The Administrator of the United States Agency
for International Development (USAID), with the concurrence of the
Secretary of State and in coordination with appropriate counterparts in
the Government of India, is authorized to establish, on such terms and
conditions as are determined necessary, one or more legal entities to
compose the United States-India Gandhi-King Development Foundation (in
this section referred to as the ``Foundation''). Each such legal entity
within the Foundation shall be organized under the laws of India and
shall not be considered to be an agency or establishment of the United
States Government and shall not have the full faith and credit of the
United States.
(b) Functions.--The Foundation, through one or more entities
referred to in subsection (a)--
(1) shall identify development priorities and administer and
oversee competitively-awarded grants to private nongovernmental
entities to address such priorities in India, including--
(A) health initiatives addressing tuberculosis (TB),
water, sanitation, and health (WASH), and pollution and
related health impacts (PHI);
(B) pollution, plastic waste reduction, and climate-
related shocks;
(C) education; and
(D) empowerment of women;
(2) should provide credible platforms and models, including
returnable capital to attract and blend public and private
capital, which can then be deployed efficiently and effectively
to address the priorities identified in paragraph (1).
(c) Additionality.--
(1) In general.--Before an entity within the Foundation
makes a grant under subsection (b)(1) to address a priority
identified under such subsection, the Foundation shall ensure
that private sector entities are afforded an opportunity to
support the projects funded by such grants.
[[Page 134 STAT. 3117]]
(2) Safeguards, policies, and guidelines.--The Foundation
shall develop appropriate safeguards, policies, and guidelines
to ensure that grants made under subsection (b)(1) operate
according to internationally recognized best practices and
standards, including for transparency and accountability.
(d) Limitations.--No party receiving a grant made under subsection
(b)(1) may receive such grant in an amount that is more than five
percent of amounts appropriated or otherwise made available under
section 337(a)(3) to the entity in the Foundation making such grant.
(e) Governing Council.--
(1) Purpose.--The Government of the United States and the
Government of India shall convene a Governing Council to provide
guidance and direction to the Foundation.
(2) Appointment of members.--The Administrator of the United
States Agency for International Development, with the
concurrence of the Secretary of State, shall appoint a majority
of the Governing Council of the Foundation for a period of five
years following the establishment of the Foundation.
(3) Charter.--The Governing Council of the Foundation shall
adopt a charter for the operation of the Foundation, which shall
include provisions to--
(A) identify development priorities or a process to
identify development priorities;
(B) <<NOTE: Criteria.>> define criteria for
application, merit review, and transparent, competitive
awarding of grants by the Foundation;
(C) establish an annual organization-wide audit by
an independent auditor in accordance with generally
accepted auditing standards, the results of which shall
be made immediately available to the Board, the
Administrator of the United States Agency for
International Development, and the appropriate
Government of India counterpart;
(D) assist in the creation of project specific
timetables for each of the projects funded by a grant
from the Foundation;
(E) establish an oversight role and march-in audit
rights for the Administrator of the United States Agency
for International Development and the appropriate
Government of India counterpart; and
(F) establish an annual report on the activities of
the Foundation to be made publicly available.
(f) Publicly Available Project Information.--The Foundation shall
maintain a user-friendly, publicly available, machine readable database
with detailed project level information, as appropriate, including a
description of the grants made by the Foundation under this section and
project level performance metrics.
(g) Detail of United States Government Personnel to the
Foundation.--
(1) <<NOTE: Determination.>> In general.--Whenever the
Administrator of the United States Agency for International
Development or the Secretary of State determines it to be in
furtherance of the purposes of this subtitle, the Administrator
and the Secretary are authorized to detail or assign any officer
or employee of the Agency or the Department, respectively, to
any position in the Foundation to provide technical, scientific,
or professional assistance to the Foundation or, in cooperation
with the
[[Page 134 STAT. 3118]]
Foundation, to implementing partners of the Foundation, without
reimbursement to the United States Government.
(2) Status.--Any United States Government officer or
employee, while detailed or assigned under this subsection,
shall be considered, for the purpose of preserving their
allowances, privileges, rights, seniority, and other benefits as
such, an officer or employee of the United States Government and
of the agency of the United States Government from which
detailed or assigned, and shall continue to receive
compensation, allowances, and benefits from program funds
appropriated to that agency or made available to that agency for
purposes related to the activities of the detail or assignment,
in accordance with authorities related to their employment
status and agency policies.
(3) Sunset.--The authorities provided under this subsection
shall terminate on the date that is five years after the
establishment of the Foundation.
SEC. 336. REPORTING REQUIREMENTS.
(a) Initial Reports.--Not later than 120 days after the date of the
enactment of this Act--
(1) the Secretary of State shall submit to the Committee on
Foreign Affairs and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate a report on the
Secretary of State's plan to establish the initiative authorized
under section 333;
(2) the president and chief executive officer of the United
States Institute of Peace shall submit to the Committee on
Foreign Affairs and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate a report on the
president and chief executive officer's plan to establish the
initiative authorized under section 334; and
(3) the Administrator of the United States Agency for
International Development shall submit to the Committee on
Foreign Affairs and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate a report on the
Administrator's plan to establish the organization authorized
under section 335.
(b) Periodic Updates.--The Secretary of State, president and chief
executive officer of the United States Institute of Peace, and
Administrator of the United States Agency for International Development
shall submit to the committees described in subsection (a)(3) an update
on a semiannual basis regarding the progress in implementing each of the
initiatives or establishing the organization referred to in such
subsection.
SEC. 337. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out--
(1) section 333, up to $1,000,000 for each of fiscal years
2021 through 2025 to the Secretary of State
(2) section 334, up to $2,000,000 for fiscal year 2021 to
the United States Institute of Peace;
[[Page 134 STAT. 3119]]
(3) section 335, up to $30,000,000 for fiscal year 2021 to
the Administrator of the United States Agency for International
Development; and
(4) section 335, up to an additional $15,000,000 for each of
fiscal years 2022 through 2025 to the Administrator of the
United States Agency for International Development, if the
private sector in India commits amounts equal to that
contributed by the United States.
(b) Sense of Congress on Foreign Assistance Funds.--It is the sense
of Congress that the authorization of appropriations under subsection
(a) should be renewable for one or more periods of not more than 5 years
if--
(1) authorized by Congress; and
(2) the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, determines that the Foundation's work is successful
in addressing the priorities identified in section 335(b)(1) and
that the private sector in India has committed funds to the
Foundation in accordance with subsection (a)(4).
Subtitle E--Tibetan Policy and Support Act of 2020
SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY
ACT OF 2020.
(a) Tibetan Negotiations.--Section 613 of the Tibetan Policy Act of
2002 (22 U.S.C. 6901 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``without preconditions''
after ``a dialogue'';
(ii) by inserting ``or democratically-elected
leaders of the Tibetan community'' after ``his
representatives''; and
(iii) by inserting before the period at the
end the following: ``and should coordinate with
other governments in multilateral efforts toward
this goal'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) <<NOTE: Coordination.>> Policy communication.--The
Secretary of State shall ensure that, in accordance with this
Act, United States policy on Tibet, as coordinated by the United
States Special Coordinator for Tibetan Issues, is communicated
to all Federal departments and agencies in contact with the
Government of the People's Republic of China.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``until December 31, 2021''
and inserting ``until December 31, 2031''; and
(ii) by inserting ``and direct the Department
of State to make public on its website'' after
``appropriate congressional committees'';
(B) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
[[Page 134 STAT. 3120]]
(C) in paragraph (2), by striking the period at the
end and inserting ``; and'' ; and
(D) by adding at the end the following new
paragraph:
``(3) the steps taken by the United States Government to
promote the human rights and distinct religious, cultural,
linguistic, and historical identity of the Tibetan people,
including the right of the Tibetan people to select, educate,
and venerate their own religious leaders in accordance with
their established religious practice and system.''.
(b) Tibet Project Principles.--Section 616 of such Act (22 U.S.C.
6901 note) is amended--
(1) in subsection (d)--
(A) in paragraph (5), by inserting ``human rights,''
after ``respect Tibetan'';
(B) in paragraph (8), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (9)--
(i) by inserting ``involuntary or coerced''
after ``nor facilitate the''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(10) neither provide incentive for, nor facilitate the
involuntary or coerced relocation of, Tibetan nomads from their
traditional pasturelands into concentrated settlements.'';
(2) by adding at the end the following new subsections:
``(e) United States Assistance.--
``(1) <<NOTE: President.>> In general.--The President is
authorized to provide assistance to nongovernmental
organizations to support inclusive economic growth, resilience,
global health, education, environmental stewardship, and
cultural and historical preservation for Tibetan communities in
Tibet, in accordance with the principles specified in subsection
(d).
``(2) Coordination.--Assistance authorized under paragraph
(1) shall be carried out in coordination with the United States
Special Coordinator for Tibetan Issues in accordance with
section 621(d).
``(f) Private Sector Investment.--The Secretary of State, in
coordination with the Secretary of Commerce, should--
``(1) encourage United States businesses and individuals
that are engaged in commerce or investing in enterprises in
Tibet to be guided by the principles specified in subsection (d)
and the United Nations Guiding Principles on Business and Human
Rights; and
``(2) hold regular consultations with businesses and
individuals that are engaged in commerce or are investing in
enterprises in Tibet about the principles referenced in
paragraph (1) and the business practices of such businesses and
individuals in Tibet.''.
(c) Diplomatic Representation Relating to Tibet.--Section 618 of
such Act (22 U.S.C. 6901 note) is amended to read as follows:
``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
``(a) United States Consulate in Lhasa, Tibet.--The Secretary should
seek to establish a United States consulate in Lhasa, Tibet--
[[Page 134 STAT. 3121]]
``(1) to provide consular services to United States citizens
traveling in Tibet; and
``(2) to monitor political, economic, and cultural
developments in Tibet.
``(b) Policy.--The Secretary may not authorize the establishment in
the United States of any additional consulate of the People's Republic
of China until such time as a United States consulate in Lhasa, Tibet,
is established under subsection (a).
``(c) <<NOTE: Deadline. Determination. Reports.>> Waiver.--The
Secretary may waive the requirement under subsection (b),
notwithstanding the lack of a United States consulate in Lhasa, not less
than 30 days after the Secretary determines and reports to the
appropriate congressional committees that it is in the national security
interests of the United States to waive such requirements and submits to
the appropriate congressional committees a report including--
``(1) a specific and detailed rationale for the
determination that the waiver is in the national security
interests of the United States; and
``(2) a description of the efforts by the Department of
State to seek the establishment of a United States consulate in
Lhasa.''.
(d) Religious Persecution in Tibet.--Section 620(b) of such Act (22
U.S.C. 6901 note) is amended by inserting before the period at the end
the following: ``, including with respect to the reincarnation system of
Tibetan Buddhism''.
(e) United States Special Coordinator for Tibetan Issues.--Section
621 of such Act (22 U.S.C. 6901 note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Objectives.--The objectives of the Special Coordinator are
to--
``(1) promote substantive dialogue without preconditions,
between the Government of the People's Republic of China and the
Dalai Lama, his or her representatives, or democratically
elected leaders of the Tibetan community, or explore activities
to improve prospects for dialogue, that leads to a negotiated
agreement on Tibet;
``(2) <<NOTE: Coordination.>> coordinate with other
governments in multilateral efforts towards the goal of a
negotiated agreement on Tibet;
``(3) encourage the Government of the People's Republic of
China to address the aspirations of the Tibetan people with
regard to their distinct historical, cultural, religious, and
linguistic identity;
``(4) promote the human rights of the Tibetan people;
``(5) promote activities to preserve environment and water
resources of the Tibetan plateau;
``(6) encourage that any initiatives or activities for
Tibetan communities in the Tibet Autonomous Region are conducted
in accordance with the principles espoused in section 616(d);
and
``(7) promote access to Tibet in accordance with the
Reciprocal Access to Tibet Act of 2018 (Public Law 115-330).'';
(2) in subsection (d)--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (6) as paragraph (8);
and
[[Page 134 STAT. 3122]]
(C) by inserting after paragraph (5) the following
new paragraphs:
``(6) provide guidance with respect to all projects carried
out pursuant to assistance provided under section 616(e);
``(7) seek to establish international diplomatic coalitions
to--
``(A) oppose any effort by the Government of the
People's Republic of China to select, educate, and
venerate Tibetan Buddhist religious leaders in a manner
inconsistent with the principle that the succession or
identification of Tibetan Buddhist lamas, including the
Dalai Lama, should occur without interference, in a
manner consistent with traditional practice; and
``(B) ensure that the identification and
installation of Tibetan Buddhist religious leaders,
including any future Dalai Lama, is determined solely
within the Tibetan Buddhist faith community, in
accordance with the internationally-recognized right to
religious freedom; and''; and
(3) by adding at the end the following new subsection:
``(e) Personnel.--The Secretary shall ensure that the Office of the
Special Coordinator is adequately staffed at all times to assist in the
management of the responsibilities of this section.''.
SEC. 342. <<NOTE: 22 USC 6901 note.>> STATEMENT OF POLICY
REGARDING THE SUCCESSION OR
REINCARNATION OF THE DALAI LAMA.
(a) Findings.--Congress finds the following:
(1) Tibetan Buddhism is practiced in many countries
including Bhutan, India, Mongolia, Nepal, the People's Republic
of China, the Russian Federation, and the United States, yet the
Government of the People's Republic of China has repeatedly
insisted on its role in managing the selection of Tibet's next
spiritual leader, the Dalai Lama, through actions such as those
described in the ``Measures on the Management of the
Reincarnation of Living Buddhas'' in 2007.
(2) On March 19, 2019, Chinese Ministry of Affairs
spokesperson reiterated that the ``reincarnation of living
Buddhas including the Dalai Lama must comply with Chinese laws
and regulations and follow religious rituals and historical
conventions''.
(3) The Government of the People's Republic of China has
interfered in the process of recognizing a successor or
reincarnation of Tibetan Buddhist leaders, including in 1995 by
arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy who
was identified as the 11th Panchen Lama, and purporting to
install its own candidate as the Panchen Lama.
(4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement
on September 24, 2011, explaining the traditions and spiritual
precepts of the selection of Dalai Lamas, setting forth his
views on the considerations and process for selecting his
successor, and providing a response to the Chinese government's
claims that only the Chinese government has the ultimate
authority in the selection process of the Dalai Lama.
(5) The 14th Dalai Lama said in his statement that the
person who reincarnates has sole legitimate authority over where
and how he or she takes rebirth and how that reincarnation is to
be recognized and if there is a need for a 15th
[[Page 134 STAT. 3123]]
Dalai Lama to be recognized, then the responsibility shall
primarily rest with the officers of the Dalai Lama's Gaden
Phodrang Trust, who will be informed by the written instructions
of the 14th Dalai Lama.
(6) Since 2011, the 14th Dalai Lama has reiterated publicly
on numerous occasions that decisions on the successions,
emanations, or reincarnations of the Dalai Lama belongs to the
Tibetan Buddhist faith community alone.
(7) On June 8, 2015, the United States House of
Representatives unanimously approved House Resolution 337 which
calls on the United States Government to ``underscore that
government interference in the Tibetan reincarnation process is
a violation of the internationally recognized right to religious
freedom . . . and to highlight the fact that other countries
besides China have long Tibetan Buddhist traditions, and that
matters related to reincarnations in Tibetan Buddhism are of
keen interest to Tibetan Buddhist populations worldwide''.
(8) On April 25, 2018, the United States Senate unanimously
approved Senate Resolution 429 which ``expresses its sense that
the identification and installation of Tibetan Buddhist
religious leaders, including a future 15th Dalai Lama, is a
matter that should be determined solely within the Tibetan
Buddhist faith community, in accordance with the inalienable
right to religious freedom''.
(9) The Department of State's Report on International
Religious Freedom for 2018 reported on policies and efforts of
the Government of the People's Republic of China to exert
control over the selection of Tibetan Buddhist religious
leaders, including reincarnate lamas, and stated that ``[United
States] officials underscored that decisions on the
reincarnation of the Dalai Lama should be made solely by faith
leaders.''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) decisions regarding the selection, education, and
veneration of Tibetan Buddhist religious leaders are exclusively
spiritual matters that should be made by the appropriate
religious authorities within the Tibetan Buddhist tradition and
in the context of the will of practitioners of Tibetan Buddhism;
(2) the wishes of the 14th Dalai Lama, including any written
instructions, should play a key role in the selection,
education, and veneration of a future 15th Dalai Lama; and
(3) interference by the Government of the People's Republic
of China or any other government in the process of recognizing a
successor or reincarnation of the 14th Dalai Lama and any future
Dalai Lamas would represent a clear abuse of the right to
religious freedom of Tibetan Buddhists and the Tibetan people.
(c) Holding Chinese Officials Responsible for Religious Freedom
Abuses Targeting Tibetan Buddhists.--It is the policy of the United
States to take all appropriate measures to hold accountable senior
officials of the Government of the People's Republic of China or the
Chinese Communist Party who directly interfere with the identification
and installation of the future 15th Dalai Lama of Tibetan Buddhism,
successor to the 14th Dalai Lama, including by--
(1) imposing sanctions pursuant to the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 2656 note); and
[[Page 134 STAT. 3124]]
(2) prohibiting admission to the United States under section
212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)(G)).
(d) Department of State Programming to Promote Religious Freedom for
Tibetan Buddhists.--Consistent with section 401 of the Frank R. Wolf
International Religious Freedom Act (Public Law 114-281; 130 Stat.
1436), the Ambassador-at-Large for International Religious Freedom
should support efforts to protect and promote international religious
freedom in China and for programs to protect Tibetan Buddhism in China
and elsewhere.
SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER RESOURCES ON
THE TIBETAN PLATEAU.
(a) Findings.--Congress finds the following:
(1) The Tibetan Plateau contains glaciers, rivers,
grasslands, and other geographical and ecological features that
are crucial for supporting vegetation growth and biodiversity
and regulating water flow and supply for an estimated
1,800,000,000 people. Environmental changes threaten the
glaciers in Tibet that feed the major rivers of South and East
Asia, which supply freshwater to an estimated 1,800,000,000
people.
(2) Several factors, including temperature changes, large
government-backed infrastructure projects, and resettlement of
Tibetan nomads, are likely to result in variable water flows in
the future.
(3) The grasslands of Tibet play a significant role in
carbon production and sequestration and Tibet's rivers support
wetlands that play a key role in water storage, water quality,
and the regulation of water flow, support biodiversity, foster
vegetation growth, and act as carbon sinks.
(4) Traditional Tibetan grassland stewardship practices,
which can be key to mitigating the negative effects of
environmental changes on the Tibetan Plateau, are undermined by
the resettlement of nomads from Tibetan grasslands.
(5) The People's Republic of China has approximately 20
percent of the world's population but only around 7 percent of
the world's water supply, while many countries in South and
Southeast Asia rely on the rivers flowing from the Himalayas of
the Tibetan Plateau.
(6) The People's Republic of China has already completed
water transfer programs diverting billions of cubic meters of
water yearly and has plans to divert more waters from the
Tibetan plateau in China.
(b) Water Resources in Tibet and the Tibetan Watershed.--The
Secretary <<NOTE: Coordination.>> of State, in coordination with
relevant agencies of the United States Government, should--
(1) pursue collaborative efforts with Chinese and
international scientific institutions, as appropriate, to
monitor the environment on the Tibetan Plateau, including
glacial retreat, temperature rise, and carbon levels, in order
to promote a greater understanding of the effects on permafrost,
river flows, grasslands and desertification, and the monsoon
cycle;
(2) engage with the Government of the People's Republic of
China, the Tibetan people, and nongovernmental organizations to
encourage the participation of Tibetan nomads and
[[Page 134 STAT. 3125]]
other Tibetan stakeholders in the development and implementation
of grassland management policies, in order to utilize their
indigenous experience in mitigation and stewardship of the land
and to assess policies on the forced resettlement of nomads; and
(3) encourage a regional framework on water security, or use
existing frameworks, such as the Lower Mekong Initiative, to
facilitate cooperative agreements among all riparian nations
that would promote transparency, sharing of information,
pollution regulation, and arrangements on impounding and
diversion of waters that originate on the Tibetan Plateau.
SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.
(a) Findings.--Congress finds the following:
(1) The 14th Dalai Lama advocates the Middle Way Approach,
which seeks genuine autonomy for the 6,000,000 Tibetans in
Tibet.
(2) The 14th Dalai Lama has overseen a process of
democratization within the Tibetan polity and devolved his
political responsibilities to the elected representatives of the
Tibetan people in exile in 2011.
(3) In 2011 and again in 2016, members of the Tibetan exile
community across some 30 countries held free and fair elections
to select political leaders to serve in the Central Tibetan
Administration parliament and as chief executive.
(4) The Dalai Lama has said that the Central Tibetan
Administration will cease to exist once a negotiated settlement
has been achieved that allows Tibetans to freely enjoy their
culture, religion, and language in Tibet.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Tibetan exile communities around the world should be
commended for the adoption of a system of self-governance with
democratic institutions to choose their leaders;
(2) the Dalai Lama should be commended for his decision to
devolve political authority to elected leaders in accordance
with democratic principles;
(3) as of the date of the enactment of this Act, the Central
Tibetan Administration is the institution that represents and
reflects, to the greatest extent, the aspirations of the Tibetan
diaspora around the world, and the Sikyong is the President of
the Central Tibetan Administration; and
(4) as consistent with section 621(d)(3) of the Tibetan
Policy Act of 2002 (22 U.S.C. 6901 note), the United States
Special Coordinator for Tibetan Issues should continue to
maintain close contact with the religious, cultural, and
political leaders of the Tibetan people.
SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO
PRESERVE THEIR CULTURE, RELIGION, AND
LANGUAGE.
The Secretary of State should urge the Government of Nepal to honor
the Gentleman's Agreement with the United Nations High Commissioner for
Refugees and the Government of India, which commits the Government of
Nepal to respect the principle of non-refoulement by continuing to give
Tibetan new arrivals access to the territory of Nepal and allowing them
safe passage through Nepal to India.
[[Page 134 STAT. 3126]]
SEC. 346. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of the United States Special Coordinator for Tibetan
Issues.--There is authorized to be appropriated $1,000,000 for each of
the fiscal years 2021 through 2025 for the Office of the United States
Special Coordinator for Tibetan Issues.
(b) Tibetan Scholarship Program and Ngawang Choephel Exchange
Programs.--
(1) Tibetan scholarship program.--There is authorized to be
appropriated $675,000 for each of the fiscal years 2021 through
2025 to carry out the Tibetan scholarship program established
under section 103(b)(1) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22
U.S.C. 2151 note).
(2) Ngawang choephel exchange programs.--There is authorized
to be appropriated $575,000 for each of the fiscal years 2021
through 2025 to carry out the ``Ngawang Choephel Exchange
Programs'' (formerly known as ``programs of educational and
cultural exchange between the United States and the people of
Tibet'') under section 103(a) of the Human Rights, Refugee, and
Other Foreign Relations Provisions Act of 1996 (Public Law 104-
319; 110 Stat. 3865).
(c) Humanitarian Assistance and Support to Tibetan Refugees in South
Asia.--Amounts authorized to be appropriated or otherwise made available
to carry out chapter 9 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2292 et seq.) and the Migration and Refugee Assistance Act of
1962 (Public Law 87-510) for each of the fiscal years 2021 through 2025
are authorized to be made available for humanitarian assistance,
including food, medicine, clothing, and medical and vocational training,
for Tibetan refugees in South Asia who have fled facing a credible
threat of persecution in the People's Republic of China.
(d) Tibetan Autonomous Region and Tibetan Communities in China.--
There is authorized to be appropriated $8,000,000 for each year of the
fiscal years 2021 through 2025 under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to support activities
for Tibetan communities in the Tibet Autonomous Region and in other
Tibetan communities in China that are conducted in accordance with
subsection 616(d) of the Tibetan Policy Act of 2002 (22 U.S.C. 6901
note).
(e) Assistance for Tibetans in India and Nepal.--There is authorized
to be appropriated $6,000,000 for each of the fiscal years 2021 through
2025 under chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.) for programs to promote and preserve Tibetan
culture and language development, and the resilience of Tibetan
communities in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from such
communities.
(f) Tibetan Governance.--There is authorized to be appropriated
$3,000,000 for each of the fiscal years 2021 through 2025 under chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.) for programs to strengthen the capacity of Tibetan institutions
and strengthen democracy, governance, information and international
outreach, and research.
(g) Voice of America and Radio Free Asia.--
(1) Voice of america.--There is authorized to be
appropriated $3,344,000 for each of the fiscal years 2021
through
[[Page 134 STAT. 3127]]
2025 to Voice of America for broadcasts described in paragraph
(3).
(2) Radio free asia.--There is authorized to be appropriated
$4,060,000 for each of the fiscal years 2021 through 2025 to
Radio Free Asia for broadcasts described in paragraph (3).
(3) Broadcasts described.--Broadcasts described in this
paragraph are broadcasts to provide uncensored news and
information in the Tibetan language to Tibetans, including
Tibetans in Tibet.
Subtitle F--The <<NOTE: The United States - Northern Triangle Enhanced
Engagement Act. 22 USC 2151 note.>> United States - Northern Triangle
Enhanced Engagement Act
SEC. 351. SHORT TITLE.
This subtitle may be cited as the ``The United States - Northern
Triangle Enhanced Engagement Act''.
SEC. 352. <<NOTE: 22 USC 2277.>> STRATEGY TO ADVANCE PROSPERITY,
COMBAT CORRUPTION, STRENGTHEN DEMOCRATIC
GOVERNANCE, AND IMPROVE CIVILIAN
SECURITY IN EL SALVADOR, GUATEMALA, AND
HONDURAS.
(a) <<NOTE: Deadline. Coordination.>> Elements.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development, and the heads of other relevant
Federal agencies, shall submit to the appropriate congressional
committees a 5-year strategy to advance economic prosperity, combat
corruption, strengthen democratic governance, and improve civilian
security in El Salvador, Guatemala, and Honduras and to curb irregular
migration from the region.
(b) Consideration.--In developing the strategy required under this
section, the Secretary of State should consider the following
priorities:
(1) Promoting economic prosperity, including by--
(A) supporting market-based solutions to eliminate
constraints to inclusive economic growth;
(B) addressing the underlying causes of poverty and
inequality;
(C) responding to immediate humanitarian needs by
improving humanitarian outcomes, including through
access to sanitation, hygiene, and shelter, and by
enabling the provision of health resources;
(D) supporting conservation and community resilience
and strengthening community preparedness for natural
disasters;
(E) identifying, as appropriate, a role for relevant
United States agencies and the United States private
sector in supporting efforts to increase private sector
investment and advance economic prosperity; and
(F) improving domestic resource mobilization,
including by strengthening tax collection and
enforcement and legal arbitration mechanisms.
(2) Combating corruption, including by--
(A) strengthening the capacity of national justice
systems and attorneys generals to identify and prosecute
[[Page 134 STAT. 3128]]
money laundering and other financial crimes and breaking
up financial holdings of organized criminal syndicates,
including illegally acquired lands and proceeds from
illegal activities;
(B) strengthening special prosecutorial offices and
financial institutions to conduct asset forfeitures and
criminal analysis, and to combat corruption, money
laundering, financial crimes, extortion, and human
rights crimes;
(C) implementing transparent, merit-based selection
processes for prosecutors and judges and the development
of professional and merit-based civil services;
(D) establishing or strengthening methods,
procedures for internal and external control mechanisms
for the security and police services and judiciary; and
(E) supporting anticorruption efforts through
bilateral assistance and complementary support through
multilateral anticorruption mechanisms when necessary.
(3) Advancing democratic governance, including by--
(A) strengthening government institutions at the
local and national levels to provide services and
respond to citizen needs through transparent, inclusive,
and democratic processes;
(B) strengthening access to information laws and
reforming laws that currently limit access to
information;
(C) building the capacity of independent media to
engage in professional investigative journalism;
(D) ensuring that threats and attacks on
journalists, labor leaders, human rights defenders, and
other members of civil society are fully investigated
and perpetrators are held accountable; and
(E) strengthening electoral institutions and
processes to ensure free, fair, and transparent
elections.
(4) Improving security conditions, including by--
(A) implementing the Central America Regional
Security Initiative;
(B) increasing the professionalization of security
services, including the civilian police and military
units;
(C) combating the illicit activities of
transnational criminal organizations through support to
fully vetted elements of attorneys general offices,
appropriate government institutions, and security
services; and
(D) enhancing the capacity of relevant security
services and attorneys general to support
counternarcotics efforts and combat human trafficking,
forcible recruitment of children and youth by gangs,
gender-based violence, and other illicit activities,
including trafficking of wildlife, and natural
resources.
(c) Consultation.--In developing the strategy required under this
section, the Secretary of State may consult with civil society and the
private sector in the United States, El Salvador, Guatemala, and
Honduras.
(d) Benchmarks.--The strategy required under this section shall
include annual benchmarks to track the strategy's progress in curbing
irregular migration from the region to the United States and improving
conditions in El Salvador, Guatemala, and Honduras by measuring progress
in key areas, including--
[[Page 134 STAT. 3129]]
(1) reducing poverty and unemployment, increasing private
sector investment, responding to immediate humanitarian needs,
sustainably reintegrating returnees, supporting conservation and
community resilience, and addressing forced displacement in
accordance with the priorities outlined in subsection (b)(1);
(2) strengthening national justice systems and attorneys
generals, supporting multilateral anticorruption mechanisms,
identifying and prosecuting money laundering and other financial
crimes, breaking up financial holdings of organized criminal
syndicates, and advancing judicial integrity and investigative
capacity of local authorities in accordance with the priorities
outlined in subsection (b)(2);
(3) strengthening government institutions at the local and
national levels to provide services and respond to citizen needs
through transparent, inclusive, and democratic processes,
promoting human rights, building the capacity of independent
media, developing the capacity of civil society to conduct
oversight, affording legal protections for human rights
defenders and members of civil society, and strengthening
electoral institutions in accordance with priorities outlined in
subsection (b)(3); and
(4) implementing the objectives stated under the Central
America Regional Security Initiative and building the capacity
of civilian security services in accordance with the priorities
outlined in subsection (b)(4).
(e) Public Diplomacy.--The strategy required under this section
shall include a public diplomacy strategy for educating citizens of the
region about United States assistance and its benefits to them, and
informing such citizens of the dangers of irregular migration to the
United States.
(f) <<NOTE: Deadline.>> Annual Progress Updates.--Not later than 1
year after the submission of the strategy required under this section
and annually thereafter for 4 years, the Secretary of State shall
provide the appropriate congressional committees with a written
description of progress made in meeting the benchmarks established in
the strategy.
(g) <<NOTE: Web posting.>> Public Availability.--The strategy
required under this section shall be made publicly available on the
website of the Department of State. <<NOTE: Classified information.>>
If appropriate, a classified annex may be submitted to the appropriate
congressional committees.
(h) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 353. <<NOTE: 22 USC 2277a.>> TARGETED SANCTIONS TO FIGHT
CORRUPTION IN EL SALVADOR, GUATEMALA,
AND HONDURAS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) corruption in El Salvador, Guatemala, and Honduras by
private citizens and select officials in local, regional, and
Federal governments significantly damages the economies of such
countries and deprives citizens of opportunities;
(2) corruption in El Salvador, Guatemala, and Honduras is
facilitated and carried out not only by private citizens and
[[Page 134 STAT. 3130]]
select officials from those countries but also in many instances
by individuals from third countries; and
(3) imposing targeted sanctions on individuals from
throughout the world and particularly in the Western Hemisphere
who are engaged in acts of significant corruption that impact El
Salvador, Guatemala, and Honduras or obstruction of
investigations into such acts of corruption will benefit the
citizens and governments of such countries.
(b) <<NOTE: President. Determination.>> Report Required.--Not later
than 180 days after the date of the enactment of this Act, and not less
frequently than annually thereafter, the President shall submit to the
appropriate congressional committees an unclassified report with
classified annex if necessary that identifies each foreign person who
the President determines to have knowingly engaged in actions that
undermine democratic processes or institutions, or in significant
corruption or obstruction of investigations into such acts of corruption
in El Salvador, Guatemala, and Honduras, including the following:
(1) Corruption related to government contracts.
(2) Bribery and extortion.
(3) The facilitation or transfer of the proceeds of
corruption, including through money laundering.
(4) Acts of violence, harassment, or intimidation directed
at governmental and nongovernmental corruption investigators.
(c) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (d) with respect to each foreign
person identified in the report required under subsection (b).
(d) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Ineligibility for visas and admission to the
united states.--In the case of a foreign person who is
an individual, such foreign person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer
or the Secretary of State, (or a designee of the
Secretary of State) shall, in accordance with
section 221(i) of the Immigration and Nationality
Act (8 U.S.C. 1201(i)), revoke any visa or other
entry documentation issued to a foreign person
regardless of when the visa or other entry
documentation is issued.
(ii) Effect of revocation.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(2) Exception to comply with international obligations.--
Sanctions under subparagraph (B) and (C) of paragraph (1) shall
not apply with respect to a foreign person if admitting or
paroling such person into the United States is necessary
[[Page 134 STAT. 3131]]
to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(e) <<NOTE: President.>> National Security Waiver.--The President
may waive the application of the sanctions under subsection (c) if the
President--
(1) <<NOTE: Determination.>> determines that such a waiver
is in the national security interest of the United States; and
(2) <<NOTE: Deadline.>> submits to the appropriate
congressional committees within 15 days after such determination
a notice of and justification for the waiver.
(f) Termination.--The authority to impose sanctions under subsection
(b), and any sanctions imposed pursuant to such authority, shall expire
on the date that is 3 years after the date of the enactment of this Act.
(g) <<NOTE: Federal Register, publication.>> Public Availability.--
The unclassified portion of the report required by subsection (b) shall
be made available to the public, including through publication in the
Federal Register. <<NOTE: President. Determination.>> In any case in
which the President concludes that such publication would be harmful to
the national security of the United States, only a statement that a
determination or finding has been made by the President, including the
name and section of the Act under which it was made, shall be published.
(h) Definitions.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate;
(2) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
Subtitle G--Other Provisions
SEC. 361. OFFICE OF SANCTIONS COORDINATION.
(a) Office of Sanctions Coordination of the Department of State.--
(1) In general.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
at the end the following new subsection:
``(h) Office of Sanctions Coordination.--
``(1) In general.--There is established, within the
Department of State, an Office of Sanctions Coordination (in
this subsection referred to as the `Office').
``(2) Head.--The head of the Office shall--
``(A) have the rank and status of ambassador;
``(B) be appointed by the President, by and with the
advice and consent of the Senate; and
``(C) report directly to the Secretary of State.
``(3) Duties.--The head of the Office shall--
``(A) exercise sanctions authorities delegated to
the Secretary;
``(B) serve as the principal advisor to the senior
management of the Department and the Secretary regarding
the development and implementation of sanctions policy;
[[Page 134 STAT. 3132]]
``(C) serve as the lead representative of the United
States in diplomatic engagement on sanctions matters;
``(D) consult and closely coordinate with allies and
partners of the United States, including the United
Kingdom, the European Union and member countries of the
European Union, Canada, Australia, New Zealand, Japan,
and South Korea, to ensure the maximum effectiveness of
sanctions imposed by the United States and such allies
and partners;
``(E) serve as the coordinator for the development
and implementation of sanctions policy with respect to
all activities, policies, and programs of all bureaus
and offices of the Department relating to the
development and implementation of sanctions policy; and
``(F) serve as the lead representative of the
Department in interagency discussions with respect to
the development and implementation of sanctions policy.
``(4) Direct hire authority.--
``(A) In general.--The head of the Office may
appoint, without regard to the provisions of sections
3309 through 3318 of title 5, United States Code,
candidates directly to positions in the competitive
service, as defined in section 2102 of that title, in
the Office.
``(B) Termination.--The authority provided under
subparagraph (A) shall terminate on the date that is two
years after the date of the enactment of this
subsection.''.
(2) Conforming amendment.--Section 1(c)(3) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(3))
is amended by adding at the end the following new subparagraph:
``(C) Coordination.--The Assistant Secretary
authorized under subparagraph (A) shall coordinate with
the Office of Sanctions Coordination established under
subsection (h) with respect to the development and
implementation of economic sanctions.''.
(3) <<NOTE: Deadline.>> Briefing required.--Not later than
60 days after the date of the enactment of this Act and every 90
days thereafter until the date that is two years after such date
of enactment, the Secretary of State shall brief the appropriate
congressional committees on the efforts of the Department of
State to establish the Office of Sanctions Coordination pursuant
to subsection (h) of section 1 of the State Department Basic
Authorities Act of 1956, as added by paragraph (1), including a
description of--
(A) measures taken to implement the requirements of
such subsection and to establish the Office;
(B) actions taken by the Office to carry out the
duties listed in paragraph (3) of such subsection;
(C) the resources devoted to the Office, including
the number of employees working in the Office; and
(D) plans for the use of the direct hire authority
provided under paragraph (4) of such subsection.
(b) <<NOTE: 22 USC 2651a note.>> Coordination With Allies and
Partners of the United States.--
(1) In general.--The Secretary of State shall develop and
implement mechanisms and programs, as appropriate, through the
head of the Office of Sanctions Coordination established
pursuant to subsection (h) of section 1 of the State Department
[[Page 134 STAT. 3133]]
Basic Authorities Act of 1956, as added by subsection (a)(1), to
coordinate the development and implementation of United States
sanctions policies with allies and partners of the United
States, including the United Kingdom, the European Union and
member countries of the European Union, Canada, Australia, New
Zealand, Japan, and South Korea.
(2) Information sharing.--The Secretary should pursue the
development and implementation of mechanisms and programs under
paragraph (1), as appropriate, that involve the sharing of
information with respect to policy development and sanctions
implementation.
(3) Capacity building.--The Secretary should pursue efforts,
in coordination with the Secretary of the Treasury and the head
of any other Federal agency the Secretary considers appropriate,
to assist allies and partners of the United States, including
the countries specified in paragraph (1), as appropriate, in the
development of their legal and technical capacities to develop
and implement sanctions authorities.
(4) Exchange programs.--In furtherance of the efforts
described in paragraph (3), the Secretary, in coordination with
the Secretary of the Treasury and the head of any other Federal
agency the Secretary considers appropriate, may enter into
agreements with counterpart agencies in foreign governments
establishing exchange programs for the temporary detail of
Federal Government employees to share information and expertise
with respect to the development and implementation of sanctions
authorities.
(5) <<NOTE: Deadline.>> Briefing required.--Not later than
90 days after the date of the enactment of this Act and every
180 days thereafter until the date that is five years after such
date of enactment, the Secretary of State shall brief the
appropriate congressional committees on the efforts of the
Department of State to implement this section, including a
description of--
(A) measures taken to implement paragraph (1);
(B) actions taken pursuant to paragraphs (2) through
(4);
(C) the extent of coordination between the United
States and allies and partners of the United States,
including the countries specified in paragraph (1), with
respect to the development and implementation of
sanctions policy; and
(D) obstacles preventing closer coordination between
the United States and such allies and partners with
respect to the development and implementation of
sanctions policy.
(c) Sense of Congress.--It is the sense of the Congress that the
President should appoint a coordinator for sanctions and national
economic security issues within the framework of the National Security
Council.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Homeland
Security and Governmental Affairs, and the Committee on Finance
of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Oversight and Reform,
[[Page 134 STAT. 3134]]
and the Committee on Way and Means of the House of
Representatives.
TITLE IV--SENATE SERGEANT AT ARMS CLOUD SERVICES
SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.
(a) Section 10 of the Legislative Branch Appropriations Act, 2005 (2
U.S.C. 6628) is amended--
(1) by redesignating subsection (b) as subsection (h); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--In this section--
``(1) the term `agent of the Office of the SAA' includes a
provider of electronic communication service or remote computing
service commissioned or used through the Office of the SAA by a
Senate office to provide such services to the Senate office;
``(2) the term `electronic communication service' has the
meaning given that term in section 2510 of title 18, United
States Code;
``(3) the term `Office of the SAA' means the Office of the
Sergeant at Arms and Doorkeeper of the Senate;
``(4) the term `provider for a Senate office' means a
provider of electronic communication service or remote computing
service directly commissioned or used by a Senate office to
provide such services;
``(5) the term `remote computing service' has the meaning
given that term in section 2711 of title 18, United States Code;
``(6) the term `Senate data', with respect to a Senate
office, means any electronic mail or other electronic or data
communication, other data (including metadata), or other
information of the Senate office; and
``(7) the term `Senate office' means a committee or office
of the Senate, including a Senator, an officer of the Senate, or
an employee of, intern at, or other agent of a committee or
office of the Senate.
``(b) Treatment.--
``(1) Retaining possession.--
``(A) In general.--A Senate office shall be deemed
to retain possession of any Senate data of the Senate
office, without regard to the use by the Senate office
of any individual or entity described in paragraph (2)
for the purposes of any function or service described in
paragraph (2).
``(B) Rule of construction.--Subparagraph (A) shall
not be construed to limit the use by an intended
recipient of any Senate data from a Senate office.
``(2) Sergeant at arms and providers for a senate office.--
The Office of the SAA, any officer, employee, or agent of the
Office of the SAA, and any provider for a Senate office shall
not be treated as acquiring possession, custody, or control of
any Senate data by reason of its being transmitted, processed,
or stored (whether temporarily or otherwise) through the use of
an electronic system established, maintained, or operated, or
the use of electronic services provided, in whole or in part
[[Page 134 STAT. 3135]]
by the Office of the SAA, the officer, employee, or agent of the
Office of the SAA, or the provider for the Senate office.
``(c) Notification.--Notwithstanding any other provision of law or
rule of civil or criminal procedure, the Office of the SAA, any officer,
employee, or agent of the Office of the SAA, and any provider for a
Senate office that is providing services to or used by a Senate office
shall not be barred, through operation of any court order or any
statutory provision, from notifying the Senate office of any legal
process seeking disclosure of Senate data of the Senate office that is
transmitted, processed, or stored (whether temporarily or otherwise)
through the use of an electronic system established, maintained, or
operated, or the use of electronic services provided, in whole or in
part by the Office of the SAA, the officer, employee, or agent of the
Office of the SAA, or the provider for a Senate office.
``(d) Motions to Quash or Modify.--Upon a motion made promptly by a
Senate office or provider for a Senate office, a court of competent
jurisdiction shall quash or modify any legal process directed to the
provider for a Senate office if compliance with the legal process would
require the disclosure of Senate data of the Senate office.
``(e) <<NOTE: Consultation.>> Information Regarding Implications of
Using Providers.--The Office of the SAA, in consultation with the Senate
Legal Counsel, shall provide information to each Senate office that
commissions or uses a provider of electronic communication service or
remote computing service to provide such services to the Senate office
regarding the potential constitutional implications and the potential
impact on privileges that may be asserted by the Senate office.
``(f) Applicable Privileges.--Nothing in this section shall be
construed to limit or supersede any applicable privilege, immunity, or
other objection that may apply to the disclosure of Senate data.
``(g) Preemption.--Except as provided in this section, any provision
of law or rule of civil or criminal procedure of any State, political
subdivision, or agency thereof, which is inconsistent with this section
shall be deemed to be preempted and superseded.''.
(b)(1) <<NOTE: 2 USC 6628 note.>> In this subsection, the terms
``Senate data'' and ``Senate office'' have the meanings given such terms
in section 10 of the Legislative Branch Appropriations Act, 2005, as
amended by subsection (a) of this section.
(2) The amendments made by this section shall--
(A) take effect as though included in the Legislative Branch
Appropriations Act, 2005 (division G of Public Law 108-447; 118
Stat. 3166); and
(B) apply with respect to--
(i) <<NOTE: Data.>> any legal process seeking
disclosure of Senate data of a Senate office that is
filed, issued, or made on or after the date of enactment
of this Act; and
(ii) any matter that is pending on or after the date
of enactment of this Act that relates to legal process
described in clause (i) that is filed, issued, or made
before the date of enactment of this Act, unless the
Senate data of the Senate office was disclosed in
accordance with such legal process before the date of
enactment of this Act.
[[Page 134 STAT. 3136]]
TITLE V--REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN PLUM
ISLAND, NEW YORK
SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY
IN PLUM ISLAND, NEW YORK.
(a) Repeal of Requirement in Public Law 110-329.--Section 540 of the
Department of Homeland Security Appropriations Act, 2009 (division D of
Public Law 110-329; 122 Stat. 3688) is repealed.
(b) Repeal of Requirement in Public Law 112-74.--Section 538 of the
Department of Homeland Security Appropriations Act, 2012 (6 U.S.C. 190
note; division D of Public Law 112-74) is repealed.
(c) <<NOTE: 6 USC 190 note.>> Requirement.--The Administrator of
General Services shall ensure that--
(1) Federal property commonly known as Plum Island, New
York, including the Orient point facility, all real and personal
property and transportation assets that support Plum Island
operations and access to Plum Island, be disposed of as a single
consolidated asset; and
(2) such disposal is subject to conditions as may be
necessary to protect Government interests and meet program
requirements.
TITLE VI--PREVENTING <<NOTE: Preventing Online Sales of E-Cigarettes to
Children Act.>> ONLINE SALES OF E-CIGARETTES TO CHILDREN
SEC. 601. <<NOTE: 15 USC 375 note.>> SHORT TITLE.
This title may be cited as the ``Preventing Online Sales of E-
Cigarettes to Children Act''.
SEC. 602. AMENDMENTS TO THE JENKINS ACT.
(a) In General.--The Act entitled ``An Act to assist States in
collecting sales and use taxes on cigarettes'', approved October 19,
1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.), is
amended--
(1) in section 1 (15 U.S.C. 375)--
(A) in paragraph (2)(A)(ii)--
(i) by striking ``includes roll-your-own
tobacco'' and inserting the following:
``includes--
``(I) roll-your-own tobacco'';
(ii) in subclause (I), as so designated, by
striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(II) an electronic nicotine
delivery system.'';
(B) by redesignating paragraphs (7) through (14) as
paragraphs (8) through (15), respectively; and
(C) by inserting after paragraph (6) the following:
``(7) Electronic nicotine delivery system.--The term
`electronic nicotine delivery system'--
``(A) means any electronic device that, through an
aerosolized solution, delivers nicotine, flavor, or any
other substance to the user inhaling from the device;
``(B) includes--
[[Page 134 STAT. 3137]]
``(i) an e-cigarette;
``(ii) an e-hookah;
``(iii) an e-cigar;
``(iv) a vape pen;
``(v) an advanced refillable personal
vaporizer;
``(vi) an electronic pipe; and
``(vii) any component, liquid, part, or
accessory of a device described in subparagraph
(A), without regard to whether the component,
liquid, part, or accessory is sold separately from
the device; and
``(C) does not include a product that is--
``(i) approved by the Food and Drug
Administration for--
``(I) sale as a tobacco cessation
product; or
``(II) any other therapeutic
purpose; and
``(ii) marketed and sold solely for a purpose
described in clause (i).''; and
(2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting
``NICOTINE/'' after
``CIGARETTES/''.
(b) <<NOTE: 15 USC 375 note.>> Effective Date.--This section, and
the amendments made by this section, shall take effect on the date that
is 90 days after the date of enactment of this Act.
(c) <<NOTE: 15 USC 375 note.>> Rule of Construction.--Nothing in
this section, or an amendment made by this section, may be construed to
affect or otherwise alter any provision of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), including its implementing
regulations.
SEC. 603. <<NOTE: 18 USC 1716E note.>> NONMAILABILITY OF
ELECTRONIC NICOTINE DELIVERY SYSTEMS.
(a) <<NOTE: Deadline.>> Regulations.--Not later than 120 days after
the date of enactment of this Act, the United States Postal Service
shall promulgate regulations to clarify the applicability of the
prohibition on mailing of cigarettes under section 1716E of title 18,
United States Code, to electronic nicotine delivery systems, in
accordance with the amendment to the definition of ``cigarette'' made by
section 602.
(b) Effective Date.--The prohibition on mailing of cigarettes under
section 1716E of title 18, United States Code, shall apply to electronic
nicotine delivery systems on and after the date on which the United
States Postal Service promulgates regulations under subsection (a) of
this section.
TITLE VII--FAFSA <<NOTE: FAFSA Simplification Act.>> SIMPLIFICATION
SEC. 701. SHORT TITLE; EFFECTIVE DATE.
(a) <<NOTE: 20 USC 1001 note.>> Short Title.--This title may be
cited as the ``FAFSA Simplification Act''.
(b) <<NOTE: 20 USC 1001 note. Applicability.>> General Effective
Date.--Except as otherwise expressly provided, this Act, and the
amendments made by this title to the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.), shall take effect on July 1, 2023, and shall apply
with respect to award year 2023-2024 and each subsequent award year, as
determined under the Higher Education Act of 1965. The Secretary of
Education shall have the authority to take such steps as are necessary
before
[[Page 134 STAT. 3138]]
July 1, 2023, to provide for the orderly implementation on such date of
the amendments to the Higher Education Act of 1965 made by this Act.
SEC. 702. <<NOTE: Determinations.>> MAKING IT EASIER TO APPLY FOR
FEDERAL AID AND MAKING THAT AID
PREDICTABLE.
(a) Need Analysis.--
(1) In general.--Section 471 of the Higher Education Act of
1965 (20 U.S.C. 1087kk) is amended to read as follows:
``SEC. 471. AMOUNT OF NEED.
``Except as otherwise provided therein, for award year 2023-2024 and
each subsequent award year, the amount of need of any student for
financial assistance under this title (except subpart 1 or 2 of part A)
is equal to--
``(1) the cost of attendance of such student, minus
``(2) the student aid index (as defined in section 473) for
such student, minus
``(3) other financial assistance not received under this
title (as defined in section 480(i)).''.
(2) Maximum aid under part d.--Section 451 of the Higher
Education Act of 1965 (20 U.S.C. 1087a) is amended by adding at
the end the following:
``(c) Maximum Aid.--The maximum dollar amount of financial
assistance provided under this part to a student shall not exceed the
cost of attendance for such student.''.
(3) <<NOTE: 20 USC 1001 note.>> Guidance to states.--The
Secretary of Education shall issue guidance for States on
interpretation and implementation of the terminology and formula
adjustments made to the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.) under the amendments by this Act, including the
student aid index, formerly known as the expected family
contribution, and the need analysis formulas.
(b) Cost of Attendance and Student Aid Index.--Sections 472 and 473
of the Higher Education Act of 1965 (20 U.S.C. 1087ll and 1087mm) are
amended to read as follows:
``SEC. 472. COST OF ATTENDANCE.
``(a) In General.--For the purpose of this title, the term `cost of
attendance' means--
``(1) tuition and fees normally assessed a student carrying
the same academic workload as determined by the institution;
``(2) an allowance for books, course materials, supplies,
and equipment, which shall include all such costs required of
all such students in the same course of study, including a
reasonable allowance for the documented rental or upfront
purchase of a personal computer, as determined by the
institution;
``(3) an allowance for transportation, which may include
transportation between campus, residences, and place of work, as
determined by the institution;
``(4) an allowance for miscellaneous personal expenses, for
a student attending the institution on at least a half-time
basis, as determined by the institution;
``(5) an allowance for living expenses, including food and
housing costs, to be incurred by the student attending the
institution on at least a half-time basis, as determined by the
institution, which shall include--
[[Page 134 STAT. 3139]]
``(A) for a student electing institutionally owned
or operated food services, such as board or meal plans,
a standard allowance for such services that provides the
equivalent of three meals each day;
``(B) for a student not electing institutionally
owned or operated food services, such as board or meal
plans, a standard allowance for purchasing food off
campus that provides the equivalent of three meals each
day;
``(C) for a student without dependents residing in
institutionally owned or operated housing, a standard
allowance determined by the institution based on the
average or median amount assessed to such residents for
housing charges, whichever is greater;
``(D) for a student with dependents residing in
institutionally owned or operated housing, a standard
allowance determined by the institution based on the
average or median amount assessed to such residents for
housing charges, whichever is greater;
``(E) for a student living off campus, and not in
institutionally owned or operated housing, a standard
allowance for rent or other housing costs;
``(F) for a dependent student residing at home with
parents, a standard allowance that shall not be zero
determined by the institution;
``(G) for a student living in housing located on a
military base or for which a basic allowance is provided
under section 403(b) of title 37, United States Code, a
standard allowance for food based upon such student's
choice of purchasing food on-campus or off-campus
(determined respectively in accordance with subparagraph
(A) or (B)), but not for housing costs; and
``(H) for all other students, an allowance based on
the expenses reasonably incurred by such students for
housing and food;
``(6) for a student engaged in a program of study by
correspondence, only tuition and fees and, if required, books
and supplies, travel, and housing and food costs incurred
specifically in fulfilling a required period of residential
training;
``(7) for a confined or incarcerated student, only tuition,
fees, books, course materials, supplies, equipment, and the cost
of obtaining a license, certification, or a first professional
credential in accordance with paragraph (14);
``(8) for a student enrolled in an academic program in a
program of study abroad approved for credit by the student's
home institution, reasonable costs associated with such study
(as determined by the institution at which such student is
enrolled);
``(9) for a student with one or more dependents, an
allowance based on the estimated actual expenses incurred for
such dependent care, based on the number and age of such
dependents, except that--
``(A) such allowance shall not exceed the reasonable
cost in the community in which such student resides for
the kind of care provided; and
``(B) the period for which dependent care is
required includes, but is not limited to, class-time,
study-time, field work, internships, and commuting time;
[[Page 134 STAT. 3140]]
``(10) for a student with a disability, an allowance (as
determined by the institution) for those expenses related to the
student's disability, including special services, personal
assistance, transportation, equipment, and supplies that are
reasonably incurred and not provided for by other assisting
agencies;
``(11) for a student receiving all or part of the student's
instruction by means of telecommunications technology, no
distinction shall be made with respect to the mode of
instruction in determining costs;
``(12) for a student engaged in a work experience under a
cooperative education program, an allowance for reasonable costs
associated with such employment (as determined by the
institution);
``(13) for a student who receives a Federal student loan
made under this title or any other Federal law, to cover a
student's cost of attendance at the institution, an allowance
for the actual cost of any loan fee, origination fee, or
insurance premium charged to such student or the parent of such
student on such loan; and
``(14) for a student in a program requiring professional
licensure, certification, or a first professional credential,
the cost of obtaining the license, certification, or a first
professional credential.
``(b) Special Rule for Living Expenses for Less-than-half-time
Students.--For students attending an institution of higher education
less than half-time, an institution of higher education may include an
allowance for living expenses, including food and housing costs in
accordance with subsection (a)(4) for up to three semesters, or the
equivalent, with no more than two semesters being consecutive.
``(c) Disclosure of Cost of Attendance Elements.--Each institution
shall make publicly available on the institution's website a list of all
the elements of cost of attendance described in paragraphs (1) through
(14) of subsection (a), and shall disclose such elements on any portion
of the website describing tuition and fees of the institution.
``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.
``(a) <<NOTE: Definition.>> In General.--For the purpose of this
Act, the term `student aid index' means, with respect to a student, an
index that reflects an evaluation of a student's approximate financial
resources to contribute toward the student's postsecondary education for
the academic year, as determined in accordance with this part.
``(b) Special Rule for Students Eligible for the Total Maximum Pell
Grant.--The Secretary shall consider an applicant to automatically have
a student aid index equal to zero if the applicant is eligible for the
total maximum Federal Pell Grant under section 401(b)(1)(A), except
that, if the applicant has a calculated student aid index of less than
zero the Secretary shall consider the negative number as the student aid
index for the applicant.
``(c) Special Rule for Nonfilers.--Notwithstanding subsection (b),
for an applicant (or, as applicable, an applicant and spouse, or an
applicant's parents) who is not required to file a Federal tax return
for the second preceding tax year, the Secretary
[[Page 134 STAT. 3141]]
shall for the purposes of this title consider the student aid index as
equal to - $1,500 for the applicant.''.
(c) Determination of Student Aid Index.--Section 474 of the Higher
Education Act of 1965 (20 U.S.C. 1087nn) is amended to read as follows:
``SEC. 474. DETERMINATION OF STUDENT AID INDEX.
``The student aid index--
``(1) for a dependent student shall be determined in
accordance with section 475;
``(2) for a single independent student or a married
independent student without dependents (other than a spouse)
shall be determined in accordance with section 476; and
``(3) for an independent student with dependents other than
a spouse shall be determined in accordance with section 477.''.
(d) Student Aid Index for Dependent Students.--Section 475 of the
Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended to read as
follows:
``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.
``(a) Computation of Student Aid Index.--
``(1) <<NOTE: Assessments.>> In general.--Except as
provided in paragraph (2), for each dependent student, the
student aid index is equal to the sum of--
``(A) the assessment of the parents' adjusted
available income (determined in accordance with
subsection (b));
``(B) the assessment of the student's available
income (determined in accordance with subsection (g));
and
``(C) the student's available assets (determined in
accordance with subsection (h)).
``(2) Exception.--If the sum determined under paragraph (1)
with respect to a dependent student is less than - $1,500, the
student aid index for the dependent student shall be - $1,500.
``(b) Assessment of Parents' Adjusted Available Income.--The
assessment of parents' adjusted available income is equal to the amount
determined by--
``(1) computing adjusted available income by adding--
``(A) the parents' available income (determined in
accordance with subsection (c)); and
``(B) the parents' available assets (determined in
accordance with subsection (d));
``(2) assessing such adjusted available income in accordance
with the assessment schedule set forth in subsection (e); and
``(3) considering such assessment resulting under paragraph
(2) as the amount determined under this subsection.
``(c) Parents' Available Income.--
``(1) In general.--The parents' available income is
determined by subtracting from total income (as defined in
section 480)--
``(A) Federal income taxes;
``(B) an allowance for payroll taxes, determined in
accordance with paragraph (2);
``(C) an income protection allowance, determined in
accordance with paragraph (3); and
``(D) an employment expense allowance, determined in
accordance with paragraph (4).
[[Page 134 STAT. 3142]]
``(2) Allowance for payroll taxes.--The allowance for
payroll taxes is equal to the sum of--
``(A) the total amount earned by the parents,
multiplied by the rate of tax under section 3101(b) of
the Internal Revenue Code of 1986; and
``(B) the amount earned by the parents that does not
exceed such contribution and benefit base (twice such
contribution and benefit base, in the case of a joint
return) for the year of the earnings, multiplied by the
rate of tax applicable to such earnings under section
3101(a) of the Internal Revenue Code of 1986.
``(3) Income protection allowance.--The income protection
allowance shall equal the amount determined in the following
table, as adjusted by the Secretary pursuant to section 478(b):
``Income Protection Allowance (to be adjusted for 2023-2024 and
succeeding years)
------------------------------------------------------------------------
Family Size (including student) Amount
------------------------------------------------------------------------
2.......................................................... $23,330
3.......................................................... $29,040
4.......................................................... $35,870
5.......................................................... $42,320
6.......................................................... $49,500
For each additional add.................................... $5,590.
------------------------------------------------------------------------
``(4) Employment expense allowance.--The employment expense
allowance is equal to the lesser of $4,000 or 35 percent of the
single parent's earned income or married parents' combined
earned income (as adjusted by the Secretary pursuant to section
478(g)).
``(d) Parents' Available Assets.--
``(1) In general.--
``(A) Determination.--Except as provided in
subparagraph (B), the parents' available assets are
equal to--
``(i) the difference between the parents'
assets and the asset protection allowance
(determined in accordance with paragraph (2));
multiplied by
``(ii) 12 percent.
``(B) Not less than zero.--The parents' available
assets under this subsection shall not be less than
zero.
``(2) Asset protection allowance.--The asset protection
allowance is calculated based on the following table (as revised
by the Secretary pursuant to section 478(d)):
``Asset Protection Allowances for Parents of Dependent Students
----------------------------------------------------------------------------------------------------------------
And there are
-------------------------------------------------
two parents one parent
If the age of the oldest parent is-- -------------------------------------------------
then the allowance is--
----------------------------------------------------------------------------------------------------------------
25 or less.................................................... $0 $0
26............................................................ $400 $100
27............................................................ $700 $300
[[Page 134 STAT. 3143]]
28............................................................ $1,100 $400
29............................................................ $1,500 $600
30............................................................ $1,800 $700
31............................................................ $2,200 $800
32............................................................ $2,600 $1,000
33............................................................ $2,900 $1,100
34............................................................ $3,300 $1,300
35............................................................ $3,700 $1,400
36............................................................ $4,000 $1,500
37............................................................ $4,400 $1,700
38............................................................ $4,800 $1,800
39............................................................ $5,100 $2,000
40............................................................ $5,500 $2,100
41............................................................ $5,600 $2,200
42............................................................ $5,700 $2,200
43............................................................ $5,900 $2,300
44............................................................ $6,000 $2,300
45............................................................ $6,200 $2,400
46............................................................ $6,300 $2,400
47............................................................ $6,500 $2,500
48............................................................ $6,600 $2,500
49............................................................ $6,800 $2,600
50............................................................ $7,000 $2,700
51............................................................ $7,100 $2,700
52............................................................ $7,300 $2,800
53............................................................ $7,500 $2,900
54............................................................ $7,700 $2,900
55............................................................ $7,900 $3,000
56............................................................ $8,100 $3,100
57............................................................ $8,400 $3,100
58............................................................ $8,600 $3,200
59............................................................ $8,800 $3,300
60............................................................ $9,100 $3,400
61............................................................ $9,300 $3,500
62............................................................ $9,600 $3,600
63............................................................ $9,900 $3,700
64............................................................ $10,200 $3,800
65 or more.................................................... $10,500 $3,900.
----------------------------------------------------------------------------------------------------------------
``(e) Assessment Schedule.--The assessment of the parents' adjusted
available income (as determined under subsection (b)(1) and hereafter in
this subsection referred to as `AAI') is calculated based on the
following table (as revised by the Secretary pursuant to section
478(e)):
[[Page 134 STAT. 3144]]
``Parents' Contribution From AAI
------------------------------------------------------------------------
Then the parents' contribution
If the parents' AAI is-- from AAI is--
------------------------------------------------------------------------
Less than - $6,820..................... - $1,500
- $6,820 to $17,400.................... 22% of AAI
$17,401 to $21,800.................... $3,828 + 25% of AAI over
$17,400
$21,801 to $26,200.................... $4,928 + 29% of AAI over
$21,800
$26,201 to $30,700.................... $6,204 + 34% of AAI over
$26,200
$30,701 to $35,100.................... $7,734 + 40% of AAI over
$30,700
$35,101 or more....................... $9,494 + 47% of AAI over
$35,100.
------------------------------------------------------------------------
``(f) Consideration of Parental Income.--
``(1) Parents who live together.--Parental income and assets
in the case of student whose parents are married and not
separated, or who are unmarried but live together, shall include
the income and assets of both parents.
``(2) Divorced or separated parents.--Parental income and
assets for a student whose parents are divorced or separated,
but not remarried, is determined by including only the income
and assets of the parent who provides the greater portion of the
student's financial support.
``(3) Death of a parent.--Parental income and assets in the
case of the death of any parent is determined as follows:
``(A) If either of the parents has died, the
surviving parent shall be considered a single parent,
until that parent has remarried.
``(B) If both parents have died, the student shall
not report any parental income or assets.
``(4) Remarried parents.--If a parent whose income and
assets are taken into account under paragraph (2), or if a
parent who is a widow or widower and whose income is taken into
account under paragraph (3), has remarried, the income of that
parent's spouse shall be included in determining the parent's
assessment of adjusted available income if the student's parent
and the stepparent are married as of the date of application for
the award year concerned.
``(5) Single parent who is not divorced or separated.--
Parental income and assets in the case of a student whose parent
is not described in paragraph (1) and is a single parent who is
not divorced, separated, or remarried, shall include the income
and assets of such single parent.
``(g) Student's Available Income.--
``(1) In general.--The student's available income is equal
to--
``(A) the difference between the student's total
income (determined in accordance with section 480) and
the adjustment to student income (determined in
accordance with paragraph (2)); multiplied by
``(B) 50 percent.
``(2) Adjustment to student income.--The adjustment to
student income is equal to the sum of--
``(A) Federal income taxes;
``(B) an allowance for payroll taxes determined in
accordance with paragraph (3);
``(C) an income protection allowance that is equal
to $9,410, as adjusted pursuant to section 478(b); and
[[Page 134 STAT. 3145]]
``(D) an allowance for parents' negative available
income, determined in accordance with paragraph (4).
``(3) Allowance for payroll taxes.--The allowance for
payroll taxes is equal to the sum of--
``(A) the total amount earned by the student,
multiplied by the rate of tax under section 3101(b) of
the Internal Revenue Code of 1986; and
``(B) the amount earned by the student that does not
exceed such contribution and benefit base for the year
of the earnings, multiplied by the rate of tax
applicable to such earnings under section 3101(a) of the
Internal Revenue Code of 1986.
``(4) Allowance for parents' negative available income.--The
allowance for parents' negative available income is the amount,
if any, by which the sum of the amounts deducted under
subsection (c)(1) exceeds the sum of the parents' total income
(as defined in section 480) and the parents' available assets
(as determined in accordance with subsection (d)).
``(h) Student's Assets.--The student's assets are determined by
calculating the assets of the student and multiplying such amount by 20
percent, except that the result shall not be less than zero.''.
(e) Student Aid Index for Independent Students Without Dependents
Other Than a Spouse.--Section 476 of the Higher Education Act of 1965
(20 U.S.C. 1087pp) is amended to read as follows:
``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT
DEPENDENTS OTHER THAN A SPOUSE.
``(a) Computation of Student Aid Index.--
``(1) In general.--For each independent student without
dependents other than a spouse, the student aid index is equal
to (except as provided in paragraph (2)) the sum of--
``(A) the family's available income (determined in
accordance with subsection (b)); and
``(B) the family's available assets (determined in
accordance with subsection (c)).
``(2) Exception.--If the sum determined under paragraph (1)
with respect to an independent student without dependents other
than a spouse is less than - $1,500, the student aid index for
the independent student shall be - $1,500.
``(b) Family's Available Income.--
``(1) In general.--The family's available income is
determined by--
``(A) deducting from total income (as defined in
section 480)--
``(i) Federal income taxes;
``(ii) an allowance for payroll taxes,
determined in accordance with paragraph (2);
``(iii) an income protection allowance that is
equal to--
``(I) in the case of a single
independent student without dependents,
$14,630, as adjusted pursuant to section
478(b); and
``(II) in the case of a married
independent student without dependents,
$23,460, as adjusted pursuant to section
478(b); and
[[Page 134 STAT. 3146]]
``(iv) in the case of a married independent
student, an employment expense allowance, as
determined in accordance with paragraph (3); and
``(B) multiplying the amount determined under
subparagraph (A) by 50 percent.
``(2) Allowance for payroll taxes.--The allowance for
payroll taxes is equal to the sum of--
``(A) the total amount earned by the student (and
spouse, if appropriate), multiplied by the rate of tax
under section 3101(b) of the Internal Revenue Code of
1986; and
``(B) the amount earned by the student (and spouse,
if appropriate) that does not exceed such contribution
and benefit base (twice such contribution and benefit
base, in the case of a joint return) for the year of the
earnings, multiplied by the rate of tax applicable to
such earnings under section 3101(a) of the Internal
Revenue Code of 1986.
``(3) Employment expense allowance.--The employment expense
allowance is equal to the following:
``(A) If the student is married, such allowance is
equal to the lesser of $4,000 or 35 percent of the
couple's combined earned income (as adjusted by the
Secretary pursuant to section 478(g)).
``(B) If the student is not married, the employment
expense allowance is zero.
``(c) Family's Available Assets.--
``(1) In general.--
``(A) Determination.--Except as provided in
subparagraph (B), the family's available assets are
equal to--
``(i) the difference between the family's
assets (as defined in section 480(f)) and the
asset protection allowance (determined in
accordance with paragraph (2)); multiplied by
``(ii) 20 percent.
``(B) Not less than zero.--The family's available
assets under this subsection shall not be less than
zero.
``(2) Asset protection allowance.--The asset protection
allowance is calculated based on the following table (as revised
by the Secretary pursuant to section 478(d)):
``Asset Protection Allowances for Families and Students
----------------------------------------------------------------------------------------------------------------
And the student is
-------------------------------------------------
married single
If the age of the student is-- -------------------------------------------------
then the allowance is--
----------------------------------------------------------------------------------------------------------------
25 or less.................................................... $0 $0
26............................................................ $400 $100
27............................................................ $700 $300
28............................................................ $1,100 $400
29............................................................ $1,500 $600
30............................................................ $1,800 $700
31............................................................ $2,200 $800
32............................................................ $2,600 $1,000
33............................................................ $2,900 $1,100
34............................................................ $3,300 $1,300
[[Page 134 STAT. 3147]]
35............................................................ $3,700 $1,400
36............................................................ $4,000 $1,500
37............................................................ $4,400 $1,700
38............................................................ $4,800 $1,800
39............................................................ $5,100 $2,000
40............................................................ $5,500 $2,100
41............................................................ $5,600 $2,200
42............................................................ $5,700 $2,200
43............................................................ $5,900 $2,300
44............................................................ $6,000 $2,300
45............................................................ $6,200 $2,400
46............................................................ $6,300 $2,400
47............................................................ $6,500 $2,500
48............................................................ $6,600 $2,500
49............................................................ $6,800 $2,600
50............................................................ $7,000 $2,700
51............................................................ $7,100 $2,700
52............................................................ $7,300 $2,800
53............................................................ $7,500 $2,900
54............................................................ $7,700 $2,900
55............................................................ $7,900 $3,000
56............................................................ $8,100 $3,100
57............................................................ $8,400 $3,100
58............................................................ $8,600 $3,200
59............................................................ $8,800 $3,300
60............................................................ $9,100 $3,400
61............................................................ $9,300 $3,500
62............................................................ $9,600 $3,600
63............................................................ $9,900 $3,700
64............................................................ $10,200 $3,800
65 or more.................................................... $10,500 $3,900.
----------------------------------------------------------------------------------------------------------------
``(d) Computations in Case of Separation, Divorce, or Death.--In the
case of a student who is divorced or separated, or whose spouse has
died, the spouse's income and assets shall not be considered in
determining the family's available income or assets.''.
(f) Student Aid Index for Independent Students With Dependents Other
Than a Spouse.--Section 477 of the Higher Education Act of 1965 (20
U.S.C. 1087qq) is amended to read as follows:
``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH
DEPENDENTS OTHER THAN A SPOUSE.
``(a) Computation of Student Aid Index.--
``(1) In general.--For each independent student with
dependents other than a spouse, the student aid index is equal
to the amount determined by--
``(A) computing adjusted available income by
adding--
[[Page 134 STAT. 3148]]
``(i) the family's available income
(determined in accordance with subsection (b));
and
``(ii) the family's available assets
(determined in accordance with subsection (c));
``(B) assessing such adjusted available income in
accordance with an assessment schedule set forth in
subsection (d); and
``(C) considering such assessment resulting under
subparagraph (B) as the amount determined under this
subsection.
``(2) Exception.--If the sum determined under paragraph (1)
with respect to an independent student with dependents other
than a spouse is less than - $1,500, the student aid index for
the independent student shall be - $1,500.
``(b) Family's Available Income.--
``(1) In general.--The family's available income is
determined by deducting from total income (as defined in section
480)--
``(A) Federal income taxes;
``(B) an allowance for payroll taxes, determined in
accordance with paragraph (2);
``(C) an income protection allowance, determined in
accordance with paragraph (3); and
``(D) an employment expense allowance, determined in
accordance with paragraph (4).
``(2) Allowance for payroll taxes.--The allowance for
payroll taxes is equal to the sum of--
``(A) the total amount earned by the student (and
spouse, if appropriate), multiplied by the rate of tax
under section 3101(b) of the Internal Revenue Code of
1986; and
``(B) the amount earned by the student (and spouse,
if appropriate) that does not exceed such contribution
and benefit base (twice such contribution and benefit
base, in the case of a joint return) for the year of the
earnings, multiplied by the rate of tax applicable to
such earnings under section 3101(a) of the Internal
Revenue Code of 1986.
``(3) Income protection allowance.--The income protection
allowance shall equal the amount determined in the following
table, as adjusted by the Secretary pursuant to section 478(b):
``(A) In the case of a married independent student
with dependents:
``Income Protection Allowance (to be adjusted for 2023-2024 and
succeeding years)
------------------------------------------------------------------------
Family Size (including student) Amount
------------------------------------------------------------------------
3.......................................................... $46,140
4.......................................................... $56,970
5.......................................................... $67,230
6.......................................................... $78,620
For each additional add.................................... $8,880.
------------------------------------------------------------------------
``(B) In the case of a single independent student
with dependents:
[[Page 134 STAT. 3149]]
``Income Protection Allowance (to be adjusted for 2023-2024 and
succeeding years)
------------------------------------------------------------------------
Family Size (including student) Amount
------------------------------------------------------------------------
2.......................................................... $43,920
3.......................................................... $54,690
4.......................................................... $67,520
5.......................................................... $79,680
6.......................................................... $93,180
For each additional add.................................... $10,530.
------------------------------------------------------------------------
``(4) Employment expense allowance.--The employment expense
allowance is equal to the lesser of $4,000 or 35 percent of the
student's earned income or the combined earned income of the
student and the student's spouse, if applicable (as adjusted by
the Secretary pursuant to section 478(g)).
``(c) Family's Available Assets.--
``(1) In general.--
``(A) Determination.--Except as provided in
subparagraph (B), the family's available assets are
equal to--
``(i) the difference between the family's
assets (as defined in 480(f)) and the asset
protection allowance (determined in accordance
with paragraph (2)); multiplied by
``(ii) 7 percent.
``(B) Not less than zero.--The family's available
assets under this subsection shall not be less than
zero.
``(2) Asset protection allowance.--The asset protection
allowance is calculated based on the following table (as revised
by the Secretary pursuant to section 478(d)):
``Asset Protection Allowances for Families and Students
----------------------------------------------------------------------------------------------------------------
And the student is
-------------------------------------------------
married single
If the age of the student is-- -------------------------------------------------
then the allowance is--
----------------------------------------------------------------------------------------------------------------
25 or less.................................................... $0 $0
26............................................................ $400 $100
27............................................................ $700 $300
28............................................................ $1,100 $400
29............................................................ $1,500 $600
30............................................................ $1,800 $700
31............................................................ $2,200 $800
32............................................................ $2,600 $1,000
33............................................................ $2,900 $1,100
34............................................................ $3,300 $1,300
35............................................................ $3,700 $1,400
36............................................................ $4,000 $1,500
37............................................................ $4,400 $1,700
38............................................................ $4,800 $1,800
39............................................................ $5,100 $2,000
40............................................................ $5,500 $2,100
41............................................................ $5,600 $2,200
42............................................................ $5,700 $2,200
[[Page 134 STAT. 3150]]
43............................................................ $5,900 $2,300
44............................................................ $6,000 $2,300
45............................................................ $6,200 $2,400
46............................................................ $6,300 $2,400
47............................................................ $6,500 $2,500
48............................................................ $6,600 $2,500
49............................................................ $6,800 $2,600
50............................................................ $7,000 $2,700
51............................................................ $7,100 $2,700
52............................................................ $7,300 $2,800
53............................................................ $7,500 $2,900
54............................................................ $7,700 $2,900
55............................................................ $7,900 $3,000
56............................................................ $8,100 $3,100
57............................................................ $8,400 $3,100
58............................................................ $8,600 $3,200
59............................................................ $8,800 $3,300
60............................................................ $9,100 $3,400
61............................................................ $9,300 $3,500
62............................................................ $9,600 $3,600
63............................................................ $9,900 $3,700
64............................................................ $10,200 $3,800
65 or more.................................................... $10,500 $3,900.
----------------------------------------------------------------------------------------------------------------
``(d) Assessment Schedule.--The assessment of adjusted available
income (as determined under subsection (a)(1) and hereafter in this
subsection referred to as `AAI') is calculated based on the following
table (as revised by the Secretary pursuant to section 478(e)):
``Assessment From Adjusted Available Income
------------------------------------------------------------------------
If AAI is-- Then the assessment is--
------------------------------------------------------------------------
Less than - $6,820..................... - $1,500
- $6,820 to $17,400.................... 22% of AAI
$17,401 to $21,800.................... $3,828 + 25% of AAI over
$17,400
$21,801 to $26,200.................... $4,928 + 29% of AAI over
$21,800
$26,201 to $30,700.................... $6,204 + 34% of AAI over
$26,200
$30,701 to $35,100.................... $7,734 + 40% of AAI over
$30,700
$35,101 or more....................... $9,494 + 47% of AAI over
$35,100.
------------------------------------------------------------------------
``(e) Computations in Case of Separation, Divorce, or Death.--In the
case of a student who is divorced or separated, or whose spouse has
died, the spouse's income and assets shall not be considered in
determining the family's available income or assets.''.
(g) Regulations; Updated Tables.--Section 478 of the Higher
Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as follows:
[[Page 134 STAT. 3151]]
``SEC. 478. REGULATIONS; UPDATED TABLES.
``(a) Authority To Prescribe Regulations Restricted.--
Notwithstanding any other provision of law, the Secretary shall not have
the authority to prescribe regulations to carry out this part except--
``(1) to prescribe updated tables in accordance with
subsections (b) through (g); and
``(2) with respect to the definition of cost of attendance
under section 472, excluding section 472(a)(1).
``(b) <<NOTE: Time periods. Federal Register, publication.>> Income
Protection Allowance Adjustments.--For award year 2023-2024 and each
subsequent award year, the Secretary shall publish in the Federal
Register revised income protection allowances for the purposes of
subsections (c)(3) and (g)(2)(C) of section 475, subclauses (I) and (II)
of section 476(b)(1)(A)(iii), and section 477(b)(3), by increasing the
income protection allowances in each of such provisions, by a percentage
equal to the percentage increase in the Consumer Price Index, as defined
in subsection (f), between April 2020 and the April in the year prior to
the beginning of the award year and rounding the result to the nearest
$10.
``(c) Adjusted Net Worth of a Farm or Business.--
``(1) Table.--The table of the net worth of a farm or
business for purposes of making determinations of assets as
defined under section 480(f) is the following:
``Farm/Business Net Worth Adjustment
------------------------------------------------------------------------
If the net worth of a farm or business Then the adjusted net worth is--
is--
------------------------------------------------------------------------
Less than $1........................... $0
$1 to $140,000........................ 40% of net worth of farm/
business
$140,001 to $415,000.................. $56,000 + 50% of net worth
over $140,000
$415,001 to $695,000.................. $193,500 + 60% of net worth
over $415,000
$695,001 or more...................... $361,500 + 100% of net worth
over $695,000.
------------------------------------------------------------------------
``(2) <<NOTE: Time periods. Federal Register,
publication.>> Revised tables.--For award year 2023-2024 and
each subsequent award year, the Secretary shall publish in the
Federal Register a revised table of the adjusted net worth of a
farm or business for purposes of section 480(f). Such revised
table shall be developed--
``(A) by increasing each dollar amount that refers
to net worth of a farm or business by a percentage equal
to the percentage increase in the Consumer Price Index
between April 2020 and the April in the year prior to
the beginning of such award year, and rounding the
result to the nearest $5,000; and
``(B) by adjusting the dollar amounts in the column
referring to the adjusted net worth to reflect the
changes made pursuant to subparagraph (A).
``(d) <<NOTE: Federal Register, publication.>> Asset Protection
Allowance.--For award year 2023-2024 and each subsequent award year, the
Secretary shall publish in the Federal Register a revised table of
allowances for the purpose of sections 475(d)(2), 476(c)(2), and
477(c)(2). Such revised table shall be developed by determining the
present value cost, rounded to the nearest $100, of an annuity that
would provide, for each
[[Page 134 STAT. 3152]]
age cohort of 40 and above, a supplemental income at age 65 (adjusted
for inflation) equal to the difference between the moderate family
income (as most recently determined by the Bureau of Labor Statistics),
and the current average social security retirement benefits. For each
age cohort below 40, the allowance shall be computed by decreasing the
allowance for age 40, as updated, by one-fifteenth for each year of age
below age 40 and rounding the result to the nearest $100. In making such
determinations--
``(1) the tables of allowances specified in sections
475(d)(2), 476(c)(2), and 477(c)(2) shall be considered to be
for award year 2021-2022 for the purposes of calculating
inflation;
``(2) inflation shall be presumed to be 6 percent per year;
``(3) the rate of return of an annuity shall be presumed to
be 8 percent; and
``(4) the sales commission on an annuity shall be presumed
to be 6 percent.
``(e) <<NOTE: Federal Register, publication.>> Assessment Schedules
and Rates.--For award year 2023-2024 and each subsequent award year, the
Secretary shall publish in the Federal Register a revised table of
assessments from adjusted available income for the purpose of sections
475(e) and 477(d). Such revised table shall be developed--
``(1) by increasing each dollar amount that refers to
adjusted available income by a percentage equal to the
percentage increase in the Consumer Price Index between April
2020 and the April in the year prior to the beginning of such
academic year, rounded to the nearest $100; and
``(2) by adjusting the other dollar amounts to reflect the
changes made pursuant to paragraph (1).
``(f) Consumer Price Index Defined.--In this section, the term
`Consumer Price Index' means the Consumer Price Index for All Urban
Consumers published by the Department of Labor. Each annual update of
tables to reflect changes in the Consumer Price Index shall be corrected
for misestimation of actual changes in such Index in previous years.
``(g) Employment Expense Allowance.--For award year 2023-2024 and
each succeeding award year, the Secretary <<NOTE: Federal Register,
publication.>> shall publish in the Federal Register a revised table of
employment expense allowances for the purpose of sections 475(c)(4),
476(b)(3), and 477(b)(4). Such revised table shall be developed by
increasing the dollar amount specified in sections 475(c)(4), 476(b)(3),
and 477(b)(4) by a percentage equal to the percentage increase in the
Consumer Price Index, as defined in subsection (f), between April 2020
and the April in the year prior to the beginning of the award year and
rounding the result to the nearest $10.
``(h) Clarification for Award Year 2023-2024.--For award year 2023-
2024, the Secretary shall determine adjusted amounts and prescribe
revised tables with respect to the income protection, employment
expense, and asset protection allowances and the assessment schedules
under sections 475, 476, and 477, pursuant to this section. The amounts
and tables specified in sections 475, 476, and 477 with respect to such
allowances and schedules shall only be used by the Secretary as a
baseline for adjustments and table revisions prescribed in accordance
with this section.''.
(h) Applicants Exempt From Asset Reporting.--Section 479 of the
Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended to read as
follows:
[[Page 134 STAT. 3153]]
``SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.
``(a) In General.--Notwithstanding any other provision of law, this
section shall be effective for each individual seeking to apply for
Federal financial aid under this title, as part of the simplified
application for Federal student financial aid under section 483, on or
after July 1, 2023.
``(b) Applicants Exempt From Asset Reporting.--
``(1) In general.--Except as provided in paragraph (3), in
carrying out section 483, the Secretary shall not use asset
information from an eligible applicant or, as applicable, the
parent or spouse of an eligible applicant.
``(2) <<NOTE: Definition.>> Eligible applicants.--In this
subsection, the term `eligible applicant' means an applicant who
meets at least one of the following criteria:
``(A) Is an applicant who qualifies for an automatic
zero student aid index or negative student aid index
under subsection (b) or (c) of section 473.
``(B) Is an applicant who is a dependent student and
the student's parents have a total adjusted gross income
(excluding any income of the dependent student) that is
less than $60,000 and do not file a Schedule A, B, D, E,
F, or H (or equivalent successor schedules) with the
Federal income tax return for the second preceding tax
year, and--
``(i) do not file a Schedule C (or the
equivalent successor schedule) with the Federal
income tax return for the second preceding tax
year; or
``(ii) file a Schedule C (or the equivalent
successor schedule) with net business income of
not more than a $10,000 loss or gain with the
Federal income tax return for the second preceding
tax year.
``(C) Is an applicant who is an independent student
and the student (including the student's spouse, if any)
has a total adjusted gross income that is less than
$60,000 and does not file a Schedule A, B, D, E, F, or H
(or equivalent successor schedules), with the Federal
income tax return for the second preceding tax year,
and--
``(i) does not file a Schedule C (or the
equivalent successor schedule) with the Federal
income tax return for the second preceding tax
year; or
``(ii) files a Schedule C (or the equivalent
successor schedule) with net business income of
not more than a $10,000 loss or gain with the
Federal income tax return for the second preceding
tax year.
``(D) Is an applicant who, at any time during the
previous 24-month period, received a benefit under a
means-tested Federal benefit program (or whose parent or
spouse received such a benefit, as applicable).
``(3) Special rule.--An eligible applicant shall not be
exempt from asset reporting under this section if the applicant
is a dependent student and the students' parents do not--
``(A) reside in the United States or a United States
territory; or
``(B) file taxes in the United States or a United
States territory, except if such nonfiling is due to not
being required to file a Federal tax return for the
applicable tax year due to a low income.
[[Page 134 STAT. 3154]]
``(4) Definitions.--In this section:
``(A) Schedule a.--The term `Schedule A' means a
form or information by a taxpayer to report itemized
deductions.
``(B) Schedule b.--The term `Schedule B' means a
form or information filed by a taxpayer to report
interest and ordinary dividend income.
``(C) Schedule c.--The term `Schedule C' means a
form or information filed by a taxpayer to report income
or loss from a business operated or a profession
practiced as a sole proprietor.
``(D) Schedule d .--The term `Schedule D' means a
form or information filed by a taxpayer to report sales,
exchanges or some involuntary conversions of capital
assets, certain capital gain distributions, and
nonbusiness bad debts.
``(E) Schedule e .--The term `Schedule E' means a
form or information filed by a taxpayer to report income
from rental properties, royalties, partnerships, S
corporations, estates, trusts, and residual interests in
real estate mortgage investment conduits.
``(F) Schedule f.--The term `Schedule F' means a
form or information filed by a taxpayer to report farm
income and expenses.
``(G) Schedule h.--The term `Schedule H' means a
form or information filed by a taxpayer to report
household employment taxes.
``(H) Means-tested federal benefit program.--The
term `means-tested Federal benefit program' means any of
the following:
``(i) The supplemental security income program
under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.).
``(ii) The supplemental nutrition assistance
program under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.), a nutrition assistance
program carried out under section 19 of such Act
(7 U.S.C. 2028), and a supplemental nutrition
assistance program carried out under section 3(c)
of the Act entitled `An Act to authorize
appropriations for certain insular areas of the
United States, and for other purposes' (Public Law
95-348).
``(iii) The program of block grants for States
for temporary assistance for needy families
established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
``(iv) The special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786).
``(v) The Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.).
``(vi) Federal housing assistance programs,
including tenant-based assistance under section
8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), and public housing, as defined
in section 3(b)(1) of such Act (42 U.S.C.
1437a(b)(1)).
[[Page 134 STAT. 3155]]
``(vii) Other means-tested programs determined
by the Secretary to be approximately consistent
with the income eligibility requirements of the
means-tested programs under clauses (i) through
(vi).''.
(i) Discretion of Student Financial Aid Administrators.--Section
479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) is amended
to read as follows:
``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.
``(a) In General.--
``(1) Authority of financial aid administrators.--A
financial aid administrator shall have the authority to, on the
basis of adequate documentation, make adjustments to any or all
of the following on a case-by-case basis:
``(A) For an applicant with special circumstances
under subsection (b) to--
``(i) the cost of attendance;
``(ii) the values of the data used to
calculate the student aid index; or
``(iii) the values of the data used to
calculate the Federal Pell Grant award.
``(B) For an applicant with unusual circumstances
under subsection (c), to the dependency status of such
applicant.
``(2) Limitations on authority.--
``(A) Use of authority.--No institution of higher
education or financial aid administrator shall maintain
a policy of denying all requests for adjustments under
this section.
``(B) No additional fee.--No student or parent shall
be charged a fee for a documented interview of the
student by the financial aid administrator or for the
review of a student or parent's request for adjustments
under this section including the review of any
supplementary information or documentation of a student
or parent's special circumstances or a student's unusual
circumstances.
``(C) Rule of construction.--The authority to make
adjustments under paragraph (1)(A) shall not be
construed to permit financial aid administrators to
deviate from the cost of attendance, the values of data
used to calculate the student aid index or the values of
data used to calculate the Federal Pell Grant award (or
both) for awarding aid under this title in the absence
of special circumstances.
``(3) Adequate documentation.--Adequate documentation for
adjustments under this section must substantiate the special
circumstances or unusual circumstances of an individual student,
and may include, to the extent relevant and appropriate--
``(A) a documented interview between the student and
the financial aid administrator;
``(B) for the purposes of determining that a student
qualifies for an adjustment under paragraph (1)(B)--
``(i) submission of a court order or official
Federal or State documentation that the student or
the student's parents or legal guardians are
incarcerated in any Federal or State penal
institution;
[[Page 134 STAT. 3156]]
``(ii) a documented phone call or a written
statement, which confirms the specific unusual
circumstances with--
``(I) a child welfare agency
authorized by a State or county;
``(II) a Tribal welfare authority or
agency;
``(III) an independent living case
worker, such as a case worker who
supports current and former foster youth
with the transition to adulthood; or
``(IV) a public or private agency,
facility, or program servicing the
victims of abuse, neglect, assault, or
violence, which may include domestic
violence;
``(iii) a documented phone call or a written
statement from an attorney, a guardian ad litem,
or a court-appointed special advocate, or a person
serving in a similar capacity which confirms the
specific unusual circumstances and documents the
person's relationship to the student;
``(iv) a documented phone call or written
statement from a representative under chapter 1 or
2 of subpart 2 of part A, which confirms the
specific unusual circumstances and documents the
representative's relationship to the student;
``(v) documents, such as utility bills or
health insurance documentation, that demonstrate a
separation from parents or legal guardians; and
``(vi) in the absence of documentation
described in this subparagraph, other
documentation the financial aid administrator
determines is adequate to confirm the unusual
circumstances, pursuant to section 480(d)(9); and
``(C) supplementary information, as necessary, about
the financial status or personal circumstances of
eligible applicants as it relates to the special
circumstances or unusual circumstances based on which
the applicant is requesting an adjustment.
``(4) Special rule.--In making adjustments under paragraph
(1), a financial aid administrator may offer a dependent student
financial assistance under a Federal Direct Unsubsidized
Stafford Loan without requiring the parents of such student to
provide their parent information on the Free Application for
Federal Student Aid if the student does not qualify for, or does
not choose to use, the unusual circumstance option described in
section 480(d)(9), and the financial aid administrator
determines that the parents of such student ended financial
support of such student or refuse to file such form.
``(5) Public disclosure.--Each institution of higher
education shall make publicly available information that
students applying for aid under this title have the opportunity
to pursue adjustments under this section.
``(b) Adjustments for Students With Special Circumstances.--
``(1) Special circumstances for adjustments related to pell
grants.--Special circumstances for adjustments to calculate a
Federal Pell Grant award--
[[Page 134 STAT. 3157]]
``(A) shall be conditions that differentiate an
individual student from a group of students rather than
conditions that exist across a group of students; and
``(B) may include--
``(i) recent unemployment of a family member
or student;
``(ii) a student or family member who is a
dislocated worker (as defined in section 3 of the
Workforce Innovation and Opportunity Act);
``(iii) a change in housing status that
results in an individual being a homeless youth;
``(iv) an unusual amount of claimed losses
against income on the Federal tax return that
substantially lower adjusted gross income, such as
business, investment, or real estate losses;
``(v) receipt of foreign income of permanent
residents or United States citizens exempt from
Federal taxation, or the foreign income for which
a permanent resident or citizen received a foreign
tax credit;
``(vi) in the case of an applicant who does
not qualify for the exemption from asset reporting
under section 479, assets as defined in section
480(f); or
``(vii) other changes or adjustments in the
income, assets, or size of a family, or a
student's dependency status.
``(2) Special circumstances for adjustments related to cost
of attendance and student aid index.--Special circumstances for
adjustments to the cost of attendance or the values of the data
used to calculate the student aid index--
``(A) shall be conditions that differentiate an
individual student from a group of students rather than
conditions that exist across a group of students, except
as provided in sections 479B and 479C; and
``(B) may include--
``(i) tuition expenses at an elementary school
or secondary school;
``(ii) medical, dental, or nursing home
expenses not covered by insurance;
``(iii) child care or dependent care costs not
covered by the dependent care cost allowance
calculated in accordance with section 472;
``(iv) recent unemployment of a family member
or student;
``(v) a student or family member who is a
dislocated worker (as defined in section 3 of the
Workforce Innovation and Opportunity Act);
``(vi) the existence of additional family
members enrolled in a degree, certificate, or
other program leading to a recognized educational
credential at an institution with a program
participation agreement under section 487;
``(vii) a change in housing status that
results in an individual being a homeless youth;
``(viii) a condition of severe disability of
the student, or in the case of a dependent
student, the dependent student's parent or
guardian, or in the case
[[Page 134 STAT. 3158]]
of an independent student, the independent
student's dependent or spouse;
``(ix) unusual amount of claimed losses
against income on the Federal tax return that
substantially lower adjusted gross income, such as
business, investment, or real estate losses; or
``(x) other changes or adjustments in the
income, assets, or size of a family, or a
student's dependency status.
``(c) Unusual Circumstances Adjustments.--
``(1) In general.--Unusual circumstances for adjustments to
the dependency status of an applicant shall be--
``(A) conditions that differentiate an individual
student from a group of students; and
``(B) based on unusual circumstances, pursuant to
section 480(d)(9).
``(2) Provisional independent students.--
``(A) Requirements for the secretary.--The Secretary
shall--
``(i) enable each student who, based on an
unusual circumstance described in section
480(d)(9), may qualify for an adjustment under
subsection (a)(1)(B) that will result in a
determination of independence under this section
or section 479D to complete the Free Application
for Federal Student Aid as an independent student
for the purpose of a provisional determination of
the student's Federal financial aid award, with
the final determination of the award subject to
the documentation requirements of subsection
(a)(3);
``(ii) upon completion of the Free Application
for Federal Student Aid provide an estimate of the
student's Federal Pell Grant award, and other
information as specified in section 483(a)(3)(A),
based on the assumption that the student is
determined to be an independent student; and
``(iii) specify, on the Free Application for
Federal Student Aid, the consequences under
section 490(a) of knowingly and willfully
completing the Free Application for Federal
Student Aid as an independent student under clause
(i) without meeting the unusual circumstances to
qualify for such a determination.
``(B) Requirements for financial aid
administrators.--With respect to a student accepted for
admission who completes the Free Application for Federal
Student Aid as an independent student under subparagraph
(A), a financial aid administrator shall--
``(i) <<NOTE: Notification.>> notify the
student of the institutional process,
requirements, and timeline for an adjustment under
this section and section 480(d)(9) that will
result in a review of the student's request for an
adjustment and a determination of the student's
dependency status under such sections within a
reasonable time after the student completes the
Free Application for Federal Student Aid;
``(ii) provide the student a final
determination of the student's dependency status
and Federal financial
[[Page 134 STAT. 3159]]
aid award as soon as practicable after all
requested documentation is provided;
``(iii) retain all documents related to the
adjustment under this section and section
480(d)(9), including documented interviews, for at
least the duration of the student's enrollment,
and shall abide by all other record keeping
requirements of this Act; and
``(iv) presume that any student who has
obtained an adjustment under this section and
section 480(d)(9) and a final determination of
independence for any preceding award year at an
institution of higher education to be independent
for each subsequent award year at the same
institution unless--
``(I) the student informs the
institution that circumstances have
changed; or
``(II) the institution has specific
conflicting information about the
student's independence.
``(C) Eligibility.--If a student pursues provisional
independent student status and is not determined to be
an independent student by a financial aid administrator,
such student shall only be eligible for a Federal Direct
Unsubsidized Stafford Loan for that award year unless
such student subsequently completes the Free Application
for Federal Student Aid as a dependent student.
``(d) Adjustments to Assets or Income Taken Into Account.--A
financial aid administrator shall be considered to be making a necessary
adjustment in accordance with this section if--
``(1) the administrator makes adjustments excluding from
family income or assets any proceeds or losses from a sale of
farm or business assets of a family if such sale results from a
voluntary or involuntary foreclosure, forfeiture, or bankruptcy
or a voluntary or involuntary liquidation; or
``(2) the administrator makes adjustments for a condition of
disability of a student, or in the case of a dependent student,
the dependent student's parent or guardian, or in the case of an
independent student, the independent student's dependent or
spouse, so as to take into consideration the additional costs
incurred as a result of such disability.
``(e) Refusal or Adjustment of Loan Certifications.--On a case-by-
case basis, an eligible institution may refuse to use the authority
provided under this section, certify a statement that permits a student
to receive a loan under part D, certify a loan amount, or make a loan
that is less than the student's determination of need (as determined
under this part), if the reason for the action is documented and
provided in writing to the student. No eligible institution shall
discriminate against any borrower or applicant in obtaining a loan on
the basis of race, ethnicity, national origin, religion, sex, marital
status, age, or disability status.
``(f) Special Rule Regarding Professional Judgment During a
Disaster, Emergency, or Economic Downturn.--
``(1) In general.--For the purposes of making a professional
judgment under this section, financial aid administrators may,
during a qualifying emergency--
``(A) determine that the income earned from work for
an applicant is zero, if the applicant can provide paper
or electronic documentation of receipt of unemployment
[[Page 134 STAT. 3160]]
benefits or confirmation that an application for
unemployment benefits was submitted; and
``(B) make additional appropriate adjustments to the
income earned from work for a student, parent, or
spouse, as applicable, based on the totality of the
family's situation, including consideration of
unemployment benefits.
``(2) Documentation.--For the purposes of documenting
unemployment under paragraph (1), documentation shall be
accepted if such documentation is submitted not more than 90
days from the date on which such documentation was issued,
except if a financial aid administrator knows that the student,
parent, or spouse, as applicable, has already obtained other
employment.
``(3) Program reviews.--The Secretary shall make adjustments
to the model used to select institutions of higher education
participating under this title for program reviews in order to
account for any rise in the use of professional judgment under
this section during the award years applicable to the qualifying
emergency, as determined by the Secretary.
``(4) Qualifying emergency.--In this subsection, the term
`qualifying emergency' means--
``(A) an event for which the President declared a
major disaster or an emergency under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170 and 5191);
``(B) a national emergency related to the
coronavirus declared by the President under section 201
of the National Emergencies Act (50 U.S.C. 1601 et
seq.); or
``(C) a period of recession or economic downturn as
determined by the Secretary, in consultation with the
Secretary of Labor.''.
(j) Disregard of Student Aid in Other Programs.--Section 479B of the
Higher Education Act of 1965 (20 U.S.C. 1087uu) is amended to read as
follows:
``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.
``Notwithstanding any other provision of law, student financial
assistance received under this title, Bureau of Indian Education student
assistance programs, and employment and training programs under section
134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174 et.
seq.) shall not be taken into account in determining the need or
eligibility of any person for benefits or assistance, or the amount of
such benefits or assistance, under any Federal, State, or local program
financed in whole or in part with Federal funds.''.
(k) Native American Students.--Section 479C of the Higher Education
Act of 1965 (20 U.S.C. 1087uu-1) is amended to read as follows:
``SEC. 479C. NATIVE AMERICAN STUDENTS.
``(a) In General.--In determining the student aid index for Native
American students, computations performed pursuant to this part shall
exclude--
``(1) any income and assets of $2,000 or less per individual
payment received by the student (and spouse) and student's
parents under Public Law 98-64 (25 U.S.C. 117a et seq.; 97 Stat.
365) (commonly known as the `Per Capita Act') or the
[[Page 134 STAT. 3161]]
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1401 et seq.); and
``(2) any income received by the student (and spouse) and
student's parents under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement
Act of 1980 (25 U.S.C. 1721 et seq.).
``(b) Guidance.--The Secretary shall develop guidance, in
consultation with Tribal Colleges and Universities (as defined in
section 316) and the State higher education agency in Alaska and Maine,
to implement the determination under subsection (a) without adding
additional questions to the FAFSA, including through the use of the
authority under section 479A.''.
(l) Special Rules for Independent Students.--Part F of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) is further
amended--
(1) by inserting after section 479C the following:
``SEC. 479D. <<NOTE: 20 USC 1087uu-2.>> SPECIAL RULES FOR
INDEPENDENT STUDENTS.
``(a) Determination Process for Unaccompanied Homeless Youth.--In
making a determination of independence under section 480(d)(8), a
financial aid administrator shall comply with the following:
``(1) Consider documentation of the student's circumstance
to be adequate in the absence of documented conflicting
information, if such documentation is provided through a
documented phone call, written statement, or verifiable
electronic data match by--
``(A) a local educational agency homeless liaison,
designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii)) or a designee of the liaison;
``(B) the director of an emergency or transitional
shelter, street outreach program, homeless youth drop-in
center, or other program serving individuals who are
experiencing homelessness, or a designee of the
director;
``(C) the director of a project supported by a
Federal TRIO program or a Gaining Early Awareness and
Readiness for Undergraduate program grant under chapter
1 or 2 of subpart 2 of part A, or a designee of the
director; or
``(D) a financial aid administrator at another
institution who documented the student's circumstance in
a prior award year.
``(2) If a student is unable to provide documentation from
any individual described in paragraph (1), make a case-by-case
determination, which shall be--
``(A) based on a written statement from, or a
documented interview with, the student that confirms
that the student is an unaccompanied homeless youth, or
unaccompanied, at risk of homelessness, and self-
supporting; and
``(B) made without regard to the reasons that the
student is an unaccompanied homeless youth, or
unaccompanied, at risk of homelessness, and self-
supporting.
``(3) Consider a determination made under this subsection as
distinct from a determination of independence under section
480(d)(9).
[[Page 134 STAT. 3162]]
``(b) Documentation Process for Foster Care Youth.--If an
institution requires that a student provide documentation that the
student was in foster care when the student was age 13 or older, a
financial aid administrator shall consider any of the following as
adequate documentation, in the absence of documented conflicting
information:
``(1) Submission of a court order or official State
documentation that the student received Federal or State support
in foster care.
``(2) A documented phone call, written statement, or
verifiable electronic data match, which confirms the student was
in foster care at an applicable age, from--
``(A) a State, county, or tribal agency
administering a program under part B or E of title IV of
the Social Security Act (42 U.S.C. 621 et seq. and 670
et seq.);
``(B) a State Medicaid agency; or
``(C) a public or private foster care placing agency
or foster care facility or placement.
``(3) A documented phone call or a written statement from an
attorney, a guardian ad litem, or a Court Appointed Special
Advocate that confirms that the student was in foster care at an
applicable age and documents the person's relationship to the
student.
``(4) Verification of the student's eligibility for an
education and training voucher under the John H. Chafee Foster
Care Program under section 477 of the Social Security Act (42
U.S.C. 677).
``(5) A documented phone call or written statement from a
financial aid administrator who documented the student's
circumstance in a prior award year.
``(c) Timing.--A determination of independence under paragraph (2),
(8), or (9) of section 480(d) for a student--
``(1) shall be made as quickly as practicable;
``(2) may be made as early as the year before the award year
for which the student initially submits an application; and
``(3) <<NOTE: Deadline.>> shall be made not later than 60
days after the date of the student's enrollment during the award
year for which the student initially submits an application.
``(d) Use of Earlier Determinations.--
``(1) Earlier determination by the institution.--Any student
who is determined to be independent under paragraph (2), (8), or
(9) of section 480(d) for a preceding award year at an
institution shall be presumed to be independent for each
subsequent award year at the same institution unless--
``(A) the student informs the institution that
circumstances have changed; or
``(B) the institution has specific conflicting
information about the student's independence and has
informed the student of this information.
``(2) Earlier determination by another institution.--A
financial aid administrator may make a determination of
independence pursuant to section 479A(c), based upon a
documented determination of independence that was previously
made by another financial aid administrator under such paragraph
in the same award year.
[[Page 134 STAT. 3163]]
``(e) Retention of Documents.--A financial aid administrator shall
retain all documents related to any determination of independence,
including documented interviews, for at least the duration of the
student's enrollment and an additional period prescribed by the
Secretary to enable a student to utilize the documents for the purposes
of subsection (a)(1)(D), (b)(5), or (d) of this section.''; and
(2) by amending section 480 to read as follows:
``SEC. 480. DEFINITIONS.
``In this part:
``(a) Total Income.--The term `total income' means the amount equal
to adjusted gross income for the second preceding tax year plus untaxed
income and benefits for the second preceding tax year minus excludable
income for the second preceding tax year. The factors used to determine
total income shall be derived from the Federal income tax return, if
available, except for the applicant's ability to indicate a qualified
rollover in the second preceding tax year as outlined in section 483 or
foreign income described in subsection (b)(5).
``(b) Untaxed Income and Benefits.--The term `untaxed income and
benefits' means--
``(1) deductions and payments to self-employed SEP, SIMPLE,
Keogh, and other qualified individual retirement accounts
excluded from income for Federal tax purposes, except such term
shall not include payments made to tax-deferred pension and
retirement plans, paid directly or withheld from earnings, that
are not delineated on the Federal tax return;
``(2) tax-exempt interest income;
``(3) untaxed portion of individual retirement account
distributions;
``(4) untaxed portion of pensions; and
``(5) foreign income of permanent residents of the United
States or United States citizens exempt from Federal taxation,
or the foreign income for which such a permanent resident or
citizen receives a foreign tax credit.
``(c) Veterans and Veterans' Education Benefits.--(1) The term
`veteran' has the meaning given the term in section 101(2) of title 38,
United States Code, and includes individuals who served in the United
States Armed Forces as described in sections 101(21), 101(22), and
101(23) of title 38, United States Code.
``(2) The term `veterans' education benefits' means veterans'
benefits under the following provisions of law:
``(A) Chapter 103 of title 10, United States Code (Senior
Reserve Officers' Training Corps).
``(B) Chapter 106A of title 10, United States Code
(Educational Assistance for Persons Enlisting for Active Duty).
``(C) Chapter 1606 of title 10, United States Code (Selected
Reserve Educational Assistance Program).
``(D) Chapter 1607 of title 10, United States Code
(Educational Assistance Program for Reserve Component Members
Supporting Contingency Operations and Certain Other Operations).
``(E) Chapter 30 of title 38, United States Code (All-
Volunteer Force Educational Assistance Program, also known as
the `Montgomery GI Bill--active duty').
[[Page 134 STAT. 3164]]
``(F) Chapter 31 of title 38, United States Code (Training
and Rehabilitation for Veterans with Service-Connected
Disabilities).
``(G) Chapter 32 of title 38, United States Code (Post-
Vietnam Era Veterans' Educational Assistance Program).
``(H) Chapter 33 of title 38, United States Code (Post-9/11
Educational Assistance).
``(I) Chapter 35 of title 38, United States Code (Survivors'
and Dependents' Educational Assistance Program).
``(J) Section 903 of the Department of Defense Authorization
Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot
Program).
``(K) Section 156(b) of the `Joint Resolution making further
continuing appropriations and providing for productive
employment for the fiscal year 1983, and for other purposes' (42
U.S.C. 402 note) (Restored Entitlement Program for Survivors,
also known as `Quayle benefits').
``(L) The provisions of chapter 3 of title 37, United States
Code, related to subsistence allowances for members of the
Reserve Officers Training Corps.
``(d) Independent Students and Determinations.--The term
`independent', when used with respect to a student, means any individual
who--
``(1) is 24 years of age or older by December 31 of the
award year;
``(2) is, or was at any time when the individual was 13
years of age or older--
``(A) an orphan;
``(B) a ward of the court; or
``(C) in foster care;
``(3) is, or was immediately prior to attaining the age of
majority, an emancipated minor or in legal guardianship as
determined by a court of competent jurisdiction in the
individual's State of legal residence;
``(4) is a veteran of the Armed Forces of the United States
(as defined in subsection (c)) or is currently serving on active
duty in the Armed Forces for other than training purposes;
``(5) is a graduate or professional student;
``(6) is married and not separated;
``(7) has legal dependents other than a spouse;
``(8) is an unaccompanied homeless youth or is
unaccompanied, at risk of homelessness, and self-supporting,
without regard to such individual's age; and
``(9) is a student for whom a financial aid administrator
makes a documented determination of independence by reason of
other unusual circumstances pursuant to section 479A(c) in which
the student is unable to contact a parent or where contact with
parents poses a risk to such student, which includes
circumstances of--
``(A) human trafficking, as described in the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.);
``(B) legally granted refugee or asylum status;
``(C) parental abandonment or estrangement; or
``(D) student or parental incarceration.
``(e) <<NOTE: Definition.>> Excludable Income.--The term
`excludable income' means--
[[Page 134 STAT. 3165]]
``(1) an amount equal to the education credits described in
paragraphs (1) and (2) of section 25A(a) of the Internal Revenue
Code of 1986;
``(2) if an applicant elects to report it, college grant and
scholarship aid included in gross income on a Federal tax
return, including amounts attributable to grant and scholarship
portions of fellowships and assistantships and any national
service educational award or post-service benefit received by an
individual under title I of the National and Community Service
Act of 1990 (42 U.S.C. 12511 et seq.), including awards, living
allowances, and interest accrual payments; and
``(3) income earned from work under part C of this title.
``(f) Assets.--
``(1) <<NOTE: Definition.>> In general.--The term `assets'
means the amount in checking and savings accounts, time
deposits, money market funds, investments, trusts, stocks,
bonds, derivatives, securities, mutual funds, tax shelters,
qualified education benefits (except as provided in paragraph
(3)), the annual amount of child support received and the net
value of real estate, vacation homes, income producing property,
and business and farm assets, determined in accordance with
section 478(c).
``(2) Exclusions.--With respect to determinations of need
under this title, the term `assets' shall not include the net
value of the family's principal place of residence.
``(3) Consideration of qualified education benefit.--A
qualified education benefit shall be considered an asset of--
``(A) the student if the student is an independent
student; or
``(B) the parent if the student is a dependent
student and the account is designated for the student,
regardless of whether the owner of the account is the
student or the parent.
``(4) Definition of qualified education benefit.--In this
subsection, the term `qualified education benefit' means--
``(A) a qualified tuition program (as defined in
section 529(b)(1)(A) of the Internal Revenue Code of
1986) or other prepaid tuition plan offered by a State;
and
``(B) a Coverdell education savings account (as
defined in section 530(b)(1) of the Internal Revenue
Code of 1986).
``(g) Net Value.--The term `net value' means the market value at the
time of application of the assets (as defined in subsection (f)), minus
the outstanding liabilities or indebtedness against the assets.
``(h) Treatment of Income Taxes Paid to Other Jurisdictions.--
``(1) The tax on income paid to the Governments of the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
Islands, or the Commonwealth of the Northern Mariana Islands,
the Republic of the Marshall Islands, the Federated States of
Micronesia, or Palau under the laws applicable to those
jurisdictions, or the comparable tax paid to the central
government of a foreign country, shall be treated as Federal
income taxes.
``(2) References in this part to the Internal Revenue Code
of 1986, Federal income tax forms, and the Internal Revenue
Service shall, for purposes of the tax described in paragraph
(1), be treated as references to the corresponding laws, tax
[[Page 134 STAT. 3166]]
forms, and tax collection agencies of those jurisdictions,
respectively, subject to such adjustments as the Secretary may
provide by regulation.
``(i) Other Financial Assistance.--
``(1) For purposes of determining a student's eligibility
for funds under this title, other financial assistance not
received under this title shall include all scholarships,
grants, loans, or other assistance known to the institution at
the time the determination of the student's need is made,
including national service educational awards or post-service
benefits under title I of the National and Community Service Act
of 1990 (42 U.S.C. 12511 et seq.), but excluding veterans'
education benefits.
``(2) Notwithstanding paragraph (1), a tax credit taken
under section 25A of the Internal Revenue Code of 1986, or a
distribution that is not includable in gross income under
section 529 of such Code, under another prepaid tuition plan
offered by a State, or under a Coverdell education savings
account under section 530 of such Code, shall not be treated as
other financial assistance for purposes of section 471(a)(3).
``(3) Notwithstanding paragraph (1) and section 472,
assistance not received under this title may be excluded from
both other financial assistance and cost of attendance, if that
assistance is provided by a State and is designated by such
State to offset a specific component of the cost of attendance.
If that assistance is excluded from either other financial
assistance or cost of attendance, it shall be excluded from
both.
``(4) Notwithstanding paragraph (1), payments made and
services provided under part E of title IV of the Social
Security Act to or on behalf of any child or youth over whom the
State agency has responsibility for placement, care, or
supervision, including the value of vouchers for education and
training and amounts expended for room and board for youth who
are not in foster care but are receiving services under section
477 of such Act, shall not be treated as other financial
assistance for purposes of section 471(a)(3).
``(5) Notwithstanding paragraph (1), emergency financial
assistance provided to the student for unexpected expenses that
are a component of the student's cost of attendance, and not
otherwise considered when the determination of the student's
need is made, shall not be treated as other financial assistance
for purposes of section 471(a)(3).
``(j) <<NOTE: Definition.>> Dependents.--
``(1) Except as otherwise provided, the term `dependent of
the parent' means the student who is deemed to be a dependent
student when applying for aid under this title, and any other
person who lives with and receives more than one-half of their
support from the parent (or parents) and will continue to
receive more than half of their support from the parent (or
parents) during the award year.
``(2) Except as otherwise provided, the term `dependent of
the student' means the student's dependent children and other
persons (except the student's spouse) who live with and receive
more than one-half of their support from the student and will
continue to receive more than half of their support from the
student during the award year.
``(k) Family Size.--
[[Page 134 STAT. 3167]]
``(1) Dependent student.--Except as provided in paragraph
(3), in determining family size in the case of a dependent
student--
``(A) if the parents are not divorced or separated,
family members include the student's parents, and any
dependent (within the meaning of section 152 of the
Internal Revenue Code of 1986 or an eligible individual
for purposes of the credit under section 24 of the
Internal Revenue Code of 1986) of the student's parents
for the taxable year used in determining the amount of
need of the student for financial assistance under this
title;
``(B) if the parents are divorced or separated,
family members include the parent whose income is
included in computing available income and any dependent
(within the meaning of section 152 of the Internal
Revenue Code of 1986 or an eligible individual for
purposes of the credit under section 24 of the Internal
Revenue Code of 1986) of that parent for the taxable
year used in determining the amount of need of the
student for financial assistance under this title;
``(C) if the parents are divorced and the parents
whose income is so included are remarried, or if the
parent was a widow or widower who has remarried, family
members also include, in addition to those individuals
referred to in subparagraph (B), the new spouse and any
dependent (within the meaning of section 152 of the
Internal Revenue Code of 1986 or an eligible individual
for purposes of the credit under section 24 of the
Internal Revenue Code of 1986) of the new spouse for the
taxable year used in determining the amount of need of
the student for financial assistance under this title,
if that spouse's income is included in determining the
parent's adjusted available income; and
``(D) if the student is not considered as a
dependent (within the meaning of section 152 of the
Internal Revenue Code of 1986 or an eligible individual
for purposes of the credit under section 24 of the
Internal Revenue Code of 1986) of any parent, the
parents' family size shall include the student and the
family members applicable to the parents' situation
under subparagraph (A), (B), or (C).
``(2) Independent student.--Except as provided in paragraph
(3), in determining family size in the case of an independent
student--
``(A) family members include the student, the
student's spouse, and any dependent (within the meaning
of section 152 of the Internal Revenue Code of 1986 or
an eligible individual for purposes of the credit under
section 24 of the Internal Revenue Code of 1986) of that
student for the taxable year used in determining the
amount of need of the student for financial assistance
under this title; and
``(B) if the student is divorced or separated,
family members do not include the spouse (or ex-spouse),
but do include the student and any dependent (within the
meaning of section 152 of the Internal Revenue Code of
1986 or an eligible individual for purposes of the
credit under section 24 of the Internal Revenue Code of
1986)
[[Page 134 STAT. 3168]]
of that student for the taxable year used in determining
the amount of need of the student for financial
assistance under this title.
``(3) Procedures and modification.--The Secretary shall
provide procedures for determining family size in cases in which
information for the taxable year used in determining the amount
of need of the student for financial assistance under this title
has changed or does not accurately reflect the applicant's
current household size, including when a divorce settlement only
allows a parent to file for the Earned Income Tax Credit
available under section 32 of the Internal Revenue Code of 1986.
``(l) Business Assets.--The term `business assets' means property
that is used in the operation of a trade or business, including real
estate, inventories, buildings, machinery, and other equipment, patents,
franchise rights, and copyrights.
``(m) Homeless Youth.--The term `homeless youth' has the meaning
given the term `homeless children and youths' in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
``(n) Unaccompanied.--The terms `unaccompanied', `unaccompanied
youth', or `unaccompanied homeless youth' have the meaning given the
term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).''.
(m) FAFSA.--
(1) In general.--Section 483 of the Higher Education Act of
1965 (20 U.S.C. 1090) is amended to read as follows:
``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.
``(a) Simplified Application for Federal Student Financial Aid.--
``(1) In general.--Each individual seeking to apply for
Federal financial aid under this title for award year 2023-2024
and any subsequent award year shall file a free application with
the Secretary, known as the `Free Application for Federal
Student Aid', to determine eligibility for such aid, as
described in paragraph (2), and in accordance with section 479.
``(2) Free application.--
``(A) In general.--The Secretary shall make
available, for the purposes of paragraph (1), a free
application to determine the eligibility of a student
for Federal financial aid under this title.
``(B) Information required by the applicant.--
``(i) In general.--The applicant, and, if
necessary, the parents or spouse of the applicant,
shall provide the Secretary with the applicable
information described in clause (ii) in order to
be eligible for Federal financial aid under this
title.
``(ii) Information to be provided.--The
information described in this clause is the
following:
``(I) Name.
``(II) Contact information,
including address, phone number, email
address, or other electronic address.
``(III) Social security number.
``(IV) Date of birth.
[[Page 134 STAT. 3169]]
``(V) Marital status.
``(VI) Citizenship status, including
alien registration number, if
applicable.
``(VII) Sex.
``(VIII) Race or ethnicity, using
categories developed in consultation
with the Bureau of the Census and the
Director of the Institute of Education
Sciences that, to the greatest extent
practicable, separately capture the
racial groups specified in the American
Community Survey of the Bureau of the
Census.
``(IX) State of legal residence and
date of residency.
``(X) The following information on
secondary school completion:
``(aa) Name and location of
the high school from which the
applicant received, or will
receive prior to the period of
enrollment for which aid is
sought, a regular high school
diploma;
``(bb) name and location of
the entity from which the
applicant received, or will
receive prior to the period of
enrollment for which aid is
sought, a recognized equivalent
of a regular high school
diploma; or
``(cc) if the applicant
completed or will complete prior
to the period of enrollment for
which aid is sought, a secondary
school education in a home
school setting that is treated
as a home school or private
school under State law.
``(XI) Name of each institution
where the applicant intends to apply for
enrollment or continue enrollment.
``(XII) Year in school for period of
enrollment for which aid is sought,
including whether applicant will have
finished first bachelor's degree prior
to the period of enrollment for which
aid is sought.
``(XIII) Whether one or both of the
applicant's parents attended college.
``(XIV) Any required asset
information, unless exempt under section
479, in which the applicant shall
indicate--
``(aa) the annual amount of
child support received, if
applicable; and
``(bb) all required asset
information not described in
item (aa).
``(XV) The number of members of the
applicant's family who will also be
enrolled in an eligible institution of
higher education on at least a half-time
basis during the same enrollment period
as the applicant.
``(XVI) If the applicant meets any
of the following designations:
[[Page 134 STAT. 3170]]
``(aa) Is an unaccompanied
homeless youth, or is
unaccompanied, at risk of
homelessness, and self-
supporting.
``(bb) Is an emancipated
minor.
``(cc) Is in legal
guardianship.
``(dd) Has been a dependent
ward of the court at any time
since the applicant turned 13.
``(ee) Has been in foster
care at any time since the
applicant turned 13.
``(ff) Both parents have
died since the applicant turned
13.
``(gg) Is a veteran of the
Armed Forces of the United
States or is serving (on the
date of the application) on
active duty in the Armed Forces
for other than training
purposes.
``(hh) Is under the age of
24 and has a dependent child or
relative.
``(ii) Does not have access
to parental information due to
an unusual circumstance
described in section 480(d)(9).
``(XVII) If the applicant receives
or has received any of the following
means-tested Federal benefits within the
last two years:
``(aa) The supplemental
security income program under
title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.).
``(bb) The supplemental
nutrition assistance program
under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.),
a nutrition assistance program
carried out under section 19 of
such Act (7 U.S.C. 2028), or a
supplemental nutrition
assistance program carried out
under section 3(c) of the Act
entitled `An Act to authorize
appropriations for certain
insular areas of the United
States, and for other purposes'
(Public Law 95-348).
``(cc) The free and reduced
price school lunch program
established under the Richard B.
Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).
``(dd) The program of block
grants for States for temporary
assistance for needy families
established under part A of
title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
``(ee) The special
supplemental nutrition program
for women, infants, and children
established by section 17 of the
Child Nutrition Act of 1966 (42
U.S.C. 1786).
``(ff) The Medicaid program
under title XIX of the Social
Security Act (42 U.S.C. 1396 et
seq.).
``(gg) Federal housing
assistance programs, including
tenant-based assistance under
section 8(o) of the United
States
[[Page 134 STAT. 3171]]
Housing Act of 1937 (42 U.S.C.
1437f(o)), and public housing,
as defined in section 3(b)(1) of
such Act (42 U.S.C.
1437a(b)(1)).
``(hh) Refundable credit for
coverage under a qualified
health plan under section 36B of
the Internal Revenue Code of
1986.
``(ii) The Earned Income Tax
Credit under section 32 of the
Internal Revenue Code of 1986.
``(jj) Any other means-
tested program determined by the
Secretary to be appropriate.
``(XVIII) If the applicant, or, if
necessary, the parents or spouse of the
applicant, reported receiving tax exempt
payments from an individual retirement
plan (as defined in section 7701 of the
Internal Revenue Code of 1986)
distribution or from pensions or
annuities on a Federal tax return,
information as to how much of the
individual retirement plan distribution
or pension or annuity disbursement was a
qualified rollover.
``(XIX) If the applicant, or, if
necessary, the parents or spouse of the
applicant, reported receiving foreign
income that is exempt from Federal
taxation or for which a permanent
resident of the United States or United
States citizen receives a foreign tax
credit, information regarding the amount
of such foreign income.
``(XX) If the applicant, or, if
applicable, the parents or spouse of the
applicant, elects to report receiving
college grant and scholarship aid
included in gross income on a Federal
tax return described in section
480(e)(2), information regarding the
amount of such aid
``(iii) Prohibition against requesting
information more than once.--Any information
requested during the process of creating an
account for completing the free application under
this subsection, shall, to the fullest extent
possible, not be required a second time for the
same award year, or in a duplicative manner, when
completing such free application except in the
case of an unusual situation, such as a temporary
inability to access an account for completing such
free application.
``(iv) Change in family size.--The Secretary
shall provide a process by which an applicant
shall confirm the accuracy of family size or
update the family size with respect to such
applicant for purposes of determining the need of
such applicant for financial assistance under this
title based on a change in family size from the
tax year data used for such determination.
``(v) Single question for homeless status.--
The Secretary shall ensure that--
``(I) on the form developed under
this section for which the information
is applicable, there is a single, easily
understood screening question to
identify an applicant who is an
unaccompanied
[[Page 134 STAT. 3172]]
homeless youth or is unaccompanied, at
risk of homelessness, and self-
supporting; and
``(II) such question is distinct
from those relating to an individual who
does not have access to parental income
due to an unusual circumstance.
``(vi) <<NOTE: Disclosure.>> Adjustments.--
The Secretary shall disclose on the FAFSA that the
student may, on a case-by-case basis, qualify for
an adjustment under section 479A to the cost of
attendance or the values of the data items
required to calculate the student's eligibility
for a Federal Pell Grant or the student aid index
for the student or parent.
``(C) Notification and approval of request for tax
return information.--The Secretary shall notify students
and borrowers who wish to submit an application for
Federal student financial aid under this title (as well
as parents and spouses who must sign such an application
or request or a Master Promissory Note on behalf of
those students and borrowers) of the authority of the
Secretary to require that such persons affirmatively
approve that the Internal Revenue Service disclose their
tax return information as described in section 494.
``(D) Authorizations available to the applicant.--
``(i) Authorization to disclose fafsa
information, including a redisclosure of tax
return information, to institution, state higher
education agency, and designated scholarship
organizations.--An applicant and, if necessary,
the parents or spouse of the applicant shall
provide the Secretary with authorization to
disclose to an institution, State higher education
agency, and scholarship organizations (designated
(prior to the date of enactment of the FUTURE Act
(Public Law 116-91)) by the Secretary under
section 483(a)(3)(E)) as in effect on such date of
enactment, as specified by the applicant and in
accordance with section 494, in order for the
applicant's eligibility for Federal financial aid
programs, State financial aid programs,
institutional financial aid programs, and
scholarship programs at scholarship organizations
(designated (prior to the date of enactment of the
FUTURE Act (Public Law 116-91)) by the Secretary
under section 483(a)(3)(E)) as in effect on such
date of enactment, to be determined, the
following:
``(I) Information described under
section 6103(l)(13) of the Internal
Revenue Code of 1986.
``(II) All information provided by
the applicant on the application
described by this subsection to
determine the applicant's eligibility
for Federal financial aid under this
title and for the application, award,
and administration of such Federal
financial aid, except the name of an
institution to which an applicant
selects to redisclose information shall
not be disclosed to any other
institution.
``(ii) Authorization to disclose to benefits
programs.--An applicant and, if necessary, the
parents
[[Page 134 STAT. 3173]]
or spouse of the applicant may provide the
Secretary with authorization to disclose to
applicable agencies that handle applications for
means-tested Federal benefit programs, as defined
in section 479(b)(4)(H), all information provided
by the applicant on the application described by
this subsection as well as such applicant's
student aid index and scheduled Federal Pell Grant
award to assist in identification, outreach and
application efforts for the application, award,
and administration of such means-tested Federal
benefits programs, except such information shall
not include Federal tax information as specified
in section 6103(l)(13)(C) of the Internal Revenue
Code of 1986.
``(E) Action by the secretary.--Upon receiving--
``(i) an application under this section, the
Secretary shall, as soon as practicable, perform
the necessary functions with the Commissioner of
Internal Revenue to calculate the applicant's
student aid index and scheduled award for a
Federal Pell Grant, if applicable, assuming full-
time enrollment for an academic year, and note to
the applicant the assumptions relationship to the
scheduled award; and
``(ii) an authorization under subparagraph
(D), the Secretary shall, as soon as practicable,
disclose the information described under such
subparagraph, as specified by the applicant, in
order for the applicant's eligibility for Federal,
State, or institutional student financial aid
programs or means-tested Federal benefit programs
to be estimated or determined.
``(F) Work study wages.--With respect to an
applicant who has received income earned from work under
part C of this title, the Secretary shall take the steps
necessary to collect information on the amount of such
income for the purposes of calculating such applicant's
student aid index and scheduled award for a Federal Pell
Grant, if applicable, without adding additional
questions to the FAFSA, including by collecting such
information from institutions of higher education
participating in work-study programs under part C of
this title.
``(3) Information to be supplied by the secretary of
education.--
``(A) In general.--Upon receiving and timely
processing a free application that contains the
information described in paragraph (2), the Secretary
shall provide to the applicant the following information
based on full-time attendance for an academic year:
``(i) The estimated dollar amount of a Federal
Pell Grant scheduled award for which the applicant
is eligible for such award year.
``(ii) Information on other types of Federal
financial aid for which the applicant may be
eligible (including situations in which the
applicant could qualify for 150 percent of a
scheduled Federal Pell Grant award and loans made
under this title) and how the applicant can find
additional information regarding such aid.
``(iii) Consumer-tested information regarding
each institution selected by the applicant in
accordance with
[[Page 134 STAT. 3174]]
paragraph (2)(B)(ii)(XI), which may include the
following:
``(I) The following information, as
collected through the Integrated
Postsecondary Education Data System or a
successor Federal data system as
designated by the Secretary:
``(aa) Net price by the
income categories, as described
under section 132(i)(6), and
disaggregated by undergraduate
and graduate programs, as
applicable.
``(bb) Graduation rate.
``(cc) Retention rate.
``(dd) Transfer rate, if
available.
``(II) Median debt of students upon
completion.
``(III) Institutional default rate,
as calculated under section 435.
``(iv) If the student is eligible for a
student aid index of less than or equal to zero
under section 473, a notification of the Federal
means-tested benefits that they have not already
indicated they receive, but for which they may be
eligible, and relevant links and information on
how to apply for such benefits.
``(v) Information on education tax benefits
described in paragraphs (1) and (2) of section
25A(a) of the Internal Revenue Code of 1986 or
other applicable education tax benefits determined
in consultation with the Secretary of the
Treasury.
``(vi) If the individual identified as a
veteran, or as serving (on the date of the
application) on active duty in the Armed Forces
for other than training purposes, information on
benefits administered by the Department of Veteran
Affairs or Department of Defense, respectively.
``(vii) If applicable, the applicant's current
outstanding balance of loans under this title.
``(B) Information provided to the state.--
``(i) In general.--The Secretary shall
redisclose, with authorization from the applicant
in accordance with paragraph (2)(D)(i), to a State
higher education agency administering State-based
financial aid and serving the applicant's State of
residence, the information described under section
6103(l)(13) of the Internal Revenue Code of 1986
and information described in paragraph (2)(B) for
the application, award, and administration of
grants and other student financial aid provided
directly from the State to be determined by such
State. Such information shall include the list of
institutions provided by the applicant on the
application.
``(ii) Use of information.--A State agency
administering State-based financial aid--
``(I) shall use the information
provided under clause (i) solely for the
application, award, and administration
of State-based financial aid for which
the applicant is eligible;
``(II) may use the information,
except for the information described
under section 6103(l)(13) of
[[Page 134 STAT. 3175]]
the Internal Revenue Code of 1986, for
State agency research that does not
release any individually identifiable
information on any applicant to promote
college attendance, persistence, and
completion;
``(III) may use identifying
information provided by student
applicants on the FAFSA to determine
whether or not a graduating secondary
student has filed the application in
coordination with local educational
agencies or secondary schools to
encourage students to complete the
application; and
``(IV) may share the application
information, excluding the information
described under section 6103(l)(13) of
the Internal Revenue Code of 1986, with
any other entity, only if such applicant
provides explicit written consent of the
applicant, except as provided in
subclause (III).
``(iii) Limitation on consent process.--A
State may provide a consent process whereby an
applicant may elect to share the information
described in clause (i), except for the
information described in section 6103(l)(13) of
the Internal Revenue Code of 1986, through
explicit written consent to Federal, State, or
local government agencies or tribal organizations
to assist such applicant in applying for and
receiving Federal, State, or local government
assistance, or tribal assistance for any component
of the applicant's cost of attendance that may
include financial assistance or non-monetary
assistance.
``(iv) Prohibition.--Any entity that receives
applicant information under clause (iii) shall not
sell, share, or otherwise use applicant
information other than for the purposes outlined
in clause (iii).
``(C) Use of information provided to the
institution.--An institution--
``(i) shall use the information provided to it
solely for the application, award, and
administration of financial aid to the applicant;
``(ii) may use the information provided,
excluding the information described under section
6013(l)(13) of the Internal Revenue Code of 1986,
for research that does not release any
individually identifiable information on any
applicant, to promote college attendance,
persistence, and completion; and
``(iii) shall not share such educational
record information with any other entity without
the explicit written consent of the applicant.
``(D) Prohibition.--Any entity that receives
applicant information under subparagraph (C)(iii) shall
not sell, share, or otherwise use applicant information
other than for the purposes outlined in subparagraph
(C).
``(E) Fafsa information that includes tax return
information.--An applicant's FAFSA information that
includes return or return information as described in
section 6103(l)(13) of the Internal Revenue Code of 1986
may be disclosed or redisclosed (which shall include
obtaining,
[[Page 134 STAT. 3176]]
sharing, or discussing such information) only in
accordance with the procedures described in section 494.
``(4) Development of form and information exchange.--Prior
to the design of the free application under this subsection, the
Secretary shall, to the maximum extent practicable, on an annual
basis--
``(A) <<NOTE: Consultation.>> consult with
stakeholders to gather information about innovations and
technology available to--
``(i) ensure an efficient and effective
process;
``(ii) mitigate unintended consequences; and
``(iii) determine the best practices for
outreach to students and families during the
transition to the streamlined process for the
determination of Federal financial aid and Federal
Pell Grant eligibility while reducing the data
burden on applicants and families; and
``(B) solicit public comments for the format of the
free application that provides for adequate time to
incorporate feedback prior to development of the
application for the succeeding award year.
``(5) No additional information requests permitted.--In
carrying out this subsection, the Secretary may not require
additional information to be submitted by an applicant (or the
parents or spouse of an applicant) for Federal financial aid
through other requirements or reporting, except as required
under a process or procedure exercised in accordance with the
authority under section 479A.
``(6) State-run programs.--
``(A) In general.--The Secretary shall conduct
outreach to States in order to research the benefits to
students of States relying solely on the student aid
index, scheduled Pell Grant Award, or the financial data
made available, upon authorization by the applicant, as
a result of an application for aid under this subsection
for determining the eligibility of the applicant for
State provided financial aid.
``(B) <<NOTE: Data. Lists.>> Secretarial review.--
If a State determines that there is a need for
additional data elements beyond those provided pursuant
to this subsection for determining the eligibility of an
applicant for State provided financial aid, the State
shall forward a list of those additional data elements
determined necessary, but not provided by virtue of the
application under this subsection, to the Secretary.
The <<NOTE: Public information. Web postings.>>
Secretary shall make readily available to the public
through the Department's websites and other means--
``(i) a list of States that do not require
additional financial information separate from the
Free Application for Federal Student Aid and do
not require asset information from students who
qualify for the exemption from asset reporting
under section 479 for the purposes of awarding
State scholarships and grant aid;
``(ii) a list of States that require asset
information from students who qualify for the
exemption from asset reporting under section 479
for the purposes of awarding State scholarships
and grant aid;
``(iii) a list of States that have indicated
that they require additional financial information
separate from
[[Page 134 STAT. 3177]]
the Free Application for Federal Student Aid for
purposes of awarding State scholarships and grant
aid; and
``(iv) with the publication of the lists under
this subparagraph, information about additional
resources available to applicants, including links
to such State websites.
``(7) Institution-run financial aid.--
``(A) In general.--The Secretary shall conduct
outreach to institutions of higher education to describe
the benefits to students of relying solely on the
student aid index, scheduled Pell Grant Award, or the
financial data made available, upon authorization for
release by the applicant, as a result of an application
for aid under this subsection for determining the
eligibility of the applicant for institutional financial
aid. <<NOTE: Public information. Web postings. Lists.>>
The Secretary shall make readily available to the public
through its websites and other means--
``(i) a list of institutions that do not
require additional financial information separate
from the Free Application for Federal Student Aid
and do not require asset information from students
who qualify for the exemption from asset reporting
under section 479 for the purpose of awarding
institution-run financial aid;
``(ii) a list of institutions that require
asset information from students who qualify for
the exemption from asset reporting under section
479 for the purpose of awarding institution-run
financial aid;
``(iii) a list of institutions that require
additional financial information separate from the
Free Application for Federal Student Aid for the
purpose of awarding institution-run financial aid;
and
``(iv) with the publication of the list in
clause (iii), information about additional
resources available to applicants.
``(8) <<NOTE: Consultation.>> Security of data.--The
Secretary shall, in consultation with the Secretary of the
Treasury--
``(A) take all necessary steps to safeguard the data
required to be transmitted for the purpose of this
section between Federal agencies and to States and
institutions of higher education and secure the
transmittal of such data;
``(B) provide guidance to States and institutions of
higher education regarding their obligation to ensure
the security of the data provided under this section and
section 6103 of the Internal Revenue Code of 1986; and
``(C) provide guidance on the implementation of
section 6103 of the Internal Revenue Code of 1986,
including how it intersects with the provisions of
section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and
Privacy Act of 1974'), and any additional consent
processes that may be available to applicants in
accordance with the Internal Revenue Code of 1986
regarding sharing of Federal tax information.
``(9) Report to congress.--
``(A) In general.--Not later than 1 year after the
date of enactment of the FAFSA Simplification Act, the
[[Page 134 STAT. 3178]]
Secretary shall report to the authorizing committees on
the progress of the Secretary in carrying out this
subsection, including planning and stakeholder
consultation. Such report shall include--
``(i) benchmarks for implementation;
``(ii) entities and organizations that the
Secretary consulted;
``(iii) system requirements for such
implementation and how they will be addressed;
``(iv) any areas of concern and potential
problem issues uncovered that may hamper such
implementation; and
``(v) solutions determined to address such
issues.
``(B) Updates.--The Secretary shall provide updates
to the authorizing committees--
``(i) as to the progress and planning
described in subparagraph (A) prior to
implementation of the revisions to the Free
Application for Federal Student Aid under this
subsection not less often than quarterly; and
``(ii) at least 6 months and 1 year after
implementation of the revisions to the Free
Application for Federal Student Aid.
``(b) Adjustments and Improvements.--
``(1) <<NOTE: Disclosure.>> In general.--The Secretary
shall disclose in a consumer-tested format, upon completion of
the Free Application for Federal Student Aid under this section,
that the student may, on a case-by-case basis, qualify for an
adjustment under section 479A to the cost of attendance or the
values of the data items required to calculate the Federal Pell
Grant or the need analysis for the student or parent. Such
disclosure shall specify--
``(A) examples of the special circumstances under
which a student or family member may qualify for such
adjustment or determination of independence; and
``(B) additional information regarding the steps a
student or family member may take in order to seek an
adjustment under section 479A.
``(2) Consumer testing.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 9 months after the date of enactment of the FAFSA
Simplification Act, the Secretary shall begin consumer
testing the design of the Free Application for Federal
Student Aid under this section with prospective first-
generation college students, representatives of students
(including low-income students, English learners, first-
generation college students, adult students, veterans,
servicemembers, and prospective students), students'
families (including low-income families, families with
English learners, families with first-generation college
students, and families with prospective students),
institutions of higher education, secondary school and
postsecondary counselors, and nonprofit consumer groups.
``(B) Updates.--For award year 2023-2024 and at
least each fourth succeeding award year thereafter, the
Secretary shall update the design of the Free
Application for Federal Student Aid based on additional
consumer testing with
[[Page 134 STAT. 3179]]
the populations described in subparagraph (A) in order
to improve the usability and accessibility of the
application.
``(3) Accessibility of the fafsa.--The Secretary shall--
``(A) in conjunction with the Bureau of the Census,
determine the most common languages spoken by English
learner students and their parents in the United States;
``(B) develop and make publicly available versions
of the Free Application for Federal Student Aid form in
not fewer than 11 of the most common languages
determined under subparagraph (A) and make such versions
available and accessible to applicants in paper and
electronic formats; and
``(C) ensure that the Free Application for Federal
Student Aid is available in formats accessible to
individuals with disabilities and compliant with the
most recent Web Content Accessibility Guidelines, or
successor guidelines.
``(4) Reapplication in a succeeding academic year.--In order
to streamline an applicant's experience in applying for
financial aid, the Secretary shall allow an applicant who
electronically applies for financial assistance under this title
for an academic year subsequent to an academic year for which
such applicant applied for financial assistance under this title
to automatically electronically import all of the applicant's
(including parents', guardians', or spouses', as applicable)
identifying, demographic, and school data from the previous
application and to update such information to reflect any
circumstances that have changed.
``(5) Technology accessibility.--The Secretary shall make
the application under this section available through prevalent
technology. Such technology shall, at a minimum, enable
applicants to--
``(A) <<NOTE: Data.>> save data; and
``(B) submit the application under this title to the
Secretary through such technology.
``(6) Verification burden.--The Secretary shall--
``(A) to the maximum extent practicable, streamline
and simplify the process of verification for applicants
for Federal financial aid;
``(B) in establishing policies and procedures to
verify applicants' eligibility for Federal financial
aid, consider--
``(i) the burden placed on low-income
applicants;
``(ii) the risk to low-income applicants of
failing to complete the application, enroll in
college, or complete a postsecondary credential as
a result of being selected for verification;
``(iii) the effectiveness of the policies and
procedures in preventing overpayments; and
``(iv) the reasons for the source of any
improper payments; and
``(C) <<NOTE: Reports.>> issue a public report not
less often than annually that includes the number and
percentage of applicants subject to verification,
whether the applicants ultimately received Federal
financial aid disbursements, the extent to which the
student aid index changed for such applicants as a
result of verification, and the extent to which such
applicants' eligibility for Federal financial aid under
this title changed.
[[Page 134 STAT. 3180]]
``(7) Studies.--The Secretary shall periodically conduct
studies on--
``(A) whether the Free Application for Federal
Student Aid is a barrier to college enrollment by
examining--
``(i) the effect of States requiring
additional information specified in clauses (ii)
and (iii) of subsection (a)(6)(B) on the
determination of State financial aid awards,
including--
``(I) how much financial aid awards
would change if the additional
information were not required; and
``(II) the number of students who
started but did not finish the Free
Application for Federal Student Aid,
compared to the baseline year of 2021;
and
``(ii) the number of students who--
``(I) started a Free Application for
Federal Student Aid but did not receive
financial assistance under this title
for the applicable academic year; and
``(II) if available, did not enroll
in an institution of higher education in
the applicable academic year;
``(B) the most common barriers faced by applicants
in completing the Free Application for Federal Student
Aid; and
``(C) the most common reasons that students and
families do not fill out the Free Applications for
Federal Student Aid.
``(c) Data and Information.--
``(1) In general.--The Secretary shall publish data in a
publicly accessible manner--
``(A) annually on the total number of Free
Applications for Federal Student Aid submitted by
application cycle, disaggregated by demographic
characteristics, type of institution or institutions of
higher education to which the applicant applied, the
applicant's State of legal residence, and high school
and public school district;
``(B) quarterly on the total number of Free
Applications for Federal Student Aid submitted by
application cycle, disaggregated by type of institution
or institutions of higher education to which the
applicant applied, the applicant's State of legal
residence, and high school and public school district;
``(C) weekly on the total number of Free
Applications for Federal Student Aid submitted,
disaggregated by high school and public school district;
and
``(D) annually on the number of individuals who
apply for federal financial aid pursuant to this section
who indicated that they are--
``(i) an unaccompanied homeless youth or
unaccompanied, at risk of homelessness, and self-
supporting; or
``(ii) a foster care youth.
``(2) Contents.--The data described in paragraph (1)(D) with
respect to homeless youth shall include, at a minimum, for each
application cycle--
[[Page 134 STAT. 3181]]
``(A) the total number of all applicants who were
determined to be individuals described in section
480(d)(8); and
``(B) the number of applicants described in
subparagraph (A), disaggregated--
``(i) by State; and
``(ii) by the sources of determination as
described in section 479D(b).
``(3) Data sharing.--The Secretary may enter into data
sharing agreements with the appropriate Federal or State
agencies to conduct outreach regarding, and connect applicants
directly with, the means-tested Federal benefit programs
described in subsection (a)(2)(B)(ii)(XVII) for which the
applicants may be eligible.
``(d) Ensuring Form Usability.--
``(1) Signature.--Notwithstanding any other provision of
this title, the Secretary may permit the Free Application for
Federal Student Aid to be submitted without a signature, if a
signature is subsequently submitted by the applicant, or if the
applicant uses an access device provided by the Secretary.
``(2) Free preparation authorized.--Notwithstanding any
other provision of this title, an applicant may use a preparer
for consultative or preparation services for the completion of
the Free Application for Federal Student Aid without charging a
fee to the applicant if the preparer--
``(A) includes, at the time the application is
submitted to the Department, the name, address or
employer's address, social security number or employer
identification number, and organizational affiliation of
the preparer on the applicant's form;
``(B) is subject to the same penalties as an
applicant for purposely giving false or misleading
information in the application;
``(C) clearly informs each individual upon initial
contact, that the Free Application for Federal Student
Aid is a free form that may be completed without
professional assistance; and
``(D) does not produce, use, or disseminate any
other form for the purpose of applying for Federal
financial aid other than the Free Application for
Federal Student Aid developed by the Secretary under
this section.
``(3) Charges to students and parents for use of forms
prohibited.--The need for and eligibility of a student for
financial assistance under this title may be determined only by
using the Free Application for Federal Student Aid developed by
the Secretary under this section. Such application shall be
produced, distributed, and processed by the Secretary, and no
parent or student shall be charged a fee by the Secretary, a
contractor, a third-party servicer or private software provider,
or any other public or private entity for the collection,
processing, or delivery of Federal financial aid through the use
of such application. No data collected on a form for which a fee
is charged shall be used to complete the Free Application for
Federal Student Aid prescribed under this section, except that a
Federal or State income tax form prepared by a paid income tax
preparer or preparer service for the primary purpose of filing a
Federal or State income tax return may be used
[[Page 134 STAT. 3182]]
to complete the Free Application for Federal Student Aid
prescribed under this section.
``(4) <<NOTE: Deadline. Time period.>> Application
processing cycle.--The Secretary shall enable applicants to
submit a Free Application for Federal Student Aid developed
under this section and initiate the processing of such
application, not later than January 1 of the applicant's planned
year of enrollment, to the maximum extent practicable, on or
around October 1 prior to the applicant's planned year of
enrollment.
``(5) Early estimates.--The Secretary shall maintain an
electronic method for applicants to enter income and family size
information to calculate a non-binding estimate of the
applicant's Federal financial aid available under this title and
shall place such calculator on a prominent location at the
beginning of the Free Application for Federal Student Aid.
``(6) Additional forms.--Notwithstanding any other provision
of this title, an institution may not condition the packaging or
receipt of Federal financial aid on the completion of additional
requests for financial information beyond the Free Application
for Federal Student Aid, unless such information is required for
verification, a determination of independence, or professional
judgement.''.
(2) <<NOTE: 20 USC 1090 note.>> Reports.--Notwithstanding
section 701(b) of this title, the Secretary of Education shall
have the authority to issue reports and begin consumer testing
prior to July 1, 2023, as provided in the amendment made by
paragraph (1).
(n) Student Eligibility.--
(1) Amendments.--
(A) In general.--Section 484 of the Higher Education
Act of 1965 (20 U.S.C. 1091) is amended--
(i) by striking subsections (n) and (r);
(ii) by redesignating subsections (o), (p),
(s), and (t), as subsections (n), (o), (q), and
(r), respectively;
(iii) by inserting between subsections (o) and
(q), as redesignated under clause (i), the
following:
``(p) <<NOTE: Cooperation.>> Use of Income Data With IRS.--The
Secretary, in cooperation with the Secretary of the Treasury, shall
fulfill the data transfer requirements under section 6103(l)(13) of the
Internal Revenue Code of 1986 and the procedure and requirements
outlined in section 494.''; and
(iv) by adding at the end the following:
``(s) Exception to Required Registration With the Selective Service
System.--Notwithstanding section 12(f) of the Military Selective Service
Act (50 U.S.C. 3811(f)), an individual shall not be ineligible for
assistance or a benefit provided under this title if the individual is
required under section 3 of such Act (50 U.S.C. 3802) to present himself
for and submit to registration under such section and fails to do so in
accordance with any proclamation issued under such section, or in
accordance with any rule or regulation issued under such section.
``(t) Confined or Incarcerated Individuals.--
``(1) Definitions.--In this subsection:
``(A) Confined or incarcerated individual.--The term
`confined or incarcerated individual'--
``(i) means an individual who is serving a
criminal sentence in a Federal, State, or local
penal institution,
[[Page 134 STAT. 3183]]
prison, jail, reformatory, work farm, or other
similar correctional institution; and
``(ii) does not include an individual who is
in a halfway house or home detention or is
sentenced to serve only weekends.
``(B) Prison education program.--The term `prison
education program' means an education or training
program that--
``(i) is an eligible program under this title
offered by an institution of higher education (as
defined in section 101 or 102(a)(1)(B));
``(ii) is offered by an institution that has
been approved to operate in a correctional
facility by the appropriate State department of
corrections or other entity that is responsible
for overseeing correctional facilities, or by the
Bureau of Prisons;
``(iii) has been determined by the appropriate
State department of corrections or other entity
that is responsible for overseeing correctional
facilities, or by the Bureau of Prisons, to be
operating in the best interest of students, the
determination of which shall be made by the State
department of corrections or other entity or by
the Bureau of Prisons, respectively, and may be
based on--
``(I) rates of confined or
incarcerated individuals continuing
their education post-release;
``(II) job placement rates for such
individuals;
``(III) earnings for such
individuals;
``(IV) rates of recidivism for such
individuals;
``(V) the experience, credentials,
and rates of turnover or departure of
instructors;
``(VI) the transferability of
credits for courses available to
confined or incarcerated individuals and
the applicability of such credits toward
related degree or certificate programs;
or
``(VII) offering relevant academic
and career advising services to
participating confined or incarcerated
individuals while they are confined or
incarcerated, in advance of reentry, and
upon release;
``(iv) offers transferability of credits to at
least 1 institution of higher education (as
defined in section 101 or 102(a)(1)(B)) in the
State in which the correctional facility is
located, or, in the case of a Federal correctional
facility, in the State in which most of the
individuals confined or incarcerated in such
facility will reside upon release;
``(v) is offered by an institution that has
not been subject, during the 5 years preceding the
date of the determination, to--
``(I) any suspension, emergency
action, or termination of programs under
this title;
``(II) any adverse action by the
institution's accrediting agency or
association; or
``(III) any action by the State to
revoke a license or other authority to
operate;
[[Page 134 STAT. 3184]]
``(vi) satisfies any applicable educational
requirements for professional licensure or
certification, including licensure or
certification examinations needed to practice or
find employment in the sectors or occupations for
which the program prepares the individual, in the
State in which the correctional facility is
located or, in the case of a Federal correctional
facility, in the State in which most of the
individuals confined or incarcerated in such
facility will reside upon release; and
``(vii) does not offer education that is
designed to lead to licensure or employment for a
specific job or occupation in the State if such
job or occupation typically involves prohibitions
on the licensure or employment of formerly
incarcerated individuals in the State in which the
correctional facility is located, or, in the case
of a Federal correctional facility, in the State
in which most of the individuals confined or
incarcerated in such facility will reside upon
release.
``(2) <<NOTE: Collaboration.>> Technical assistance.--The
Secretary, in collaboration with the Attorney General, shall
provide technical assistance and guidance to the Bureau of
Prisons, State departments of corrections, and other entities
that are responsible for overseeing correctional facilities in
making determinations under paragraph (1)(B)(iii).
``(3) Federal pell grant eligibility.--Notwithstanding
subsection (a), in order for a confined or incarcerated
individual who otherwise meets the eligibility requirements of
this title to be eligible to receive a Federal Pell Grant under
section 401, the individual shall be enrolled or accepted for
enrollment in a prison education program.
``(4) Evaluation.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 1 year after the date of enactment of the FAFSA
Simplification Act, in order to evaluate and improve the
impact of activities supported under this subsection,
the Secretary, in partnership with the Director of the
Institute of Education Sciences, shall award 1 or more
grants or contracts to, or enter into cooperative
agreements with, experienced public and private
institutions and organizations to enable the
institutions and organizations to conduct an external
evaluation that shall--
``(i) <<NOTE: Assessment.>> assess the
ability of confined or incarcerated individuals to
access and complete the Free Application for
Federal Student Aid;
``(ii) examine in-custody outcomes and post-
release outcomes related to providing Federal Pell
Grants to confined or incarcerated individuals,
including--
``(I) attainment of a postsecondary
degree or credential;
``(II) safety in penal institutions
with prison education programs;
``(III) the size of waiting lists
for prison education programs;
``(IV) the extent to which such
individuals continue their education
post-release;
[[Page 134 STAT. 3185]]
``(V) employment and earnings
outcomes for such individuals; and
``(VI) rates of recidivism for such
individuals;
``(iii) track individuals who received Federal
Pell Grants under subpart 1 of part A at 1, 3, and
5 years after the individuals' release from
confinement or incarceration; and
``(iv) examine the extent to which
institutions provide re-entry or relevant career
services to participating confined or incarcerated
individuals as part of the prison education
program and the efficacy of such services, if
offered.
``(B) Report.--Beginning not later than 1 year after
the Secretary awards the grant, contract, or cooperative
agreement described in subparagraph (A) and annually
thereafter, each institution of higher education
operating a prison education program under this
subsection shall submit a report to the Secretary on
activities assisted and students served under this
subsection, which shall include the information, as
applicable, contained in clauses (i) through (iv) of
subparagraph (A).
``(5) <<NOTE: Public information. Web posting.>> Report.--
Not later than 1 year after the date of enactment of the FAFSA
Simplification Act and on at least an annual basis thereafter,
the Secretary shall submit to the authorizing committees, and
make publicly available on the website of the Department, a
report on the--
``(A) impact of this subsection which shall include,
at a minimum--
``(i) the names and types of institutions of
higher education offering prison education
programs at which confined or incarcerated
individuals are enrolled and receiving Federal
Pell Grants;
``(ii) the number of confined or incarcerated
individuals receiving Federal Pell Grants through
each prison education program;
``(iii) the amount of Federal Pell Grant
expenditures for each prison education program;
``(iv) the average amount of Federal Pell
Grant expenditures per full-time equivalent
students in a prison education program compared to
the average amount of Federal Pell Grant
expenditures per full-time equivalent students not
in prison education programs;
``(v) the demographics of confined or
incarcerated individuals receiving Federal Pell
Grants;
``(vi) the cost of attendance for such
individuals;
``(vii) the mode of instruction (such as
distance education, in-person instruction, or a
combination of such modes) for each prison
education program;
``(viii) information on the academic outcomes
of such individuals (such as credits attempted and
earned, and credential and degree completion) and
any information available from student
satisfaction surveys conducted by the applicable
institution or correctional facility;
[[Page 134 STAT. 3186]]
``(ix) information on post-release outcomes of
such individuals, including, to the extent
practicable, continued postsecondary enrollment,
earnings, credit transfer, and job placement;
``(x) rates of recidivism for confined or
incarcerated individuals receiving Federal Pell
Grants;
``(xi) information on transfers of confined or
incarcerated individuals between prison education
programs;
``(xii) the most common programs and courses
offered in prison education programs; and
``(xiii) rates of instructor turnover or
departure for courses offered in prison education
programs;
``(B) results of each prison education program at
each institution of higher education, including the
information described in clauses (ii) through (xiii) of
subparagraph (A); and
``(C) findings regarding best practices with respect
to prison education programs.''.
(B) Conforming amendment.--Section 428B(f)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1078-2(f)(2)) is
amended by striking ``section 484(p)'' and inserting
``section 484(o)''.
(C) Institutional and financial assistance
information for students.--Section 485 of the Higher
Education Act of 1965 (20 U.S.C. 1092) is amended by
repealing subsection (k).
(2) <<NOTE: 20 USC 1078-2 note.>> Early effective date
permitted.--Notwithstanding section 701(b) of this Act, sections
401(b)(6) and 484(r) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(6); 1091(r)) as in effect on the date of
enactment of this Act, and section 12(f) of the Military
Selective Service Act (50 U.S.C. 3811(f)), the Secretary of
Education may implement the amendments made by paragraph (1) of
this subsection before (but not later than) July 1, 2023. The
Secretary shall specify in a designation on what date, under
what conditions, and for which award years the Secretary will
implement such amendments prior to July 1, 2023. <<NOTE: Federal
Register, publication.>> The Secretary shall publish any
designation under this paragraph in the Federal Register at
least 60 days before implementation.
(o) Early Awareness of Financial Aid Eligibility.--Section 485E of
the Higher Education Act of 1965 (20 U.S.C. 1092f) is amended to read as
follows:
``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID
ELIGIBILITY.
``(a) In General.--The Secretary shall implement early outreach
activities in order to provide prospective students and their families
with information about financial aid and estimates of financial aid.
Such early outreach activities shall include the activities described in
subsections (b), (c), and (d).
``(b) Pell Grant Early Awareness Estimates.--
``(1) In general.--The Secretary shall produce a consumer-
tested method of estimating student eligibility for Federal Pell
Grants under section 401(b) utilizing the variables of family
size and adjusted gross income, presented in electronic format.
[[Page 134 STAT. 3187]]
There shall be a method for students to indicate whether they
are, or will be in--
``(A) a single-parent household;
``(B) a household with two parents; or
``(C) a household with no children or dependents.
``(2) Consumer testing.--
``(A) In general.--The method of estimating
eligibility described in paragraph (1) shall be consumer
tested with prospective first-generation students and
families as well as low-income individuals and families.
``(B) Updates.--For award year 2023-2024 and each
fourth succeeding award year thereafter, the design of
the method of estimating eligibility shall be updated
based on additional consumer testing with the
populations described in subparagraph (A).
``(3) <<NOTE: Public information. Web posting.>>
Distribution.--The method of estimating eligibility described in
paragraph (1) shall be--
``(A) made publicly and prominently available on the
Department's website; and
``(B) actively shared by the Secretary with--
``(i) institutions of higher education
participating in programs under this title;
``(ii) all middle and secondary schools
eligible for funds under part A of title I of the
Elementary and Secondary Education Act of 1965;
``(iii) local educational agencies and middle
schools and high schools that serve students not
less than 25 percent of whom meet a measure of
poverty as described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965;
and
``(iv) agencies responsible for administering
means-tested Federal benefit programs, as defined
in section 479(b)(4)(H).
``(4) Electronic estimator on fafsa.--In accordance with
subsection (d)(5) of section 483, the Secretary shall maintain
an electronic method for applicants to enter income and family
size, and level of education sought information to calculate a
non-binding estimate (which may include a range, ceiling, or
minimum) of the applicant's Federal financial aid available
under this title and shall place such calculator on a prominent
location on the FAFSA website and in a manner that encourages
students to fill out the FAFSA.
``(c) Early Awareness Plans.--The Secretary shall establish and
implement early awareness and outreach plans to provide early
information about the availability of Federal financial aid and
estimates of prospective students' eligibility for Federal financial aid
as well as to promote the attainment of postsecondary education
specifically among prospective first-generation students and families as
well as low-income individuals and families, as follows:
``(1) Outreach plans for low-income families.--
``(A) In general.--The Secretary shall develop plans
for each population described in this subparagraph to
disseminate information about the availability of
Federal financial aid under this title, in addition to
and in coordination with the distribution of the method
of estimating eligibility under subsection (b), to--
[[Page 134 STAT. 3188]]
``(i) all middle schools and secondary schools
eligible for funds under part A of title I of the
Elementary and Secondary Education Act of 1965;
``(ii) local educational agencies and middle
schools and high schools that serve students not
less than 25 percent of whom meet a measure of
poverty as described in section 1113(a)(5) of the
Elementary and Secondary Education Act;
``(iii) households receiving assistance under
the supplemental nutrition assistance program
established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.); and
``(iv) agencies responsible for administering
means-tested Federal benefit programs, as defined
in section 479(b)(4)(H).
``(B) Content of plans.--The plans described in
paragraph (A) shall--
``(i) provide students and their families with
information on--
``(I) the availability of the
College Scorecard or any similar
successor website;
``(II) the electronic estimates of
financial aid available under subsection
(b);
``(III) Federal financial aid
available to students, including
eligibility criteria for the Federal
financial aid and an explanation of the
Federal financial aid programs
(including applicable Federal
educational tax credits); and
``(IV) resources that can inform
students of financial aid that may be
available from state-based financial
aid, state-based college savings
programs, and scholarships and other
non-governmental sources;
``(ii) describe how the dissemination of
information will be conducted by the Secretary.
``(C) <<NOTE: Public information. Web posting.>>
Reporting and updates.--The Secretary shall post the
information about the plans under subparagraph (A) and
associated goals publicly on the Department's website.
On an annual basis, the Secretary shall report
qualitative and quantitative outcomes regarding the
implementation of the plans under subparagraph (A). The
Secretary shall review and update such plans not less
often than every 4 award years with the goal of
progressively increasing the impact of the activities
under this paragraph.
``(D) Partnership.--The Secretary may partner with
States, State systems of higher education, institutions
of higher education, or college access organizations to
carry out this paragraph.
``(2) Interagency coordination plans.--
``(A) In general.--The Secretary shall develop
interagency coordination plans in order to inform more
students and families, including low-income individuals
or families and recipients of means-tested Federal
benefits, about the availability of Federal financial
aid under this title through participation in existing
Federal programs or tax benefits
[[Page 134 STAT. 3189]]
that serve low-income individuals or families, in
coordination with the following Secretaries:
``(i) The Secretary of the Treasury.
``(ii) The Secretary of Labor.
``(iii) The Secretary of Health and Human
Services.
``(iv) The Secretary of Agriculture.
``(v) The Secretary of Housing and Urban
Development.
``(vi) The Secretary of Commerce.
``(vii) The Secretary of Veterans Affairs.
``(viii) The Secretary of the Interior.
``(B) Process, activities, and goals.--Each
interagency coordination plan under subparagraph (A)
shall--
``(i) identify opportunities in which low-
income individuals and families could be informed
of the availability of Federal financial aid under
this title through access to other Federal
programs that serve low-income individuals and
families;
``(ii) identify methods to effectively inform
low-income individuals and families of the
availability of Federal financial aid for
postsecondary education under this title and
assist such individuals in completing the Free
Application for Federal Student Aid;
``(iii) develop early awareness and FAFSA
completion activities that align with the
opportunities and methods identified under clauses
(i) and (ii);
``(iv) establish goals regarding the effects
of the activities to be implemented under clause
(iii); and
``(v) provide information on how students and
families can maintain access to Federal programs
that serve low-income individuals and families
operated by the agencies identified under
subsection (A) while attending an institution of
higher education.
``(C) Plan with secretary of the treasury.--The
interagency coordination plan under subparagraph (A)(i)
between the Secretary and the Secretary of the Treasury
shall further include specific methods to increase the
application for Federal financial aid under this title
from individuals who file Federal tax returns, including
collaboration with tax preparation entities or other
third parties, as appropriate.
``(D) <<NOTE: Public information. Web posting.>>
Reporting and updates.--The Secretary shall post the
information about the interagency coordination plans
under this paragraph and associated goals publicly on
the Department's website. The plans shall have the goal
of progressively increasing the impact of the activities
under this paragraph by increasing the number of low-
income applicants for, and recipients of, Federal
financial aid. The plans shall be updated not less than
once every 4 years.
``(3) Nationwide participation in early awareness plans.--
``(A) In general.--The Secretary shall solicit
voluntary public commitments from entities, such as
States, State systems of higher education, institutions
of higher education, and other interested organizations,
to carry out early awareness plans, which shall include
goals, to--
[[Page 134 STAT. 3190]]
``(i) <<NOTE: Notification.>> notify
prospective and existing students who are low-
income individuals and families about their
eligibility for Federal aid under this title, as
well as State-based financial aid, if applicable,
on an annual basis;
``(ii) increase the number of prospective and
current students who are low-income individuals
and families filing the Free Application for
Federal Student Aid; and
``(iii) increase the number of prospective and
current students who are low-income individuals
and families enrolling in postsecondary education.
``(B) Reporting and updates.--Each entity that makes
a voluntary public commitment to carry out an early
awareness plan may submit quantitative and qualitative
data based on the entity's progress toward the goals of
the plan annually prior to a date selected by the
Secretary.
``(C) <<NOTE: Studies. Public information. Web
posting.>> Early awareness champions.--Based on data
submitted by entities, the Secretary shall select and
designate entities submitting public commitments, plans,
and goals, as Early Awareness Champions on an annual
basis. Those entities designated as Early Awareness
Champions shall provide one or more case studies
regarding the activities the entity undertook under this
paragraph which shall be made public by the Secretary on
the Department of Education website to promote best
practices.
``(d) Public Awareness Campaign.--
``(1) In general.--The Secretary shall develop and implement
a public awareness campaign designed using current and relevant
independent research regarding strategies and media platforms
found to be most effective in communicating with low-income
populations in order to increase national awareness regarding
the availability of Federal Pell Grants and financial aid under
this title and, at the option of the Secretary, potential
availability of state need-based financial aid.
``(2) Coordination.--The public awareness campaign described
in paragraph (1) shall leverage the activities in subsections
(b) and (c) to highlight eligibility among low-income
populations. In <<NOTE: Coordination.>> developing and
implementing the campaign, the Secretary may work in
coordination with States, institutions of higher education,
early intervention and outreach programs under this title, other
Federal agencies, agencies responsible for administering means-
tested Federal benefit programs (as defined in section
479(b)(4)(H)), organizations involved in college access and
student financial aid, secondary schools, local educational
agencies, public libraries, community centers, businesses,
employers, workforce investment boards, and organizations that
provide services to individuals who are or were homeless, in
foster care, or are disconnected youth.
``(3) <<NOTE: Public information. Web posting.>>
Reporting.--The Secretary shall report on the success of the
public awareness campaign described in paragraph (1) annually
regarding the extent to which the public and target populations
were reached using data commonly used to evaluate advertising
and outreach campaigns and data regarding whether the campaign
produced any increase in applicants for Federal aid under this
title publicly on the Department of Education website.''.
[[Page 134 STAT. 3191]]
(p) Procedure and Requirements for Requesting Tax Return Information
From the Internal Revenue Service.--Section 494(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1098h(a)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) if an individual is pursuing provisional
independent student status due to an unusual
circumstance, as described in section 479A and provided
for in section 479D, require such individual to provide
an affirmative approval under subparagraph (B), but not
require a parent of such individual to provide an
affirmative approval under subparagraph (B).''.
SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
APPLICATIONS.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is
amended to read as follows:
``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
APPLICATIONS.
``(a) Purpose; Definitions.--
``(1) Purpose.--The purpose of this subpart is to provide a
Federal Pell Grant to low-income students.
``(2) Definitions.--In this section--
``(A) the term `adjusted gross income' means--
``(i) in the case of a dependent student, the
adjusted gross income (as defined in section 62 of
the Internal Revenue Code of 1986) of the
student's parents in the second tax year preceding
the academic year; and
``(ii) in the case of an independent student,
the adjusted gross income (as defined in section
62 of the Internal Revenue Code of 1986) of the
student (and the student's spouse, if applicable)
in the second tax year preceding the academic
year;
``(B) the term `family size' has the meaning given
the term in section 480(k);
``(C) the term `poverty line' means the poverty line
(as determined under the poverty guidelines updated
periodically in the Federal Register by the Department
of Health and Human Services under the authority of
section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2))) applicable to the student's family
size and applicable to the second tax year preceding the
academic year;
``(D) the term `single parent' means--
``(i) a parent of a dependent student who was
a head of household (as defined in section 2(b) of
the Internal Revenue Code of 1986) or a surviving
spouse (as defined in section 2(a) of the Internal
Revenue Code of 1986) or was an eligible
individual for purposes of the credit under
section 32 of such Code, in the second tax year
preceding the academic year; or
``(ii) an independent student who is a parent
and was a head of household (as defined in section
2(b)
[[Page 134 STAT. 3192]]
of the Internal Revenue Code of 1986) or a
surviving spouse (as defined in section 2(a) of
the Internal Revenue Code of 1986) or was an
eligible individual for purposes of the credit
under section 32 of such Code, in the second tax
year preceding the academic year;
``(E) the term `total maximum Federal Pell Grant'
means the total maximum Federal Pell Grant award per
student for any academic year described under subsection
(b)(5); and
``(F) the term `minimum Federal Pell Grant' means
the minimum amount of a Federal Pell Grant that shall be
awarded to a student for any academic year in which that
student is attending full time, which shall be equal to
10 percent of the total maximum Federal Pell Grant for
such academic year.
``(b) Amount and Distribution of Grants.--
``(1) Determination of amount of a federal pell grant.--
Subject to paragraphs (2) and (3), the amount of a Federal Pell
Grant for a student shall be determined in accordance with the
following:
``(A) A student shall be eligible for a total
maximum Federal Pell Grant for an academic year in which
the student is enrolled in an eligible program full
time--
``(i) if the student (and the student's
spouse, if applicable), or, in the case of a
dependent student, the dependent student's parents
(or single parent), is not required to file a
Federal income tax return in the second year
preceding the academic year;
``(ii) if the student or, in the case of a
dependent student, the dependent student's parent,
is a single parent, and the adjusted gross income
is greater than zero and equal to or less than 225
percent of the poverty line; or
``(iii) if the student or, in the case of a
dependent student, the dependent student's parent,
is not a single parent, and the adjusted gross
income is greater than zero and equal to or less
than 175 percent of the poverty line.
``(B) A student who is not eligible for a total
maximum Federal Pell Grant under subparagraph (A) for an
academic year, shall be eligible for a Federal Pell
Grant for an academic year in which the student is
enrolled in an eligible program full time if such
student's student aid index in such award year is less
than the total maximum Federal Pell Grant for that award
year. The amount of the Federal Pell Grant for a student
eligible under this subparagraph shall be--
``(i) the total maximum Federal Pell Grant as
calculated under paragraph (5)(A) for that year,
less
``(ii) an amount equal to the amount
determined to be the student aid index with
respect to that student for that year, except that
a student aid index of less than zero shall be
considered to be zero for the purposes of this
clause,
rounded to the nearest $5, except that a student
eligible for less than the minimum Federal Pell Grant as
defined in section (a)(2)(F) shall not be eligible for
an award.
[[Page 134 STAT. 3193]]
``(C) A student who is not eligible for a Federal
Pell Grant under subparagraph (A) or (B) shall be
eligible for the minimum Federal Pell Grant for an
academic year in which the student is enrolled in an
eligible program full time--
``(i) in the case of a dependent student--
``(I) if the student's parent is a
single parent, and the adjusted gross
income is equal to or less than 325
percent of the poverty line; or
``(II) if the student's parent is
not a single parent, and the adjusted
gross income is equal to or less than
275 percent of the poverty line; or
``(ii) in the case of an independent student--
``(I) if the student is a single
parent, and the adjusted gross income is
equal to or less than 400 percent of the
poverty line;
``(II) if the student is a parent
and is not a single parent, and the
adjusted gross income is equal to or
less than 350 percent of the poverty
line; or
``(III) if the student is not a
parent, and the adjusted gross income is
equal to or less than 275 percent of the
poverty line.
``(D) A student eligible for the total maximum
Federal Pell Grant under subparagraph (A) who has (or
whose spouse or parent, as applicable based on whose
information is used under such subparagraph, has)
foreign income that would, if added to adjusted gross
income, result in the student no longer being eligible
for such total maximum Federal Pell Grant, shall not be
provided a Federal Pell Grant until the student aid
administrator evaluates the student's FAFSA and makes a
determination regarding whether it is appropriate to
make an adjustment under section 479A(b)(1)(B)(v) to
account for such foreign income when determining the
student's eligibility for such total maximum Federal
Pell Grant.
``(E) With respect to a student who is not eligible
for the total maximum Federal Pell Grant under
subparagraph (A) or a minimum Federal Pell Grant under
subparagraph (C), the Secretary shall subtract from the
student or parents' adjusted gross income, as applicable
based on whose income is used for the Federal Pell Grant
calculation, the sum of the following for the individual
whose income is so used, and consider such difference
the adjusted gross income for purposes of determining
the student's eligibility for such Federal Pell Grant
award under such subparagraph:
``(i) If the applicant, or, if applicable, the
parents or spouse of the applicant, elects to
report receiving college grant and scholarship aid
included in gross income on a Federal tax return
described in section 480(e)(2), the amount of such
aid.
``(ii) Income earned from work under part C of
this title.
[[Page 134 STAT. 3194]]
``(2) Less than full-time enrollment.--In any case where a
student is enrolled in an eligible program of an institution of
higher education on less than a full-time basis (including a
student who attends an institution of higher education on less
than a half-time basis) during any academic year, the amount of
the Federal Pell Grant to which that student is entitled shall
be reduced in direct proportion to the degree to which that
student is not so enrolled on a full-time basis, rounded to the
nearest whole percentage point, as provided in a schedule of
reductions published by the Secretary computed in accordance
with this subpart. Such schedule of reductions shall be
published in the Federal Register in accordance with section
482. Such reduced Federal Pell Grant for a student enrolled on a
less than full-time basis shall also apply proportionally to
students who are otherwise eligible to receive the minimum
Federal Pell Grant, if enrolled full-time.
``(3) Award may not exceed cost of attendance.--No Federal
Pell Grant under this subpart shall exceed the cost of
attendance (as defined in section 472) at the institution at
which that student is in attendance. If, with respect to any
student, it is determined that the amount of a Federal Pell
Grant for that student exceeds the cost of attendance for that
year, the amount of the Federal Pell Grant shall be reduced
until the Federal Pell Grant does not exceed the cost of
attendance at such institution.
``(4) Study abroad.--Notwithstanding any other provision of
this subpart, the Secretary shall allow the amount of the
Federal Pell Grant to be exceeded for students participating in
a program of study abroad approved for credit by the institution
at which the student is enrolled when the reasonable costs of
such program are greater than the cost of attendance at the
student's home institution, except that the amount of such
Federal Pell Grant in any fiscal year shall not exceed the
maximum amount of a Federal Pell Grant for which a student is
eligible under paragraph (1) or (2) during such award year. If
the preceding sentence applies, the financial aid administrator
at the home institution may use the cost of the study abroad
program, rather than the home institution's cost, to determine
the cost of attendance of the student.
``(5) Total maximum federal pell grant.--
``(A) In general.--For award year 2023-2024, and
each subsequent award year, the total maximum Federal
Pell Grant award per student shall be equal to the sum
of--
``(i) $1,060; and
``(ii) the amount specified as the maximum
Federal Pell Grant in the last enacted
appropriation Act applicable to that award year.
``(B) Rounding.--The total maximum Federal Pell
Grant for any award year shall be rounded to the nearest
$5.
``(6) Funds by fiscal year.--
``(A) In general.--To carry out this section--
``(i) there are authorized to be appropriated
and are appropriated (in addition to any other
amounts appropriated to carry out this section and
out of any money in the Treasury not otherwise
appropriated)
[[Page 134 STAT. 3195]]
such sums as are necessary to carry out paragraph
(5)(A)(i) for fiscal year 2023 and each subsequent
fiscal year; and
``(ii) such sums as may be necessary are
authorized to be appropriated to carry out
paragraph (5)(A)(ii) for each of the fiscal years
2023 through 2033.
``(B) <<NOTE: Effective date. Time period.>>
Availability of funds.--The amounts made available by
subparagraph (A) for any fiscal year shall be available
beginning on October 1 of that fiscal year, and shall
remain available through September 30 of the succeeding
fiscal year.
``(7) Appropriation.--
``(A) In general.--In addition to any funds
appropriated under paragraph (6) and any funds made
available for this section under any appropriations Act,
there are authorized to be appropriated, and there are
appropriated (out of any money in the Treasury not
otherwise appropriated) to carry out this section,
$1,170,000,000 for fiscal year 2023 and each subsequent
award year.
``(B) No effect on previous appropriations.--The
amendments made to this section by the FAFSA
Simplification Act shall not--
``(i) increase or decrease the amounts that
have been appropriated or are available to carry
out this section for fiscal year 2017, 2018, 2019,
2020, 2021, or 2022 as of the day before the
effective date of such Act; or
``(ii) extend the period of availability for
obligation that applied to any such amount, as of
the day before such effective date.
``(C) <<NOTE: Effective date. Time period.>>
Availability of funds.--The amounts made available by
this paragraph for any fiscal year shall be available
beginning on October 1 of that fiscal year, and shall
remain available through September 30 of the succeeding
fiscal year.
``(8) Method of distribution.--
``(A) In general.--For each fiscal year through
fiscal year 2033, the Secretary shall pay to each
eligible institution such sums as may be necessary to
pay each eligible student for each academic year during
which that student is in attendance at an institution of
higher education as an undergraduate, a Federal Pell
Grant in the amount for which that student is eligible.
``(B) Alternative disbursement.--Nothing in this
section shall be interpreted to prohibit the Secretary
from paying directly to students, in advance of the
beginning of the academic term, an amount for which they
are eligible, in the cases where an eligible institution
does not participate in the disbursement system under
subparagraph (A).
``(9) Additional payment periods in same award year.--
``(A) Effective in the 2017-2018 award year and
thereafter, the Secretary shall award an eligible
student not more than one and one-half Federal Pell
Grants during a single award year to permit such student
to work toward completion of an eligible program if,
during that single award year, the student has received
a Federal Pell Grant for an award year and is enrolled
in an eligible program
[[Page 134 STAT. 3196]]
for one or more additional payment periods during the
same award year that are not otherwise fully covered by
the student's Federal Pell Grant.
``(B) In the case of a student receiving more than
one Federal Pell Grant in a single award year under
subparagraph (A), the total amount of Federal Pell
Grants awarded to such student for the award year may
exceed the total maximum Federal Pell Grant available
for an award year.
``(C) Any period of study covered by a Federal Pell
Grant awarded under subparagraph (A) shall be included
in determining a student's duration limit under
subsection (d)(5).
``(D) In any case where an eligible student is
receiving a Federal Pell Grant for a payment period that
spans 2 award years, the Secretary shall allow the
eligible institution in which the student is enrolled to
determine the award year to which the additional period
shall be assigned, as it determines is most beneficial
to students.
``(c) Special Rule.--
``(1) In general.--A student described in paragraph (2)
shall be eligible for the total maximum Federal Pell Grant.
``(2) Applicability.--Paragraph (1) shall apply to any
dependent or independent student--
``(A) who is eligible to receive a Federal Pell
Grant according to subsection (b)(1) for the award year
for which the determination is made;
``(B) whose parent or guardian was--
``(i) an individual who, on or after September
11, 2001, died in the line of duty while serving
on active duty as a member of the Armed Forces; or
``(ii) actively serving as a public safety
officer and died in the line of duty while
performing as a public safety officer; and
``(C) who is less than 33 years of age.
``(3) Information.--Notwithstanding any other provision of
law--
``(A) the Secretary shall establish the necessary
data-sharing agreements with the Secretary of Veterans
Affairs and the Secretary of Defense, as applicable, to
provide the information necessary to determine which
students meet the requirements of paragraph (2)(B)(i);
and
``(B) the financial aid administrator shall verify
with the student that the student is eligible for the
adjustment and notify the Secretary of the adjustment of
the student's eligibility.
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10302), in the case of a student who receives an
increased Federal Pell Grant amount under this section, the
total amount of such Federal Pell Grant, including the increase
under this subsection, shall not be considered in calculating
that student's educational assistance benefits under the Public
Safety Officers' Benefits program under subpart 2 of part L of
title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
[[Page 134 STAT. 3197]]
``(A) a public safety officer, as defined in section
1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10284); or
``(B) a fire police officer, defined as an
individual who--
``(i) is serving in accordance with State or
local law as an officially recognized or
designated member of a legally organized public
safety agency;
``(ii) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a rescue
squad or ambulance crew; and
``(iii) provides scene security or directs
traffic--
``(I) in response to any fire drill,
fire call, or other fire, rescue, or
police emergency; or
``(II) at a planned special event.
``(d) Period of Eligibility for Grants.--
``(1) In general.--The period during which a student may
receive Federal Pell Grants shall be the period required for the
completion of the first undergraduate baccalaureate course of
study being pursued by that student at the institution at which
the student is in attendance, except that any period during
which the student is enrolled in a noncredit or remedial course
of study, as described in paragraph (2), shall not be counted
for the purpose of this paragraph.
``(2) Noncredit or remedial courses; study abroad.--Nothing
in this section shall exclude from eligibility courses of study
which are noncredit or remedial in nature (including courses in
English language instruction) which are determined by the
institution to be necessary to help the student be prepared for
the pursuit of a first undergraduate baccalaureate degree or
certificate or, in the case of courses in English language
instruction, to be necessary to enable the student to use
already existing knowledge, training, or skills. Nothing in this
section shall exclude from eligibility programs of study abroad
that are approved for credit by the home institution at which
the student is enrolled.
``(3) No concurrent payments.--No student is entitled to
receive Pell Grant payments concurrently from more than one
institution or from both the Secretary and an institution.
``(4) Postbaccalaureate program.--Notwithstanding paragraph
(1), the Secretary may allow, on a case-by-case basis, a student
to receive a Federal Pell Grant if the student--
``(A) is carrying at least one-half the normal full-
time work load for the course of study the student is
pursuing, as determined by the institution of higher
education; and
``(B) is enrolled or accepted for enrollment in a
postbaccalaureate program that does not lead to a
graduate degree, and in courses required by a State in
order for the student to receive a professional
certification or licensing credential that is required
for employment as a teacher in an elementary school or
secondary school in that State,
except that this paragraph shall not apply to a student who is
enrolled in an institution of higher education that offers a
baccalaureate degree in education.
``(5) Maximum period.--
``(A) In general.--Except as provided in
subparagraph (B), the period during which a student may
receive Federal
[[Page 134 STAT. 3198]]
Pell Grants shall not exceed 12 semesters, or the
equivalent of 12 semesters, as determined by the
Secretary by regulation. Such regulations shall provide,
with respect to a student who received a Federal Pell
Grant for a term but was enrolled at a fraction of full
time, that only that same fraction of such semester or
equivalent shall count towards such duration limits.
``(B) Exception.--
``(i) In general.--Any Federal Pell Grant that
a student received during a period described in
subclause (I) or (II) of clause (ii) shall not
count towards the student's duration limits under
this paragraph.
``(ii) Applicable periods.--Clause (i) shall
apply with respect to any Federal Pell Grant
awarded to a student to enroll in an eligible
program at an institution--
``(I) during a period of a student's
attendance at an institution--
``(aa) at which the student
was unable to complete a course
of study due to the closing of
the institution; or
``(bb) for which the student
was falsely certified as
eligible for Federal aid under
this title; or
``(II) during a period--
``(aa) for which the student
received a loan under this
title; and
``(bb) for which the loan
described in item (aa) is
discharged under--
``(AA) section 437(c)(1)
or section 464(g)(1);
``(BB) section
432(a)(6); or
``(CC) section 455(h)
due to the student's
successful assertion of a
defense to repayment of the
loan, including defenses
provided to any applicable
groups of students.
``(e) Applications for Grants.--
``(1) Deadlines.--The Secretary shall from time to time set
dates by which students shall file the Free Application for
Federal Student Aid under section 483.
``(2) Application.--Each student desiring a Federal Pell
Grant for any year shall file the Free Application for Federal
Student Aid containing the information necessary to enable the
Secretary to carry out the functions and responsibilities of
this subpart.
``(f) Distribution of Grants to Students.--Payments under this
section shall be made in accordance with regulations promulgated by the
Secretary for such purpose, in such manner as will best accomplish the
purpose of this section. Any disbursement allowed to be made by
crediting the student's account shall be limited to tuition and fees,
and food and housing if that food and housing is institutionally owned
or operated. The student may elect to have the institution provide other
such goods and services by crediting the student's account.
``(g) Insufficient Appropriations.--If, for any fiscal year, the
funds appropriated for payments under this subpart are insufficient
[[Page 134 STAT. 3199]]
to satisfy fully all entitlements, as calculated under subsections (b)
and (c) (but at the maximum grant level specified in such
appropriation), the Secretary shall promptly transmit a notice of such
insufficiency to each House of the Congress, and identify in such notice
the additional amount that would be required to be appropriated to
satisfy fully all entitlements (as so calculated at such maximum grant
level).
``(h) Use of Excess Funds.--
``(1) 15 percent or less.--If, at the end of a fiscal year,
the funds available for making payments under this subpart
exceed the amount necessary to make the payments required under
this subpart to eligible students by 15 percent or less, then
all of the excess funds shall remain available for making
payments under this subpart during the next succeeding fiscal
year.
``(2) More than 15 percent.--If, at the end of a fiscal
year, the funds available for making payments under this subpart
exceed the amount necessary to make the payments required under
this subpart to eligible students by more than 15 percent, then
all of such funds shall remain available for making such
payments but payments may be made under this paragraph only with
respect to entitlements for that fiscal year.
``(i) Treatment of Institutions and Students Under Other Laws.--Any
institution of higher education which enters into an agreement with the
Secretary to disburse to students attending that institution the amounts
those students are eligible to receive under this subpart shall not be
deemed, by virtue of such agreement, a contractor maintaining a system
of records to accomplish a function of the Secretary. Recipients of Pell
Grants shall not be considered to be individual grantees for purposes of
chapter 81 of title 41, United States Code.
``(j) Institutional Ineligibility Based on Default Rates.--
``(1) In general.--No institution of higher education shall
be an eligible institution for purposes of this subpart if such
institution of higher education is ineligible to participate in
a loan program under part B or D as a result of a final default
rate determination made by the Secretary under part B or D after
the final publication of cohort default rates for fiscal year
1996 or a succeeding fiscal year.
``(2) Sanctions subject to appeal opportunity.--No
institution may be subject to the terms of this subsection
unless the institution has had the opportunity to appeal the
institution's default rate determination under regulations
issued by the Secretary for the loan program authorized under
part B or D, as applicable. This subsection shall not apply to
an institution that was not participating in the loan program
authorized under part B or D on October 7, 1998, unless the
institution subsequently participates in the loan programs.''.
SEC. 704. CONFORMING AMENDMENTS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
amended--
(1) by striking ``the expected family contribution'' each
place the term appears and inserting ``the student aid index'';
(2) by striking ``expected family contributions'' each place
the term appears and inserting ``student aid indexes'';
[[Page 134 STAT. 3200]]
(3) by striking ``an expected family contribution'' each
place the term appears and inserting ``a student aid index'';
(4) by striking ``average expected family contribution''
each place the term appears and inserting ``average student aid
index'';
(5) in section 415E(c)(1)(B)(vii), by striking ``automatic
zero expected family contribution'' and inserting ``automatic
zero student aid index''; and
(6) in section 428(a)(2)(B), by striking ``expected family
contribution'' and inserting ``student aid index''.
SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA)
RESTRICTION.
(a) Repeal.--Section 455(q) of the Higher Education Act of 1965 (20
U.S.C. 1087e(q)) is repealed.
(b) <<NOTE: Deadline. 20 USC 1087e note.>> Early Effective Date
Permitted.--Notwithstanding section 701(b) of this Act and section
455(q) of the Higher Education Act of 1965 (20 U.S.C. 1087e(q)) as in
effect on the date of enactment of this Act, the Secretary of Education
may implement the repeal authorized under subsection (a) before (but not
later than) July 1, 2023. The Secretary shall specify in a designation
on what date and for which award years the implementation of such repeal
will be effective prior to July 1, 2023. <<NOTE: Federal Register,
publication. Deadline.>> The Secretary shall publish any designation
under this paragraph in the Federal Register at least 60 days before
implementation.
SEC. 706. <<NOTE: 20 USC 1001 note. Deadline.>> FORGIVENESS OF
HBCU CAPITAL FINANCING LOANS.
(a) Forgiveness.--Not later than 90 days after the effective date of
this section, the Secretary of Education shall repay each institution of
higher education's outstanding balance of principal, interest, fees, and
costs on the disbursed loan amounts (as of such effective date) under
each applicable closed loan agreement, including paying any
reimbursement (including reimbursements of escrow and return of fees and
deposits) relating to the applicable closed loan agreement that are
usual and customary when the loan is paid off by the institution.
(b) Applicable Closed Loan Agreement.--In this section, the term
``applicable closed loan agreement'' means each of the following:
(1) A closed loan agreement executed before the date of
enactment of this Act and made under part D of title III of the
Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
(2) A closed loan agreement executed before the date of
enactment of this Act and made for deferment balances authorized
under--
(A) section 3512 of the CARES Act (20 U.S.C. 1001
note);
(B) title III of division A of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-
94; 133 Stat. 2586);
(C) title III of division B of the Department of
Defense and Labor, Health and Human Services, and
Education Appropriations Act, 2019 and Continuing
Appropriations Act, 2019 (Public Law 115-245; 132 Stat.
3097); or
(D) title III of division H of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat.
741).
(c) Authorization and Appropriation.--There are authorized to be
appropriated, and there are appropriated, out of any amounts
[[Page 134 STAT. 3201]]
in the Treasury not otherwise appropriated, such sums as may be
necessary to carry out subsection (a).
(d) Effective Date.--Notwithstanding section 701(b), this section
shall take effect on the date of enactment of this Act.
TITLE VIII--ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION
SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED
BY THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--Section 205(r) of the Social Security Act (42
U.S.C. 405(r)) is amended--
(1) in paragraph (2)--
(A) by striking ``Each State'' and inserting ``(A)
Each State'';
(B) by striking ``may'' and inserting ``shall'';
(C) by striking ``from amounts available for
administration of this Act the reasonable costs
(established by the Commissioner of Social Security in
consultations with the States) for transcribing and
transmitting such information to the Commissioner of
Social Security.'' and inserting ``for the following:
``(i) A fee, to be established pursuant to
subparagraph (B), for the use of such information
by--
``(I) the Commissioner; and
``(II) any other agency that
receives such information from the
Commissioner and is subject to the
requirements of subparagraph (3)(A).
``(ii) The full documented cost to the State
of transmitting such information to the
Commissioner, including the costs of maintaining,
enhancing, and operating any electronic system
used solely for transmitting such information to
the Commissioner.
``(B) The fee for the use of such information shall
be established by the Commissioner of Social Security in
consultations with the States, and shall include--
``(i) a share of the costs to the State
associated with collecting and maintaining such
information; ensuring the completeness,
timeliness, and accuracy of such information; and
maintaining, enhancing, and operating the
electronic systems that allow for the transmission
of such information; and
``(ii) a fee for the right to use such
information.
``(C) The Commissioner of Social Security shall not
use amounts provided for a fiscal year in an
appropriation Act under the heading `Limitation on
Administrative Expenses' for the Social Security
Administration for the amounts under paragraph (3)(A),
except as the Commissioner determines is necessary on a
temporary basis and subject to reimbursement under such
paragraph.'';
[[Page 134 STAT. 3202]]
(2) in paragraph (3)(A), by striking ``for the reasonable
cost of carrying out such arrangement, and'' and inserting
``for--
``(i) the agency's proportional share (as
determined by the Commissioner in consultation
with the head of the agency) of--
``(I) the payments to States
required under paragraph (2)(A);
``(II) the costs to the Commissioner
of developing the contracts described in
paragraph (1); and
``(III) the costs to the
Commissioner of carrying out the study
required under section 802 of division
FF of the Consolidated Appropriations
Act, 2021; and
``(ii) the full documented cost to the
Commissioner of developing such arrangement and
transmitting such information to the agency;
and'';
(3) in paragraph (5)--
(A) by striking ``such records as may be corrected
under this section'' and inserting ``all information
regarding deceased individuals furnished to or
maintained by the Commissioner under this subsection'';
and
(B) by striking ``by Federal and State agencies''
and inserting ``by a Federal or State agency, provided
that the requirements of subparagraphs (A) and (B) of
paragraph (3) are met'';
(4) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively, and inserting after
paragraph (6) the following new paragraph:
``(7) In the event an individual is incorrectly identified
as deceased in the records furnished by a State to the
Commissioner of Social Security under this subsection and the
individual provides the Commissioner with the necessary
documentation to correct such identification, the Commissioner
may--
``(A) <<NOTE: Notification.>> notify the State of
the error in the records so furnished; and
``(B) inform the individual of the source of the
incorrect death data.'';
(5) in paragraph (9)(F), as so redesignated, by striking
``the Commission'' and inserting ``the Commissioner'';
(6) in paragraph (10), as so redesignated--
(A) by adjusting the left margin so as to align with
the left margin of paragraph (9); and
(B) in subparagraph (A)(i), by inserting ``,
provided that the requirements of subparagraphs (A) and
(B) of paragraph (3) are met with respect to such
agreement'' before the semicolon; and
(7) by adding at the end the following new paragraph:
``(11) <<NOTE: Time period.>> During the 3-year period that
begins on the effective date of this paragraph, the Commissioner
of Social Security shall, to the extent feasible, provide
information furnished to the Commissioner under paragraph (1) to
the agency operating the Do Not Pay working system described in
section 3354(c) of title 31, United States Code, to prevent
improper payments to deceased individuals through a cooperative
arrangement with
[[Page 134 STAT. 3203]]
such agency, provided that the requirements of subparagraphs (A)
and (B) of paragraph (3) are met with respect to such
arrangement with such agency.''.
(b) <<NOTE: 42 USC 405 note.>> Effective Dates.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect on the date of enactment
of this Act.
(2) Delay.--The amendment made by paragraph (7) of
subsection (a) shall take effect on the date that is 3 years
after the date of enactment of this Act.
SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS TO
DEATH DATA.
(a) <<NOTE: Deadline. Contracts.>> Study.--Not later than 180 days
after the date of enactment of this Act, the Commissioner of Social
Security shall enter into an agreement with the National Academy of
Public Administration to conduct an independent study of the current and
potential sources for, and provision of access to, State-owned death
data for limited use by Federal agencies and programs for purposes of
program administration and payment integrity. <<NOTE: Consultation.>>
Such study shall be performed in consultation with State vital records
agencies, the National Association for Public Health Statistics and
Information Systems (NAPHSIS), the Commissioner of Social Security, the
agency operating the Do Not Pay working system described in section
3354(c) of title 31, United States Code, and other Federal agencies
using such death data, as appropriate, and shall include the following:
(1) <<NOTE: Analysis.>> Analysis of the following:
(A) The sources and owners of the death data.
(B) The timeliness, accuracy, and completeness of
State-owned death data, including the process for
correcting inaccuracies .
(C) Federal and State laws that may affect legal
access to, and protections for, State-owned death data.
(D) Federalism and the appropriate roles of the
relevant Federal and State entities, including States'
role in recording vital records and the core mission and
responsibility of any Federal agency involved.
(E) The costs incurred for each step of the death
data collection, management, protection (legal and
otherwise), and transmission processes, and the
challenges to adequate funding of State vital records
programs.
(F) Unmet needs (if any) for these data among
Federal agencies or programs.
(G) Options for providing Federal agencies with
limited access to State-owned death data, including
Federal agencies contracting directly with States for
access to such data or distribution of such data via the
Commissioner of Social Security or another Federal
agency or program, and corresponding options for
appropriate reimbursement structures.
(2) <<NOTE: Assessment.>> An assessment of the strengths
and limitations of the options for distribution and
reimbursement identified in paragraph (1)(G).
(b) Report.--Upon completion of the study required under subsection
(a), the Commissioner of Social Security shall transmit the study to the
Committees on Ways and Means and Oversight
[[Page 134 STAT. 3204]]
and Reform of the House of Representatives, and the Committees on
Finance and Homeland Security and Governmental Affairs of the Senate.
TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION
SEC. 901. <<NOTE: Portable Fuel Container Safety Act of
2020. Determinations. 15 USC 2056d.>>
PERFORMANCE STANDARDS TO PROTECT AGAINST
PORTABLE FUEL CONTAINER EXPLOSIONS NEAR
OPEN
FLAMES OR OTHER IGNITION SOURCES.
(a) Short Title.--This section may be cited as the ``Portable Fuel
Container Safety Act of 2020''.
(b) Standards.--
(1) <<NOTE: Deadline.>> Rule on safety performance
standards required.--Not later than 30 months after the date of
enactment of this Act, the Consumer Product Safety Commission
(referred to in this Act as the ``Commission'') shall promulgate
a final rule to require flame mitigation devices in portable
fuel containers that impede the propagation of flame into the
container, except as provided in paragraph (3).
(2) Rulemaking; consumer product safety standard.--A rule
under paragraph (1)--
(A) shall be promulgated in accordance with section
553 of title 5, United States Code; and
(B) shall be treated as a consumer product safety
rule promulgated under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058).
(3) Exception.--
(A) Voluntary standard.--Paragraph (1) shall not
apply for a class of portable fuel containers in the
scope of this Act if the Commission determines at any
time that--
(i) there is a voluntary standard for flame
mitigation devices for those containers that
impedes the propagation of flame into the
container;
(ii) the voluntary standard described in
clause (i) is or will be in effect not later than
18 months after the date of enactment of this Act;
and
(iii) the voluntary standard described in
clause (i) is developed by ASTM International or
such other standard development organization that
the Commission determines to have met the intent
of this Act.
(B) Determination required to be published in the
federal register.--Any determination made by the
Commission under this subsection shall be published in
the Federal Register.
(4) Treatment of voluntary standard for purpose of
enforcement.-- <<NOTE: Effective dates.>> If the Commission
determines that a voluntary standard meets the conditions
described in paragraph (3)(A), the requirements of such
voluntary standard shall be treated as a consumer product safety
rule promulgated under section 9 of the Consumer Product Safety
Act (15 U.S.C. 2058) beginning on the date which is the later
of--
(A) 180 days after publication of the Commission's
determination under paragraph (3); or
[[Page 134 STAT. 3205]]
(B) the effective date contained in the voluntary
standard.
(5) Revision of voluntary standard.--
(A) Notice to commission.--If the requirements of a
voluntary standard that meet the conditions of paragraph
(3) are subsequently revised, the organization that
revised the standard shall notify the Commission after
the final approval of the revision.
(B) <<NOTE: Deadlines. Notification. Regulations.>>
Effective date of revision.--Not later than 180 days
after the Commission is notified of a revised voluntary
standard described in subparagraph (A) (or such later
date as the Commission determines appropriate), such
revised voluntary standard shall become enforceable as a
consumer product safety rule promulgated under section 9
of the Consumer Product Safety Act (15 U.S.C. 2058), in
place of the prior version, unless within 90 days after
receiving the notice the Commission determines that the
revised voluntary standard does not meet the
requirements described in paragraph (3).
(6) Future rulemaking.--The Commission, at any time after
publication of the consumer product safety rule required by
paragraph (1), a voluntary standard is treated as a consumer
product safety rule under paragraph (4), or a revision is
enforceable as a consumer product safety rule under paragraph
(5) may initiate a rulemaking in accordance with section 553 of
title 5, United States Code, to modify the requirements or to
include any additional provision that the Commission determines
is reasonably necessary to protect the public against flame
jetting from a portable fuel container. Any rule promulgated
under this subsection shall be treated as a consumer product
safety rule promulgated under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058).
(7) Action required.--
(A) <<NOTE: Deadline.>> Education campaign.--Not
later than 1 year after the date of enactment of this
Act, the Commission shall undertake a campaign to
educate consumers about the dangers associated with
using or storing portable fuel containers for flammable
liquids near an open flame or any other source of
ignition.
(B) <<NOTE: Deadline. Summary.>> Summary of
actions.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to
Congress a summary of actions taken by the Commission in
such campaign.
(8) Portable fuel container defined.--In this Act, the term
``portable fuel container'' means any container or vessel
(including any spout, cap, and other closure mechanism or
component of such container or vessel or any retrofit or
aftermarket spout or component intended or reasonably
anticipated to be for use with such container)--
(A) intended for flammable liquid fuels with a flash
point less than 140 degrees Fahrenheit, including
gasoline, kerosene, diesel, ethanol, methanol, denatured
alcohol, or biofuels;
(B) that is a consumer product with a capacity of 5
gallons or less; and
[[Page 134 STAT. 3206]]
(C) that the manufacturer knows or reasonably should
know is used by consumers for transporting, storing, and
dispensing flammable liquid fuels.
(9) Rule of construction.--This Act may not be interpreted
to conflict with the Children's Gasoline Burn Prevention Act
(Public Law 110-278; 122 Stat. 2602).
(c) Children's Gasoline Burn Prevention Act.--
(1) Amendment.--Section 2(c) of the Children's Gasoline Burn
Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is
amended by inserting after ``for use by consumers'' the
following: ``and any receptacle for gasoline, kerosene, or
diesel fuel, including any spout, cap, and other closure
mechanism and component of such receptacle or any retrofit or
aftermarket spout or component intended or reasonably
anticipated to be for use with such receptacle, produced or
distributed for sale to or use by consumers for transport of, or
refueling of internal combustion engines with, gasoline,
kerosene, or diesel fuel''.
(2) Applicability.--The amendment made by paragraph (1)
shall take effect 6 months after the date of enactment of this
Act.
SEC. 902. <<NOTE: Don't Break Up the T-Band Act of 2020. 47 USC
609 note.>> DON'T BREAK UP THE T-BAND.
(a) Short Title.--This section may be cited as the ``Don't Break Up
the T-Band Act of 2020''.
(b) Repeal of Requirement to Reallocate and Auction T-Band
Spectrum.--
(1) Repeal.--Section 6103 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 6103.
(c) Clarifying Acceptable 9-1-1 Obligations or Expenditures.--
Section 6 of the Wireless Communications and Public Safety Act of 1999
(47 U.S.C. 615a-1) is amended--
(1) in subsection (f)--
(A) in paragraph (1), by striking ``as specified in
the provision of State or local law adopting the fee or
charge'' and inserting ``consistent with the purposes
and functions designated in the final rules issued under
paragraph (3) as purposes and functions for which the
obligation or expenditure of such a fee or charge is
acceptable'';
(B) in paragraph (2), by striking ``any purpose
other than the purpose for which any such fees or
charges are specified'' and inserting ``any purpose or
function other than the purposes and functions
designated in the final rules issued under paragraph (3)
as purposes and functions for which the obligation or
expenditure of any such fees or charges is acceptable'';
and
(C) by adding at the end the following:
``(3) Acceptable obligations or expenditures.--
``(A) <<NOTE: Deadline.>> Rules required.--In order
to prevent diversion of 9-1-1 fees or charges, the
Commission shall, not later than 180 days after the date
of the enactment of this paragraph, issue final rules
designating purposes and functions for which the
obligation or expenditure of 9-1-1 fees
[[Page 134 STAT. 3207]]
or charges, by any State or taxing jurisdiction
authorized to impose such a fee or charge, is
acceptable.
``(B) <<NOTE: Determination.>> Purposes and
functions.--The purposes and functions designated under
subparagraph (A) shall be limited to the support and
implementation of 9-1-1 services provided by or in the
State or taxing jurisdiction imposing the fee or charge
and operational expenses of public safety answering
points within such State or taxing jurisdiction. In
designating such purposes and functions, the Commission
shall consider the purposes and functions that States
and taxing jurisdictions specify as the intended
purposes and functions for the 9-1-1 fees or charges of
such States and taxing jurisdictions, and determine
whether such purposes and functions directly support
providing 9-1-1 services.
``(C) Consultation required.--The Commission shall
consult with public safety organizations and States and
taxing jurisdictions as part of any proceeding under
this paragraph.
``(D) Definitions.--In this paragraph:
``(i) 9-1-1 fee or charge.--The term `9-1-1
fee or charge' means a fee or charge applicable to
commercial mobile services or IP-enabled voice
services specifically designated by a State or
taxing jurisdiction for the support or
implementation of 9-1-1 services.
``(ii) 9-1-1 services.--The term `9-1-1
services' has the meaning given such term in
section 158(e) of the National Telecommunications
and Information Administration Organization Act
(47 U.S.C. 942(e)).
``(iii) State or taxing jurisdiction.--The
term `State or taxing jurisdiction' means a State,
political subdivision thereof, Indian Tribe, or
village or regional corporation serving a region
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
``(4) Participation.--If a State or taxing jurisdiction (as
defined in paragraph (3)(D)) receives a grant under section 158
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) after the date
of the enactment of this paragraph, such State or taxing
jurisdiction shall, as a condition of receiving such grant,
provide the information requested by the Commission to prepare
the report required by paragraph (2).
``(5) Petition regarding additional purposes and
functions.--
``(A) In general.--A State or taxing jurisdiction
(as defined in paragraph (3)(D)) may submit to the
Commission a petition for a determination that an
obligation or expenditure of a 9-1-1 fee or charge (as
defined in such paragraph) by such State or taxing
jurisdiction for a purpose or function other than a
purpose or function designated under paragraph (3)(A)
should be treated as such a purpose or function. If the
Commission finds that the State or taxing jurisdiction
has provided sufficient documentation to make the
demonstration described in subparagraph (B), the
Commission shall grant such petition.
[[Page 134 STAT. 3208]]
``(B) Demonstration described.--The demonstration
described in this subparagraph is a demonstration that
the purpose or function--
``(i) supports public safety answering point
functions or operations; or
``(ii) has a direct impact on the ability of a
public safety answering point to--
``(I) receive or respond to 9-1-1
calls; or
``(II) dispatch emergency
responders.''; and
(2) by adding at the end the following:
``(j) Severability Clause.--If any provision of this section or the
application thereof to any person or circumstance is held invalid, the
remainder of this section and the application of such provision to other
persons or circumstances shall not be affected thereby.''.
(d) <<NOTE: 47 USC 615a-1 note.>> Prohibition on 9-1-1 Fee or
Charge Diversion.--
(1) In general.--If the Commission obtains evidence that
suggests the diversion by a State or taxing jurisdiction of 9-1-
1 fees or charges, the Commission shall submit such information,
including any information regarding the impact of any
underfunding of 9-1-1 services in the State or taxing
jurisdiction, to the interagency strike force established under
paragraph (3).
(2) Report to congress.--Beginning with the first report
under section 6(f)(2) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) that is required to
be submitted after the date that is 1 year after the date of the
enactment of this Act, the Commission shall include in each
report required under such section all evidence that suggests
the diversion by a State or taxing jurisdiction of 9-1-1 fees or
charges, including any information regarding the impact of any
underfunding of 9-1-1 services in the State or taxing
jurisdiction.
(3) Interagency strike force to end 9-1-1 fee or charge
diversion.--
(A) <<NOTE: Deadline.>> Establishment.--Not later
than 180 days after the date of the enactment of this
Act, the Commission shall establish an interagency
strike force to study how the Federal Government can
most expeditiously end diversion by a State or taxing
jurisdiction of 9-1-1 fees or charges. Such interagency
strike force shall be known as the ``Ending 9-1-1 Fee
Diversion Now Strike Force'' (in this subsection
referred to as the ``Strike Force'').
(B) Duties.--In carrying out the study under
subparagraph (A), the Strike Force shall--
(i) determine the effectiveness of any Federal
laws, including regulations, policies, and
practices, or budgetary or jurisdictional
constraints regarding how the Federal Government
can most expeditiously end diversion by a State or
taxing jurisdiction of 9-1-1 fees or charges;
(ii) consider whether criminal penalties would
further prevent diversion by a State or taxing
jurisdiction of 9-1-1 fees or charges; and
(iii) determine the impacts of diversion by a
State or taxing jurisdiction of 9-1-1 fees or
charges.
[[Page 134 STAT. 3209]]
(C) Members.--The Strike Force shall be composed of
such representatives of Federal departments and agencies
as the Commission considers appropriate, in addition
to--
(i) State attorneys general;
(ii) States or taxing jurisdictions found not
to be engaging in diversion of 9-1-1 fees or
charges;
(iii) States or taxing jurisdictions trying to
stop the diversion of 9-1-1 fees or charges;
(iv) State 9-1-1 administrators;
(v) public safety organizations;
(vi) groups representing the public and
consumers; and
(vii) groups representing public safety
answering point professionals.
(D) <<NOTE: Web posting.>> Report to congress.--Not
later than 270 days after the date of the enactment of
this Act, the Strike Force shall publish on the website
of the Commission and submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the findings of the study under
this paragraph, including--
(i) <<NOTE: Recommenda- tions.>> any
recommendations regarding how to most
expeditiously end the diversion by a State or
taxing jurisdiction of 9-1-1 fees or charges,
including actions that can be taken by Federal
departments and agencies and appropriate changes
to law or regulations; and
(ii) a description of what progress, if any,
relevant Federal departments and agencies have
made in implementing the recommendations under
clause (i).
(4) Failure to comply.--Notwithstanding any other provision
of law, any State or taxing jurisdiction identified by the
Commission in the report required under section 6(f)(2) of the
Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
615a-1(f)(2)) as engaging in diversion of 9-1-1 fees or charges
shall be ineligible to participate or send a representative to
serve on any committee, panel, or council established under
section 6205(a) of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee
established by the Commission.
(e) <<NOTE: 47 USC 615a-1 note.>> Rule of Construction.--Nothing in
this Act, the Wireless Communications and Public Safety Act of 1999
(Public Law 106-81), or the Communications Act of 1934 (47 U.S.C. 151 et
seq.) shall be construed to prevent a State or taxing jurisdiction from
requiring an annual audit of the books and records of a provider of 9-1-
1 services concerning the collection and remittance of a 9-1-1 fee or
charge.
(f) <<NOTE: 47 USC 615a-1 note.>> Definitions.--In this Act:
(1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge''
has the meaning given such term in subparagraph (D) of paragraph
(3) of section 6(f) of the Wireless Communications and Public
Safety Act of 1999, as added by this Act.
(2) 9-1-1 services.--The term ``9-1-1 services'' has the
meaning given such term in section 158(e) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942(e)).
[[Page 134 STAT. 3210]]
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Diversion.--The term ``diversion'' means, with respect
to a 9-1-1 fee or charge, the obligation or expenditure of such
fee or charge for a purpose or function other than the purposes
and functions designated in the final rules issued under
paragraph (3) of section 6(f) of the Wireless Communications and
Public Safety Act of 1999, as added by this Act, as purposes and
functions for which the obligation or expenditure of such a fee
or charge is acceptable.
(5) State or taxing jurisdiction.--The term ``State or
taxing jurisdiction'' has the meaning given such term in
subparagraph (D) of paragraph (3) of section 6(f) of the
Wireless Communications and Public Safety Act of 1999, as added
by this Act.
SEC. 903. <<NOTE: Advancing Critical Connectivity Expands Service,
Small Business Resources, Opportunities,
Access, and Data Based on Assessed Need
and Demand Act. 47 USC
1307. Deadline.>> OFFICE OF INTERNET
CONNECTIVITY AND GROWTH.
(a) Short Title.--This section may be cited as the ``Advancing
Critical Connectivity Expands Service, Small Business Resources,
Opportunities, Access, and Data Based on Assessed Need and Demand Act''
or the ``ACCESS BROADBAND Act''.
(b) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary shall establish the
Office of Internet Connectivity and Growth within the National
Telecommunications and Information Administration.
(c) Duties.--
(1) Outreach.--The Office shall--
(A) connect with communities that need access to
high-speed internet and improved digital inclusion
efforts through various forms of outreach and
communication techniques;
(B) hold regional workshops across the country to
share best practices and effective strategies for
promoting broadband access and adoption;
(C) develop targeted broadband training and
presentations for various demographic communities
through various media;
(D) develop and distribute publications (including
toolkits, primers, manuals, and white papers) providing
guidance, strategies, and insights to communities as the
communities develop strategies to expand broadband
access and adoption; and
(E) as applicable in carrying out subparagraphs (A)
through (D), coordinate with State agencies that provide
similar broadband investments, outreach, and
coordination through Federal programs.
(2) Tracking of federal dollars.--
(A) Broadband infrastructure.--The Office shall
track the construction and use of and access to any
broadband infrastructure built using any Federal support
in a central database.
(B) Accounting mechanism.--The Office shall develop
a streamlined accounting mechanism by which any agency
offering a Federal broadband support program and the
Commission for any Universal Service Fund Program shall
provide the information described in subparagraph (A) in
a standardized and efficient fashion.
[[Page 134 STAT. 3211]]
(C) <<NOTE: Public information. Web posting.>>
Report.--Not later than 1 year after the date of the
enactment of this Act, and every year thereafter, the
Office shall make public on the website of the Office
and submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the following:
(i) A description of the work of the Office
for the previous year and the number of residents
of the United States that received broadband as
result of Federal broadband support programs and
the Universal Service Fund Programs.
(ii) A description of how many residents of
the United States were provided broadband by which
universal service mechanism or which Federal
broadband support program.
(iii) <<NOTE: Estimate.>> An estimate of the
economic impact of such broadband deployment
efforts on local economies, including any effect
on small businesses or jobs.
(d) Relation to Current Broadband Activities of NTIA.--
The <<NOTE: Assignment.>> Assistant Secretary shall assign to the
Office all activities performed by the National Telecommunications and
Information Administration as of the date of the enactment of this Act
that are similar to the activities required to be conducted by the
Office under this Act.
(e) Streamlined Applications for Support.--
(1) <<NOTE: Consultation.>> Agency consultation.--The
Office shall consult with any agency offering a Federal
broadband support program to streamline and standardize the
applications process for financial assistance or grants for such
program.
(2) Agency streamlining.--Any agency offering a Federal
broadband support program shall amend the applications of the
agency for broadband support, to the extent practicable and as
necessary, to streamline and standardize applications for
Federal broadband support programs across the Government.
(3) Single application.--To the greatest extent practicable,
the Office shall seek to create one application that may be
submitted to apply for all, or substantially all, Federal
broadband support programs.
(4) <<NOTE: Deadline.>> Website required.--Not later than
180 days after the date of the enactment of this Act, the Office
shall create a central website through which potential
applicants can learn about and apply for support through any
Federal broadband support program.
(f) Coordination of Support.--
(1) In general.--To ensure that Federal support for
broadband deployment is being distributed in an efficient,
technology-neutral, and financially sustainable manner, and that
a program does not duplicate any other Federal broadband support
program or any Universal Service Fund high-cost program--
(A) any agency that offers a Federal broadband
support program shall coordinate with the Office
consistent with the goals described in paragraph (2);
and
(B) the Office, with respect to Federal broadband
support programs, and the Commission, with respect to
the
[[Page 134 STAT. 3212]]
Universal Service Fund high-cost programs, shall
coordinate with each other consistent with the goals
described in paragraph (2).
(2) Goals.--The goals of any coordination conducted pursuant
to this subsection are the following:
(A) Serving the largest number of unserved locations
in the United States and ensuring all residents of the
United States have access to high-speed broadband.
(B) Promoting the most job and economic growth for
all residents of the United States.
(3) <<NOTE: Consultation.>> Broadband availability maps.--
The Office and the Commission shall consult the broadband
availability maps produced by the Commission when coordinating
under paragraph (1).
(g) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Federal broadband support program.--The term ``Federal
broadband support program'' does not include any Universal
Service Fund Program and means any of the following programs (or
any other similar Federal program) to the extent the program
offers broadband internet service, support for broadband
deployment, or programs for promoting broadband access and
adoption for various demographic communities through various
media for residential, commercial, community providers, or
academic establishments:
(A) The Telecommunications and Technology Program of
the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure Loan and
Loan Guarantee Program established under the Rural
Electrification Act of 1936, the rural broadband access
program established under title VI of that Act (7 U.S.C.
950bb et seq.), the initiative under section 306F of
that Act (7 U.S.C. 936f), the Community Connect Grant
Program established under section 604 of that Act (7
U.S.C. 950bb-3), the broadband loan and grant pilot
program authorized under section 779 of division A of
the Consolidated Appropriations Act, 2018 (Public Law
115-141; 132 Stat. 399) (commonly known as the ``Rural
eConnectivity Pilot Program'' or the ``ReConnect
Program''), and the Distance Learning and Telemedicine
Program under chapter 1 of subtitle D of title XXIII of
the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 950aaa et seq.).
(C) Community facility direct and guaranteed loans
under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)), community facility
grants under paragraph (19), (20), or (21) of section
306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)), and the Rural Community
Development Initiative authorized under the heading
``Rural Housing Service--Rural Community Facilities
Program Account'' under title III of division B of the
Further Consolidated
[[Page 134 STAT. 3213]]
Appropriations Act, 2020 (Public Law 116-94; 133 Stat.
2629).
(D) The Public Works and Economic Adjustment
Assistance Programs and the Planning and Local Technical
Assistance Programs of the Economic Development
Administration of the Department of Commerce.
(E) The Community Development Block Grants and
Section 108 Loan Guarantees Programs, the Funds for
Public Housing Authorities: Capital Fund and Operating
Fund, the Multifamily Housing Programs, the Indian
Community Development Block Grant Program, the Indian
Housing Block Grant Program, the Title VI Loan Guarantee
Program, the Choice Neighborhoods Program, the HOME
Investment Partnerships Program, the Housing Trust Fund,
and the Housing Opportunities for Persons with AIDS
Program of the Department of Housing and Urban
Development.
(F) The American Job Centers of the Employment and
Training Administration of the Department of Labor.
(G) The Library Services and Technology Grant
Programs of the Institute of Museum and Library
Services.
(5) Office.--The term ``Office'' means the Office of
Internet Connectivity and Growth established pursuant to
subsection (b).
(6) Universal service fund high-cost programs.--The term
``Universal Service Fund high-cost programs'' means--
(A) the program for Universal Service Support for
High-Cost Areas set forth under subpart D of part 54 of
title 47, Code of Federal Regulations, or any successor
thereto;
(B) the Rural Digital Opportunity Fund set forth
under subpart J of part 54 of title 47, Code of Federal
Regulations, or any successor thereto;
(C) the Interstate Common Line Support Mechanism for
Rate-of-Return Carriers set forth under subpart K of
part 54 of title 47, Code of Federal Regulations, or any
successor thereto;
(D) the Mobility Fund and 5G Fund set forth under
subpart L of part 54 of title 47, Code of Federal
Regulations, or any successor thereto; and
(E) the High Cost Loop Support for Rate-of-Return
Carriers program set forth under subpart M of part 54 of
title 47, Code of Federal Regulations, or any successor
thereto.
(7) Universal service fund program.--The term ``Universal
Service Fund Program'' means any program authorized under
section 254 of the Communications Act of 1934 (47 U.S.C. 254) to
help deploy broadband.
(8) Universal service mechanism.--The term ``universal
service mechanism'' means any funding stream provided by a
Universal Service Fund Program to support broadband access.
(h) Rule of Construction.--Nothing in this Act is intended to alter
or amend any provision of section 254 of the Communications Act of 1934
(47 U.S.C. 254).
[[Page 134 STAT. 3214]]
SEC. 904. <<NOTE: Broadband Interagency Coordination Act of
2020. Contracts. 47 USC 1308.>>
INTERAGENCY AGREEMENT.
(a) Short Title.--This section may be cited as the ``Broadband
Interagency Coordination Act of 2020''.
(b) Interagency Agreement.--
(1) Definitions.--In this Act--
(A) the term ``covered agency'' means--
(i) the Federal Communications Commission;
(ii) the Department of Agriculture; and
(iii) the National Telecommunications and
Information Administration; and
(B) the term ``high-cost programs'' means--
(i) the program for Universal Service Support
for High-Cost Areas set forth under subpart D of
part 54 of title 47, Code of Federal Regulations,
or any successor thereto;
(ii) the Rural Digital Opportunity Fund set
forth under subpart J of part 54 of title 47, Code
of Federal Regulations, or any successor thereto;
(iii) the Interstate Common Line Support
Mechanism for Rate-of-Return Carriers set forth
under subpart K of part 54 of title 47, Code of
Federal Regulations, or any successor thereto;
(iv) the Mobility Fund and 5G Fund set forth
under subpart L of part 54 of title 47, Code of
Federal Regulations, or any successor thereto; and
(v) the High Cost Loop Support for Rate-of-
Return Carriers program set forth under subpart M
of part 54 of title 47, Code of Federal
Regulations, or any successor thereto.
(2) <<NOTE: Deadline.>> Interagency agreement.--Not later
than 180 days after the date of enactment of this Act, the heads
of the covered agencies shall enter into an interagency
agreement requiring coordination between the covered agencies
for the distribution of funds for broadband deployment under--
(A) the high-cost programs;
(B) the programs administered by the Rural Utilities
Service of the Department of Agriculture and the
Department of Agriculture; and
(C) the programs administered by or coordinated
through the National Telecommunications and Information
Administration.
(3) Requirements.--In entering into an interagency agreement
with respect to the programs described in paragraph (2), the
heads of the covered agencies shall--
(A) require that the covered agencies share
information with each other about existing or planned
projects that have received or will receive funds under
the programs described in paragraph (2) for new
broadband deployment;
(B) provide that--
(i) subject to clause (ii), upon request from
another covered agency with authority to award or
authorize any funds for new broadband deployment
in a project area, a covered agency shall provide
the other covered agency with any information the
covered agency possesses regarding, with respect
to the project area--
(I) each entity that provides
broadband service in the area;
[[Page 134 STAT. 3215]]
(II) levels of broadband service
provided in the area, including the
speed of broadband service and the
technology provided;
(III) the geographic scope of
broadband service coverage in the area;
and
(IV) each entity that has received
or will receive funds under the programs
described in paragraph (2) to provide
broadband service in the area; and
(ii) if a covered agency designates any
information provided to another covered agency
under clause (i) as confidential, the other
covered agency shall protect the confidentiality
of that information;
(C) consider basing the distribution of funds for
broadband deployment under the programs described in
paragraph (2) on standardized data regarding broadband
coverage; and
(D) provide that the interagency agreement shall be
updated periodically, except that the scope of the
agreement with respect to the Federal Communications
Commission may not expand beyond the high-cost programs.
(4) Assessment of agreement.--
(A) <<NOTE: Deadline.>> Public comment.--Not later
than 1 year after entering into the interagency
agreement required under paragraph (2), the Federal
Communications Commission shall seek public comment on--
(i) the effectiveness of the interagency
agreement in facilitating efficient use of funds
for broadband deployment;
(ii) the availability of Tribal, State, and
local data regarding broadband deployment and the
inclusion of that data in interagency
coordination; and
(iii) modifications to the interagency
agreement that would improve the efficacy of
interagency coordination.
(B) Assessment; report.--Not later than 18 months
after the date of enactment of this Act, the Federal
Communications Commission shall--
(i) <<NOTE: Review.>> review and assess the
comments received under subparagraph (A); and
(ii) submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report detailing any findings
and recommendations from the assessment conducted
under clause (i).
SEC. 905. <<NOTE: Beat China by Harnessing Important, National
Airwaves for 5G Act of 2020. 47 USC 921
note.>> REALLOCATION AND AUCTION OF
3450-3550 MHZ SPECTRUM BAND.
(a) Short Title.--This section may be cited as the ``Beat China by
Harnessing Important, National Airwaves for 5G Act of 2020'' or the
``Beat CHINA for 5G Act of 2020''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Federal Communications
Commission; and
[[Page 134 STAT. 3216]]
(2) the term ``covered band'' means the band of
electromagnetic spectrum between the frequencies of 3450
megahertz and 3550 megahertz, inclusive.
(c) <<NOTE: Deadlines.>> Withdrawal or Modification of Federal
Government Assignments.--The President, acting through the Assistant
Secretary of Commerce for Communications and Information, shall--
(1) <<NOTE: Coordination.>> not later than 180 days after
the date of enactment of this Act, in coordination with relevant
Federal users, begin the process of withdrawing or modifying the
assignments to Federal Government stations of the covered band
as necessary for the Commission to comply with subsection (d);
and
(2) not later than 30 days after completing any necessary
withdrawal or modification under paragraph (1), notify the
Commission that the withdrawal or modification is complete.
(d) Reallocation and Auction.--
(1) In general.--The Commission shall--
(A) revise the non-Federal allocation for the
covered band to permit flexible-use services; and
(B) notwithstanding paragraph (15)(A) of section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), not later than December 31, 2021, begin a
system of competitive bidding under that section to
grant new initial licenses for the use of a portion or
all of the covered band, subject to flexible-use service
rules.
(2) Exemption from notification requirement.--The first
sentence of section 113(g)(4)(A) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to the
system of competitive bidding required under paragraph (1)(B) of
this subsection.
(3) Proceeds to cover 110 percent of federal relocation or
sharing costs.--Nothing in paragraph (1) shall be construed to
relieve the Commission from the requirements of section
309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
TITLE X--BANKRUPTCY RELIEF
SEC. 1001. BANKRUPTCY RELIEF.
(a) Property of the Estate.--
(1) In general.--Section 541(b) of title 11, United States
Code, is amended--
(A) in paragraph (9), in the matter following
subparagraph (B), by striking ``or'';
(B) in paragraph (10)(C), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (10) the following:
``(11) recovery rebates made under section 6428 of the
Internal Revenue Code of 1986.''.
(2) <<NOTE: 11 USC 541 note.>> Sunset.--Effective on the
date that is 1 year after the date of enactment of this Act,
section 541(b) of title 11, United States Code, is amended--
(A) in paragraph (9), in the matter following
subparagraph (B), by adding ``or'' at the end;
(B) in paragraph (10)(C), by striking ``; or'' and
inserting a period; and
[[Page 134 STAT. 3217]]
(C) by striking paragraph (11).
(b) Discharge.--
(1) In general.--Section 1328 of title 11, United States
Code, is amended by adding at the end the following:
``(i) Subject to subsection (d), after notice and a hearing, the
court may grant a discharge of debts dischargeable under subsection (a)
to a debtor who has not completed payments to the trustee or a creditor
holding a security interest in the principal residence of the debtor
if--
``(1) the debtor defaults on not more than 3 monthly
payments due on a residential mortgage under section 1322(b)(5)
on or after March 13, 2020, to the trustee or creditor caused by
a material financial hardship due, directly or indirectly, by
the coronavirus disease 2019 (COVID-19) pandemic; or
``(2)(A) the plan provides for the curing of a default and
maintenance of payments on a residential mortgage under section
1322(b)(5); and
``(B) the debtor has entered into a forbearance agreement or
loan modification agreement with the holder or servicer (as
defined in section 6(i) of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2605(i)) of the mortgage described in
subparagraph (A).''.
(2) Sunset.--Effective on the date that is 1 year after the
date of enactment of this Act, section 1328 of title 11, United
States Code, is amended <<NOTE: 11 USC 1328 note.>> by striking
subsection (i).
(c) Protection Against Discriminatory Treatment.--
(1) In general.--Section 525 of title 11, United States
Code, is amended by adding at the end the following:
``(d) A person may not be denied relief under sections 4022 through
4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) because the person is
or has been a debtor under this title.''.
(2) <<NOTE: 11 USC 525 note.>> Sunset.--Effective on the
date that is 1 year after the date of enactment of this Act,
section 525 of title 11, United States Code, is amended by
striking subsection (d).
(d) CARES Forbearance Claims.--
(1) Filing of proofs of claims or interests.--Section 501 of
title 11, United States Code, is amended by adding at the end
the following:
``(f)(1) <<NOTE: Definitions.>> In this subsection--
``(A) the term `CARES forbearance claim' means a
supplemental claim for the amount of a Federally backed mortgage
loan or a Federally backed multifamily mortgage loan that was
not received by an eligible creditor during the forbearance
period of a loan granted forbearance under section 4022 or 4023
of the CARES Act (15 U.S.C. 9056, 9057);
``(B) the term `eligible creditor' means a servicer (as
defined in section 6(i) of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2605(i)) with a claim for a Federally
backed mortgage loan or a Federally backed multifamily mortgage
loan of the debtor that is provided for by a plan under section
1322(b)(5);
``(C) the term `Federally backed mortgage loan' has the
meaning given the term in section 4022(a) of the CARES Act (15
U.S.C. 9056(a)); and
``(D) the term `Federally backed multifamily mortgage loan'
has the meaning given the term in section 4023(f) of the CARES
Act (15 U.S.C. 9057(f)).
[[Page 134 STAT. 3218]]
``(2)(A) Only an eligible creditor may file a supplemental proof of
claim for a CARES forbearance claim.
``(B) If an underlying mortgage loan obligation has been modified or
deferred by an agreement of the debtor and an eligible creditor of the
mortgage loan in connection with a mortgage forbearance granted under
section 4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057) in order to
cure mortgage payments forborne under the forbearance, the proof of
claim filed under subparagraph (A) shall include--
``(i) the relevant terms of the modification or deferral;
``(ii) for a modification or deferral that is in writing, a
copy of the modification or deferral; and
``(iii) a description of the payments to be deferred until
the date on which the mortgage loan matures.''.
(2) Allowance of claims or interests.--Section 502(b)(9) of
title 11, United States Code, is amended to read as follows:
``(9) <<NOTE: Time periods.>> proof of such claim is not
timely filed, except to the extent tardily filed as permitted
under paragraph (1), (2), or (3) of section 726(a) or under the
Federal Rules of Bankruptcy Procedure, except that--
``(A) a claim of a governmental unit shall be timely
filed if it is filed before 180 days after the date of
the order for relief or such later time as the Federal
Rules of Bankruptcy Procedure may provide;
``(B) in a case under chapter 13, a claim of a
governmental unit for a tax with respect to a return
filed under section 1308 shall be timely if the claim is
filed on or before the date that is 60 days after the
date on which such return was filed as required; and
``(C) a CARES forbearance claim (as defined in
section 501(f)(1)) shall be timely filed if the claim is
filed before the date that is 120 days after the
expiration of the forbearance period of a loan granted
forbearance under section 4022 or 4023 of the CARES Act
(15 U.S.C. 9056, 9057).''.
(3) <<NOTE: 11 USC 501 note.>> Sunset.--Effective on the
date that is 1 year after the date of enactment of this Act--
(A) section 501 of title 11, United States Code, is
amended by striking subsection (f); and
(B) section 502(b)(9) of title 11, United States
Code, is amended--
(i) in subparagraph (A), by adding ``and'' at
the end;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C).
(e) Modification of Plan After Confirmation.--
(1) In general.--Section 1329 of title 11, United States
Code, is amended by adding at the end the following:
``(e)(1) A debtor of a case for which a creditor files a proof of
claim under section 501(f) may file a request for a modification of the
plan to provide for the proof of claim.
``(2) If the debtor does not file a request for a modification of
the plan under paragraph (1) on or before the date that is 30 days after
the date on which a creditor files a claim under section 501(f), after
notice, the court, on a motion of the court
[[Page 134 STAT. 3219]]
or on a motion of the United States trustee, the trustee, a bankruptcy
administrator, or any party in interest, may request a modification of
the plan to provide for the proof of claim.''.
(2) <<NOTE: 11 USC 1329 note.>> Sunset.--Effective on the
date that is 1 year after the date of enactment of this Act,
section 1329 of title 11, United States Code, is amended by
striking subsection (e).
(f) Executory Contracts and Unexpired Leases.--
(1) In general.--Section 365(d) of title 11, United States
Code, is amended--
(A) in paragraph (3)--
(i) by inserting ``(A)'' after ``(3)'';
(ii) by inserting ``, except as provided in
subparagraph (B)'' after ``such 60-day period'';
and
(iii) by adding at the end the following:
``(B) <<NOTE: Time periods.>> In a case under subchapter V of
chapter 11, the time for performance of an obligation described in
subparagraph (A) arising under any unexpired lease of nonresidential
real property may be extended by the court if the debtor is experiencing
or has experienced a material financial hardship due, directly or
indirectly, to the coronavirus disease 2019 (COVID-19) pandemic until
the earlier of--
``(i) <<NOTE: Determination.>> the date that is 60 days
after the date of the order for relief, which may be extended by
the court for an additional period of 60 days if the court
determines that the debtor is continuing to experience a
material financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID-19) pandemic; or
``(ii) the date on which the lease is assumed or rejected
under this section.
``(C) An obligation described in subparagraph (A) for which an
extension is granted under subparagraph (B) shall be treated as an
administrative expense described in section 507(a)(2) for the purpose of
section 1191(e).''; and
(B) in paragraph (4), by striking ``120'' each place
it appears and inserting ``210''.
(2) Sunset.--
(A) In general.--Effective on the date that is 2
years after the date of enactment of this Act, section
365(d) of title 11, United States Code, <<NOTE: 11 USC
365 note.>> is amended--
(i) in paragraph (3)--
(I) by striking ``(A)'' after
``(3)'';
(II) by striking ``, except as
provided in subparagraph (B)'' after
``such 60-day period''; and
(III) by striking subparagraphs (B)
and (C); and
(ii) in paragraph (4), by striking ``210''
each place it appears and inserting ``120''.
(B) <<NOTE: 11 USC 365 note.>> Subchapter v cases
filed before sunset.--Notwithstanding the amendments
made by subparagraph (A), the amendments made by
paragraph (1) shall apply in any case commenced under
subchapter V of chapter 11 of title 11, United States
Code, before the date that is 2 years after the date of
enactment of this Act.
(g) Preferences.--
(1) In general.--Section 547 of title 11, United States
Code, is amended--
[[Page 134 STAT. 3220]]
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``and (i)'' and inserting ``,
(i), and (j)''; and
(B) by adding at the end the following:
``(j)(1) <<NOTE: Definitions.>> In this subsection:
``(A) The term `covered payment of rental arrearages' means
a payment of arrearages that--
``(i) is made in connection with an agreement or
arrangement--
``(I) between the debtor and a lessor to defer
or postpone the payment of rent and other periodic
charges under a lease of nonresidential real
property; and
``(II) made or entered into on or after March
13, 2020;
``(ii) does not exceed the amount of rental and
other periodic charges agreed to under the lease of
nonresidential real property described in clause (i)(I)
before March 13, 2020; and
``(iii) does not include fees, penalties, or
interest in an amount greater than the amount of fees,
penalties, or interest--
``(I) scheduled to be paid under the lease of
nonresidential real property described in clause
(i)(I); or
``(II) that the debtor would owe if the debtor
had made every payment due under the lease of
nonresidential real property described in clause
(i)(I) on time and in full before March 13, 2020.
``(B) The term `covered payment of supplier arrearages'
means a payment of arrearages that--
``(i) is made in connection with an agreement or
arrangement--
``(I) between the debtor and a supplier of
goods or services to defer or postpone the payment
of amounts due under an executory contract for
goods or services; and
``(II) made or entered into on or after March
13, 2020;
``(ii) does not exceed the amount due under the
executory contract described in clause (i)(I) before
March 13, 2020; and
``(iii) does not include fees, penalties, or
interest in an amount greater than the amount of fees,
penalties, or interest--
``(I) scheduled to be paid under the executory
contract described in clause (i)(I); or
``(II) that the debtor would owe if the debtor
had made every payment due under the executory
contract described in clause (i)(I) on time and in
full before March 13, 2020.
``(2) The trustee may not avoid a transfer under this section for--
``(A) a covered payment of rental arrearages; or
``(B) a covered payment of supplier arrearages.''.
(2) Sunset.--
(A) In general.--Effective on the date that is 2
years after the date of enactment of this Act, section
547 of title 11, United States Code, <<NOTE: 11 USC 547
note.>> is amended--
[[Page 134 STAT. 3221]]
(i) in subsection (b), in the matter preceding
paragraph (1), by striking ``, (i), and (j)'' and
inserting ``and (i)''; and
(ii) by striking subsection (j).
(B) <<NOTE: 11 USC 547 note.>> Cases filed before
sunset.--Notwithstanding the amendments made by
subparagraph (A), the amendments made by paragraph (1)
shall apply in any case commenced under title 11, United
States Code, before the date that is 2 years after the
date of enactment of this Act.
(h) Termination of Utility Services.--
(1) In general.--Section 366 of title 11, United States
Code, is amended by adding at the end the following:
``(d) Notwithstanding any other provision of this section, a utility
may not alter, refuse, or discontinue service to a debtor who does not
furnish adequate assurance of payment under this section if the debtor--
``(1) is an individual;
``(2) makes a payment to the utility for any debt owed to
the utility for service provided during the 20-day period
beginning on the date of the order for relief; and
``(3) after the date on which the 20-day period beginning on
the date of the order for relief ends, makes a payment to the
utility for services provided during the pendency of case when
such a payment becomes due.''.
(2) Sunset.--Effective on the date that is 1 year after the
date of enactment of this Act, section 366 of title 11, United
States Code, <<NOTE: 11 USC 366 note.>> is amended by striking
subsection (d).
(i) Customs Duties.--
(1) In general.--Section 507(d) of title 11, United States
Code, is amended--
(A) by striking ``, (a)(8)'';
(B) by inserting ``or subparagraphs (A) through (E)
and (G) of subsection (a)(8)'' after ``(a)(9)''; and
(C) inserting ``or subparagraph'' after ``such
subsection''.
(2) Sunset.--Effective on the date that is 1 year after the
date of enactment of this Act, section 507(d) of title 11,
United States Code, <<NOTE: 11 USC 507 note.>> is amended--
(A) by inserting ``, (a)(8)'' before ``, or
(a)(9)'';
(B) by striking ``or subparagraphs (A) through (E)
and (G) of subsection (a)(8)''; and
(C) by striking ``or subparagraph'' after ``such
subsection''.
TITLE XI--WESTERN WATER AND INDIAN AFFAIRS
SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.
Section 9603 of the Omnibus Public Land Management Act of 2009 (43
U.S.C. 510b) is amended by adding at the end the following:
``(d) Aging Infrastructure Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a special account, to be known as the
`Aging Infrastructure Account' (referred to in this subsection
as the `Account'), to provide funds to, and provide for the
[[Page 134 STAT. 3222]]
extended repayment of the funds by, a transferred works
operating entity or project beneficiary responsible for
repayment of reimbursable costs for the conduct of extraordinary
operation and maintenance work at a project facility, which
shall consist of--
``(A) any amounts that are specifically appropriated
to the Account under section 9605; and
``(B) any amounts deposited in the Account under
paragraph (3)(B).
``(2) Expenditures.--Subject to paragraphs (3) and (6), the
Secretary may expend amounts in the Account to fund and provide
for extended repayment of the funds for eligible projects
identified in a report submitted under paragraph (5)(B).
``(3) Repayment contract.--
``(A) In general.--The Secretary may not expend
amounts under paragraph (2) with respect to an eligible
project described in that paragraph unless the
transferred works operating entity or project
beneficiary responsible for repayment of reimbursable
costs has entered into a contract to repay the amounts
under subsection (b)(2).
``(B) Deposit of repaid funds.--Amounts repaid by a
transferred works operating entity or project
beneficiary responsible for repayment of reimbursable
costs receiving funds under a repayment contract entered
into under this subsection shall be deposited in the
Account and shall be available to the Secretary for
expenditure, subject to paragraph (6), in accordance
with this subsection, and without further appropriation.
``(4) Application for funding.--
``(A) <<NOTE: Effective date. Time period.>> In
general.--Beginning with fiscal year 2022, not less than
once per fiscal year, the Secretary shall accept, during
an application period established by the Secretary,
applications from transferred works operating entities
or project beneficiaries responsible for payment of
reimbursable costs for funds and extended repayment for
eligible projects.
``(B) Eligible project.--A project eligible for
funding and extended repayment under this subsection is
a project that--
``(i) qualifies as an extraordinary operation
and maintenance work under this section;
``(ii) is for the major, non-recurring
maintenance of a mission-critical asset; and
``(iii) is not eligible to be carried out or
funded under the repayment provisions of section
4(c) of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 508(c)).
``(C) <<NOTE: Deadline.>> Guidelines for
applications.--Not later than 60 days after the date of
enactment of this subsection, the Secretary shall issue
guidelines describing the information required to be
provided in an application for funds and extended
repayment under this subsection that require, at a
minimum--
``(i) a description of the project for which
the funds are requested;
``(ii) the amount of funds requested;
[[Page 134 STAT. 3223]]
``(iii) the repayment period requested by the
transferred works operating entity or project
beneficiary responsible for repayment of
reimbursable costs;
``(iv) alternative non-Federal funding options
that have been evaluated;
``(v) the financial justification for
requesting an extended repayment period; and
``(vi) the financial records of the
transferred works operating entity or project
beneficiary responsible for repayment of
reimbursable costs.
``(D) <<NOTE: Determinations.>> Review by the
secretary.--The Secretary shall review each application
submitted under subparagraph (A)--
``(i) to determine whether the project is
eligible for funds and an extended repayment
period under this subsection;
``(ii) to determine if the project has been
identified by the Bureau of Reclamation as part of
the major rehabilitation and replacement of a
project facility; and
``(iii) <<NOTE: Analysis.>> to conduct a
financial analysis of--
``(I) the project; and
``(II) repayment capability of the
transferred works operating entity or
project beneficiary responsible for
repayment of reimbursable costs.
``(5) Report.--Not later than 90 days after the date on
which an application period closes under paragraph (4)(A), the
Secretary shall submit to the Committees on Energy and Natural
Resources and Appropriations of the Senate and the Committees on
Natural Resources and Appropriations of the House of
Representatives a report that--
``(A) describes the results of the Secretary's
review of each application under paragraph (4)(D),
including a determination of whether the project is
eligible;
``(B) identifies each project eligible for funds and
extended repayment under this subsection;
``(C) with respect to each eligible project
identified under subparagraph (B), includes--
``(i) a description of--
``(I) the eligible project;
``(II) the anticipated cost and
duration of the eligible project;
``(III) any remaining engineering or
environmental compliance that is
required before the eligible project
commences;
``(IV) <<NOTE: Recommenda- tions.>>
any recommendations the Secretary may
have concerning the plan or design of
the project; and
``(V) any conditions the Secretary
may require for construction of the
project;
``(ii) an analysis of--
``(I) the repayment period proposed
in the application; and
``(II) <<NOTE: Recommenda- tions.>>
if the Secretary recommends a minimum
necessary repayment period that is
different than the repayment period
proposed in the application,
[[Page 134 STAT. 3224]]
the minimum necessary repayment period
recommended by the Secretary; and
``(iii) <<NOTE: Analysis.>> an analysis of
alternative non-Federal funding options;
``(D) describes the allocation of funds from
deposits into the Account under paragraph (3)(B); and
``(E) describes the balance of funds in the Account
as of the date of the report.
``(6) Alternative allocation.--
``(A) In general.--Appropriations Acts may provide
for alternate allocation of amounts reported pursuant to
paragraph (5)(D) that are made available under this
subsection.
``(B) Allocation by secretary.--
``(i) No alternate allocations.--If Congress
has not enacted legislation establishing alternate
allocations by the date on which the Act making
full-year appropriations for energy and water
development and related agencies for the
applicable fiscal year is enacted into law,
amounts made available under paragraph (1) shall
be allocated by the Secretary.
``(ii) Insufficient alternate allocations.--If
Congress enacts legislation establishing alternate
allocations for amounts made available under
paragraph (1) that are less than the full amount
appropriated under that paragraph, the difference
between the amount appropriated and the alternate
allocation shall be allocated by the Secretary.
``(7) Effect of subsection.--Nothing in this subsection
affects--
``(A) any funding provided, or contracts entered
into, under subsection (a) before the date of enactment
of this subsection; or
``(B) the use of funds otherwise made available to
the Secretary to carry out subsection (a).''.
SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.
(a) Purposes.--The purposes of this section are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the State of Utah for--
(A) the Navajo Nation; and
(B) the United States, for the benefit of the
Nation;
(2) to authorize, ratify, and confirm the agreement entered
into by the Nation and the State, to the extent that the
agreement is consistent with this section;
(3) to authorize and direct the Secretary--
(A) to execute the agreement; and
(B) to take any actions necessary to carry out the
agreement in accordance with this section; and
(4) to authorize funds necessary for the implementation of
the agreement and this section.
(b) Definitions.--In this section:
(1) Agreement.--The term ``agreement'' means--
(A) the document entitled ``Navajo Utah Water Rights
Settlement Agreement'' dated December 14, 2015, and the
exhibits attached thereto; and
[[Page 134 STAT. 3225]]
(B) any amendment or exhibit to the document or
exhibits referenced in subparagraph (A) to make the
document or exhibits consistent with this section.
(2) Allotment.--The term ``allotment'' means a parcel of
land--
(A) granted out of the public domain that is--
(i) located within the exterior boundaries of
the Reservation; or
(ii) Bureau of Indian Affairs parcel number
792 634511 in San Juan County, Utah, consisting of
160 acres located in Township 41S, Range 20E,
sections 11, 12, and 14, originally set aside by
the United States for the benefit of an individual
identified in the allotting document as a Navajo
Indian; and
(B) held in trust by the United States--
(i) for the benefit of an individual,
individuals, or an Indian Tribe other than the
Navajo Nation; or
(ii) in part for the benefit of the Navajo
Nation as of the enforceability date.
(3) Allottee.--The term ``allottee'' means an individual or
Indian Tribe with a beneficial interest in an allotment held in
trust by the United States.
(4) Enforceability date.--The term ``enforceability date''
means the date on which the Secretary publishes in the Federal
Register the statement of findings described in subsection
(g)(1).
(5) General stream adjudication.--The term ``general stream
adjudication'' means the adjudication pending, as of the date of
enactment of this Act, in the Seventh Judicial District in and
for Grand County, State of Utah, commonly known as the
``Southeastern Colorado River General Adjudication'', Civil No.
810704477, conducted pursuant to State law.
(6) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of water rights under Federal or State law,
excluding injuries to water quality.
(7) Member.--The term ``member'' means any person who is a
duly enrolled member of the Navajo Nation.
(8) Navajo nation or nation.--The term ``Navajo Nation'' or
``Nation'' means a body politic and federally recognized Indian
nation, as published on the list established under section
104(a) of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131(a)), also known variously as the ``Navajo
Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'',
and the ``Navajo Nation of Indians'' and other similar names,
and includes all bands of Navajo Indians and chapters of the
Navajo Nation and all divisions, agencies, officers, and agents
thereof.
(9) Navajo water development projects.--The term ``Navajo
water development projects'' means projects for domestic
municipal water supply, including distribution infrastructure,
and agricultural water conservation, to be constructed, in whole
or in part, using monies from the Navajo Water Development
Projects Account.
(10) Navajo water rights.--The term ``Navajo water rights''
means the Nation's water rights in Utah described in the
agreement and this section.
[[Page 134 STAT. 3226]]
(11) OM&R.--The term ``OM&R'' means operation, maintenance,
and replacement.
(12) Parties.--The term ``parties'' means the Navajo Nation,
the State, and the United States.
(13) Reservation.--The term ``Reservation'' means, for
purposes of the agreement and this section, the Reservation of
the Navajo Nation in Utah as in existence on the date of
enactment of this Act and depicted on the map attached to the
agreement as Exhibit A, including any parcel of land granted out
of the public domain and held in trust by the United States
entirely for the benefit of the Navajo Nation as of the
enforceability date.
(14) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or a duly authorized representative thereof.
(15) State.--The term ``State'' means the State of Utah and
all officers, agents, departments, and political subdivisions
thereof.
(16) United states.--The term ``United States'' means the
United States of America and all departments, agencies, bureaus,
officers, and agents thereof.
(17) United states acting in its trust capacity.--The term
``United States acting in its trust capacity'' means the United
States acting for the benefit of the Navajo Nation or for the
benefit of allottees.
(c) Ratification of Agreement.--
(1) Approval by congress.--Except to the extent that any
provision of the agreement conflicts with this section, Congress
approves, ratifies, and confirms the agreement (including any
amendments to the agreement that are executed to make the
agreement consistent with this section).
(2) Execution by secretary.--The Secretary is authorized and
directed to promptly execute the agreement to the extent that
the agreement does not conflict with this section, including--
(A) any exhibits to the agreement requiring the
signature of the Secretary; and
(B) any amendments to the agreement necessary to
make the agreement consistent with this section.
(3) Environmental compliance.--
(A) In general.--In implementing the agreement and
this section, the Secretary shall comply with all
applicable provisions of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(iii) all other applicable environmental laws
and regulations.
(B) Execution of the agreement.--Execution of the
agreement by the Secretary as provided for in this
section shall not constitute a major Federal action
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(d) Navajo Water Rights.--
(1) Confirmation of navajo water rights.--
[[Page 134 STAT. 3227]]
(A) Quantification.--The Navajo Nation shall have
the right to use water from water sources located within
Utah and adjacent to or encompassed within the
boundaries of the Reservation resulting in depletions
not to exceed 81,500 acre-feet annually as described in
the agreement and as confirmed in the decree entered by
the general stream adjudication court.
(B) Satisfaction of allottee rights.--Depletions
resulting from the use of water on an allotment shall be
accounted for as a depletion by the Navajo Nation for
purposes of depletion accounting under the agreement,
including recognition of--
(i) any water use existing on an allotment as
of the date of enactment of this Act and as
subsequently reflected in the hydrographic survey
report referenced in subsection (f)(2);
(ii) reasonable domestic and stock water uses
put into use on an allotment; and
(iii) any allotment water rights that may be
decreed in the general stream adjudication or
other appropriate forum.
(C) Satisfaction of on-reservation state law-based
water rights.--Depletions resulting from the use of
water on the Reservation pursuant to State law-based
water rights existing as of the date of enactment of
this Act shall be accounted for as depletions by the
Navajo Nation for purposes of depletion accounting under
the agreement.
(D) In general.--The Navajo water rights are
ratified, confirmed, and declared to be valid.
(E) Use.--Any use of the Navajo water rights shall
be subject to the terms and conditions of the agreement
and this section.
(F) Conflict.--In the event of a conflict between
the agreement and this section, the provisions of this
section shall control.
(2) Trust status of navajo water rights.--The Navajo water
rights--
(A) shall be held in trust by the United States for
the use and benefit of the Nation in accordance with the
agreement and this section; and
(B) shall not be subject to forfeiture or
abandonment.
(3) Authority of the nation.--
(A) In general.--The Nation shall have the authority
to allocate, distribute, and lease the Navajo water
rights for any use on the Reservation in accordance with
the agreement, this section, and applicable Tribal and
Federal law.
(B) Off-reservation use.--The Nation may allocate,
distribute, and lease the Navajo water rights for off-
Reservation use in accordance with the agreement,
subject to the approval of the Secretary.
(C) Allottee water rights.--The Nation shall not
object in the general stream adjudication or other
applicable forum to the quantification of reasonable
domestic and stock water uses on an allotment, and shall
[[Page 134 STAT. 3228]]
administer any water use on the Reservation in
accordance with applicable Federal law, including
recognition of--
(i) any water use existing on an allotment as
of the date of enactment of this Act and as
subsequently reflected in the hydrographic survey
report referenced in subsection (f)(2);
(ii) reasonable domestic and stock water uses
on an allotment; and
(iii) any allotment water rights decreed in
the general stream adjudication or other
appropriate forum.
(4) Effect.--Except as otherwise expressly provided in this
subsection, nothing in this section--
(A) authorizes any action by the Nation against the
United States under Federal, State, Tribal, or local
law; or
(B) alters or affects the status of any action
brought pursuant to section 1491(a) of title 28, United
States Code.
(e) Navajo Trust Accounts.--
(1) Establishment.--The Secretary shall establish a trust
fund, to be known as the ``Navajo Utah Settlement Trust Fund''
(referred to in this section as the ``Trust Fund''), to be
managed, invested, and distributed by the Secretary and to
remain available until expended, consisting of the amounts
deposited in the Trust Fund under paragraph (3), together with
any interest earned on those amounts, for the purpose of
carrying out this section.
(2) Accounts.--The Secretary shall establish in the Trust
Fund the following Accounts (referred to in this subsection as
the ``Trust Fund Accounts''):
(A) The Navajo Water Development Projects Account.
(B) The Navajo OM&R Account.
(3) Deposits.--The Secretary shall deposit in the Trust Fund
Accounts--
(A) in the Navajo Water Development Projects
Account, the amounts made available pursuant to
subsection (f)(1)(A); and
(B) in the Navajo OM&R Account, the amount made
available pursuant to subsection (f)(1)(B).
(4) Management and interest.--
(A) Management.--Upon receipt and deposit of the
funds into the Trust Fund Accounts, the Secretary shall
manage, invest, and distribute all amounts in the Trust
Fund in a manner that is consistent with the investment
authority of the Secretary under--
(i) the first section of the Act of June 24,
1938 (25 U.S.C. 162a);
(ii) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(iii) this subsection.
(B) Investment earnings.--In addition to the
deposits under paragraph (3), any investment earnings,
including interest, credited to amounts held in the
Trust Fund are authorized to be appropriated to be used
in accordance with the uses described in paragraph (8).
(5) Availability of amounts.--Amounts appropriated to, and
deposited in, the Trust Fund, including any investment earnings,
shall be made available to the Nation by the Secretary
[[Page 134 STAT. 3229]]
beginning on the enforceability date and subject to the uses and
restrictions set forth in this subsection.
(6) Withdrawals.--
(A) Withdrawals under the american indian trust fund
management reform act of 1994.--The Nation may withdraw
any portion of the funds in the Trust Fund on approval
by the Secretary of a tribal management plan submitted
by the Nation in accordance with the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001
et seq.).
(i) Requirements.--In addition to the
requirements under the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.), the tribal management plan under this
subparagraph shall require that the Nation shall
spend all amounts withdrawn from the Trust Fund
and any investment earnings accrued through the
investments under the Tribal management plan in
accordance with this section.
(ii) <<NOTE: Determination.>> Enforcement.--
The Secretary may carry out such judicial and
administrative actions as the Secretary determines
to be necessary to enforce the Tribal management
plan to ensure that amounts withdrawn by the
Nation from the Trust Fund under this subparagraph
are used in accordance with this section.
(B) Withdrawals under expenditure plan.--The Nation
may submit to the Secretary a request to withdraw funds
from the Trust Fund pursuant to an approved expenditure
plan.
(i) Requirements.--To be eligible to withdraw
funds under an expenditure plan under this
subparagraph, the Nation shall submit to the
Secretary for approval an expenditure plan for any
portion of the Trust Fund that the Nation elects
to withdraw pursuant to this subparagraph, subject
to the condition that the funds shall be used for
the purposes described in this section.
(ii) Inclusions.--An expenditure plan under
this subparagraph shall include a description of
the manner and purpose for which the amounts
proposed to be withdrawn from the Trust Fund will
be used by the Nation, in accordance with
paragraphs (3) and (8).
(iii) <<NOTE: Determination.>> Approval.--On
receipt of an expenditure plan under this
subparagraph, the Secretary shall approve the
plan, if the Secretary determines that the plan--
(I) is reasonable;
(II) is consistent with, and will be
used for, the purposes of this section;
and
(III) contains a schedule which
describes that tasks will be completed
within 18 months of receipt of withdrawn
amounts.
(iv) <<NOTE: Determination.>> Enforcement.--
The Secretary may carry out such judicial and
administrative actions as the Secretary determines
to be necessary to enforce an expenditure plan to
ensure that amounts disbursed under this
subparagraph are used in accordance with this
section.
[[Page 134 STAT. 3230]]
(7) Effect of title.--Nothing in this section gives the
Nation the right to judicial review of a determination of the
Secretary regarding whether to approve a Tribal management plan
or an expenditure plan except under subchapter II of chapter 5,
and chapter 7, of title 5, United States Code (commonly known as
the ``Administrative Procedure Act'').
(8) Uses.--Amounts from the Trust Fund shall be used by the
Nation for the following purposes:
(A) The Navajo Water Development Projects Account
shall be used to plan, design, and construct the Navajo
water development projects and for the conduct of
related activities, including to comply with Federal
environmental laws.
(B) The Navajo OM&R Account shall be used for the
operation, maintenance, and replacement of the Navajo
water development projects.
(9) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or investment
of any amounts withdrawn from the Trust Fund by the Nation under
paragraph (6).
(10) No per capita distributions.--No portion of the Trust
Fund shall be distributed on a per capita basis to any member of
the Nation.
(11) Expenditure reports.--The Navajo Nation shall submit to
the Secretary annually an expenditure report describing
accomplishments and amounts spent from use of withdrawals under
a Tribal management plan or an expenditure plan as described in
this section.
(f) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary--
(A) for deposit in the Navajo Water Development
Projects Account of the Trust Fund established under
subsection (e)(2)(A), $198,300,000, which funds shall be
retained until expended, withdrawn, or reverted to the
general fund of the Treasury; and
(B) for deposit in the Navajo OM&R Account of the
Trust Fund established under subsection (e)(2)(B),
$11,100,000, which funds shall be retained until
expended, withdrawn, or reverted to the general fund of
the Treasury.
(2) Implementation costs.--There is authorized to be
appropriated non-trust funds in the amount of $1,000,000 to
assist the United States with costs associated with the
implementation of this section, including the preparation of a
hydrographic survey of historic and existing water uses on the
Reservation and on allotments.
(3) State cost share.--The State shall contribute $8,000,000
payable to the Secretary for deposit into the Navajo Water
Development Projects Account of the Trust Fund established under
subsection (e)(2)(A) in installments in each of the 3 years
following the execution of the agreement by the Secretary as
provided for in subsection (c)(2).
(4) Fluctuation in costs.--The amount authorized to be
appropriated under paragraph (1) shall be increased or
decreased, as appropriate, by such amounts as may be justified
by reason of ordinary fluctuations in costs occurring after the
[[Page 134 STAT. 3231]]
date of enactment of this Act as indicated by the Bureau of
Reclamation Construction Cost Index--Composite Trend.
(A) Repetition.--The adjustment process under this
paragraph shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted,
has been appropriated.
(B) Period of indexing.--The period of indexing
adjustment for any increment of funding shall end on the
date on which funds are deposited into the Trust Fund.
(g) Conditions Precedent.--
(1) <<NOTE: Effective date. Federal Register,
publication.>> In general.--The waivers and releases contained
in subsection (h) shall become effective as of the date the
Secretary causes to be published in the Federal Register a
statement of findings that--
(A) to the extent that the agreement conflicts with
this section, the agreement has been revised to conform
with this section;
(B) the agreement, so revised, including waivers and
releases of claims set forth in subsection (h), has been
executed by the parties, including the United States;
(C) Congress has fully appropriated, or the
Secretary has provided from other authorized sources,
all funds authorized under subsection (f)(1);
(D) the State has enacted any necessary legislation
and provided the funding required under the agreement
and subsection (f)(3); and
(E) the court has entered a final or interlocutory
decree that--
(i) confirms the Navajo water rights
consistent with the agreement and this section;
and
(ii) with respect to the Navajo water rights,
is final and nonappealable.
(2) Expiration date.--If all the conditions precedent
described in paragraph (1) have not been fulfilled to allow the
Secretary's statement of findings to be published in the Federal
Register by October 31, 2030--
(A) the agreement and this section, including
waivers and releases of claims described in those
documents, shall no longer be effective;
(B) any funds that have been appropriated pursuant
to subsection (f) but not expended, including any
investment earnings on funds that have been appropriated
pursuant to such subsection, shall immediately revert to
the general fund of the Treasury; and
(C) any funds contributed by the State pursuant to
subsection (f)(3) but not expended shall be returned
immediately to the State.
(3) Extension.--The expiration date set forth in paragraph
(2) may be extended if the Navajo Nation, the State, and the
United States (acting through the Secretary) agree that an
extension is reasonably necessary.
(h) Waivers and Releases.--
(1) In general.--
(A) Waiver and release of claims by the nation and
the united states acting in its capacity as trustee for
the nation.--Subject to the retention of rights set
forth in paragraph (3), in return for confirmation of
the
[[Page 134 STAT. 3232]]
Navajo water rights and other benefits set forth in the
agreement and this section, the Nation, on behalf of
itself and the members of the Nation (other than members
in their capacity as allottees), and the United States,
acting as trustee for the Nation and members of the
Nation (other than members in their capacity as
allottees), are authorized and directed to execute a
waiver and release of--
(i) all claims for water rights within Utah
based on any and all legal theories that the
Navajo Nation or the United States acting in its
trust capacity for the Nation, asserted, or could
have asserted, at any time in any proceeding,
including to the general stream adjudication, up
to and including the enforceability date, except
to the extent that such rights are recognized in
the agreement and this section; and
(ii) all claims for damages, losses, or
injuries to water rights or claims of interference
with, diversion, or taking of water rights
(including claims for injury to lands resulting
from such damages, losses, injuries, interference
with, diversion, or taking of water rights) within
Utah against the State, or any person, entity,
corporation, or municipality, that accrued at any
time up to and including the enforceability date.
(2) Claims by the navajo nation against the united states.--
The Navajo Nation, on behalf of itself (including in its
capacity as allottee) and its members (other than members in
their capacity as allottees), shall execute a waiver and release
of--
(A) all claims the Navajo Nation may have against
the United States relating in any manner to claims for
water rights in, or water of, Utah that the United
States acting in its trust capacity for the Nation
asserted, or could have asserted, in any proceeding,
including the general stream adjudication;
(B) all claims the Navajo Nation may have against
the United States relating in any manner to damages,
losses, or injuries to water, water rights, land, or
other resources due to loss of water or water rights
(including damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to loss of
water or water rights; claims relating to interference
with, diversion, or taking of water; or claims relating
to failure to protect, acquire, replace, or develop
water or water rights) within Utah that first accrued at
any time up to and including the enforceability date;
(C) all claims the Nation may have against the
United States relating in any manner to the litigation
of claims relating to the Nation's water rights in
proceedings in Utah; and
(D) all claims the Nation may have against the
United States relating in any manner to the negotiation,
execution, or adoption of the agreement or this section.
(3) Reservation of rights and retention of claims by the
navajo nation and the united states.--Notwithstanding the
waivers and releases authorized in this section, the Navajo
Nation, and the United States acting in its trust capacity for
the Nation, retain--
[[Page 134 STAT. 3233]]
(A) all claims for injuries to and the enforcement
of the agreement and the final or interlocutory decree
entered in the general stream adjudication, through such
legal and equitable remedies as may be available in the
decree court or the Federal District Court for the
District of Utah;
(B) all rights to use and protect water rights
acquired after the enforceability date;
(C) all claims relating to activities affecting the
quality of water, including any claims under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
(including claims for damages to natural resources), the
Safe Drinking Water Act (42 U.S.C. 300f et seq.), and
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), the regulations implementing those Acts, and
the common law;
(D) all claims for water rights, and claims for
injury to water rights, in States other than the State
of Utah;
(E) all claims, including environmental claims,
under any laws (including regulations and common law)
relating to human health, safety, or the environment;
and
(F) all rights, remedies, privileges, immunities,
and powers not specifically waived and released pursuant
to the agreement and this section.
(4) Effect.--Nothing in the agreement or this section--
(A) affects the ability of the United States acting
in its sovereign capacity to take actions authorized by
law, including any laws relating to health, safety, or
the environment, including the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and
the regulations implementing those laws;
(B) affects the ability of the United States to take
actions in its capacity as trustee for any other Indian
Tribe or allottee;
(C) confers jurisdiction on any State court to--
(i) <<NOTE: Determination.>> interpret
Federal law regarding health, safety, or the
environment or determine the duties of the United
States or other parties pursuant to such Federal
law; and
(ii) conduct judicial review of Federal agency
action; or
(D) modifies, conflicts with, preempts, or otherwise
affects--
(i) the Boulder Canyon Project Act (43 U.S.C.
617 et seq.);
(ii) the Boulder Canyon Project Adjustment Act
(43 U.S.C. 618 et seq.);
(iii) the Act of April 11, 1956 (commonly
known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.);
(iv) the Colorado River Basin Project Act (43
U.S.C. 1501 et seq.);
(v) the Treaty between the United States of
America and Mexico respecting utilization of
waters
[[Page 134 STAT. 3234]]
of the Colorado and Tijuana Rivers and of the Rio
Grande, signed at Washington February 3, 1944 (59
Stat. 1219);
(vi) the Colorado River Compact of 1922, as
approved by the Presidential Proclamation of June
25, 1929 (46 Stat. 3000); and
(vii) the Upper Colorado River Basin Compact
as consented to by the Act of April 6, 1949 (63
Stat. 31, chapter 48).
(5) Tolling of claims.--
(A) In general.--Each applicable period of
limitation and time-based equitable defense relating to
a claim waived by the Navajo Nation described in this
subsection shall be tolled for the period beginning on
the date of enactment of this Act and ending on the
enforceability date.
(B) Effect of paragraph.--Nothing in this paragraph
revives any claim or tolls any period of limitation or
time-based equitable defense that expired before the
date of enactment of this Act.
(C) Limitation.--Nothing in this subsection
precludes the tolling of any period of limitations or
any time-based equitable defense under any other
applicable law.
(i) Miscellaneous Provisions.--
(1) Precedent.--Nothing in this section establishes any
standard for the quantification or litigation of Federal
reserved water rights or any other Indian water claims of any
other Indian Tribe in any other judicial or administrative
proceeding.
(2) Other indian tribes.--Nothing in the agreement or this
section shall be construed in any way to quantify or otherwise
adversely affect the water rights, claims, or entitlements to
water of any Indian Tribe, band, or community, other than the
Navajo Nation.
(j) Relation to Allottees.--
(1) No effect on claims of allottees.--Nothing in this
section or the agreement shall affect the rights or claims of
allottees, or the United States, acting in its capacity as
trustee for or on behalf of allottees, for water rights or
damages related to lands allotted by the United States to
allottees, except as provided in subsection (d)(1)(B).
(2) Relationship of decree to allottees.--Allottees, or the
United States, acting in its capacity as trustee for allottees,
are not bound by any decree entered in the general stream
adjudication confirming the Navajo water rights and shall not be
precluded from making claims to water rights in the general
stream adjudication. Allottees, or the United States, acting in
its capacity as trustee for allottees, may make claims and such
claims may be adjudicated as individual water rights in the
general stream adjudication.
(k) Antideficiency.--The United States shall not be liable for any
failure to carry out any obligation or activity authorized by this
section (including any obligation or activity under the agreement) if
adequate appropriations are not provided expressly by Congress to carry
out the purposes of this section.
[[Page 134 STAT. 3235]]
SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.
(a) Definition of 611(g) Agreement.--Section 602 of the Aamodt
Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is
amended--
(1) by redesignating paragraphs (1) through (23) as
paragraphs (2) through (24), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) 611(g) agreement.--The term `611(g) Agreement' means
the agreement dated September 17, 2019, executed by the United
States, the State, the Pueblos, the County, and the City
pursuant to section 611(g).''.
(b) Final Project Design.--Section 611(b) of the Aamodt Litigation
Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the
matter preceding paragraph (1), by striking ``within 90 days of'' and
inserting ``as soon as feasible after''.
(c) Construction Costs for Pueblo Water Facilities.--Section 611(f)
of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat.
3138) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``
$106,400,000'' and inserting `` $243,400,000''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Exception.--Of the amount described in
subparagraph (A)--
``(i) the initial $106,400,000 shall be
increased or decreased, as appropriate, based on
ordinary fluctuations in construction costs since
October 1, 2006, as determined using applicable
engineering cost indices; and
``(ii) any amounts made available in excess of
the amount described in clause (i) shall be
increased or decreased, as appropriate, based on
ordinary fluctuations in construction costs since
October 1, 2018, as determined using applicable
engineering cost indices.''; and
(2) in paragraph (3), by inserting ``and the 611(g)
Agreement'' after ``the Cost-Sharing and System Integration
Agreement''.
(d) Funding for Regional Water System.--Section 617(a)(1)(B) of the
Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147) is
amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``section 616 $50,000,000'' and inserting
the following: ``section 616--
``(i) $50,000,000''; and
(3) by adding at the end the following:
``(ii) subject to the availability of
appropriations and in addition to the amounts made
available under clause (i), $137,000,000, as
adjusted under paragraph (4), for the period of
fiscal years 2021 through 2028.''.
(e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation
Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended by
striking ``since October 1, 2006, as determined using applicable
engineering cost indices'' and inserting ``pursuant to section
611(f)(1)(B)''.
[[Page 134 STAT. 3236]]
(f) Execution of Agreement Under Section 611(g).--Section 621 of the
Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3149) is
amended by striking subsections (a) and (b) and inserting the following:
``(a) Approval.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do
not conflict with this title, the Settlement Agreement, the Cost-Sharing
and System Integration Agreement, and the 611(g) Agreement (including
any amendments to the Settlement Agreement, the Cost-Sharing and System
Integration Agreement, and the 611(g) Agreement that are executed to
make the Settlement Agreement, the Cost-Sharing and System Integration
Agreement, or the 611(g) Agreement consistent with this title) are
authorized, ratified, and confirmed.
``(b) Execution.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do
not conflict with this title, the Secretary shall execute the Settlement
Agreement, the Cost-Sharing and System Integration Agreement, and the
611(g) Agreement (including any amendments that are necessary to make
the Settlement Agreement, the Cost-Sharing and System Integration
Agreement, or the 611(g) Agreement consistent with this title).''.
(g) Requirements for Determination of Substantial Completion of the
Regional Water System.--Section 623(e) of the Aamodt Litigation
Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Criteria for substantial completion of regional water
system.--Subject to the provisions of section 611(d) concerning
the extent, size, and capacity of the County Distribution
System, the Regional Water System shall be determined to be
substantially completed if--
``(A) the infrastructure has been constructed
capable of--
``(i) diverting, treating, transmitting, and
distributing a supply of 2,500 acre-feet of water
to the Pueblos consistent with the Engineering
Report (as amended by the 611(g) Agreement and the
Operating Agreement); and
``(ii) diverting, treating, and transmitting
the quantity of water specified in the Engineering
Report to the County Distribution System and
consistent with the Engineering Report (as amended
by the 611(g) Agreement and the Operating
Agreement); or
``(B) the Secretary--
``(i) issues a notice to proceed authorizing
the commencement of Phase I construction of the
Regional Water System by December 31, 2019, and
subsequently commences construction of the
Regional Water System;
``(ii) diligently proceeds to construct the
Regional Water System in accordance with the
Engineering Report (as amended by the 611(g)
Agreement), on a schedule for completion by June
30, 2028;
``(iii) expends all of the available funding
provided to construct the Regional Water System
under section 611(f)(1)(A), in the Cost-Sharing
and System Integration Agreement, and in the
611(g) Agreement;
[[Page 134 STAT. 3237]]
``(iv) complies with the terms of the 611(g)
Agreement; and
``(v) despite diligent efforts cannot complete
construction of the Regional Water System as
described in the final Engineering Report (as
amended by the 611(g) Agreement), due solely to
the lack of additional authorized funding.'';
(2) in paragraph (2)--
(A) by striking ``2021'' and inserting ``2025''; and
(B) by striking ``2024'' and inserting ``2028'';
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``2021'' and inserting ``2025'';
(4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and
inserting ``2027''; and
(5) in paragraph (5)(A), by striking ``2024'' and inserting
``2028''.
SEC. 1104. KICKAPOO TRIBE.
(a) Definition of Upper Delaware and Tributaries Watershed Plan.--In
this section, the term ``Upper Delaware and Tributaries Watershed Plan''
means the plan described in the document entitled ``Watershed Plan and
Environmental Impact Statement Upper Delaware and Tributaries Watershed
Atchison, Brown, Jackson, and Nemaha Counties, Kansas'', dated January
1994, and supplemented in June 1994--
(1) developed, pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.)--
(A) by the Kickapoo Tribe, certain watershed and
conservation districts in the State of Kansas, and the
Department of Wildlife and Parks of the State of Kansas;
and
(B) with the cooperation and technical assistance of
the Natural Resources Conservation Service; and
(2) described in the report of the Committee on Environment
and Public Works of the Senate (Senate Report 105-13; April 22,
1997).
(b) <<NOTE: Consultation.>> Study; Recommendations.--To support the
purposes of achieving a fair, equitable, and final settlement of claims
to water rights for the Kickapoo Tribe in the State of Kansas, the
Secretary of Agriculture (acting through the Chief of the Natural
Resources Conservation Service), in consultation with the Secretary of
the Interior (acting through the Director of the Secretary's Indian
Water Rights Office), shall--
(1) commence a study of the multipurpose dam described in
the Upper Delaware and Tributaries Watershed Plan; and
(2) <<NOTE: Deadline. Recommenda- tions.>> not later than 2
years after the date of enactment of this Act, make
recommendations to Congress with respect to the material
alterations or changes to the Upper Delaware and Tributaries
Watershed Plan that are necessary to effectuate, in part, the
Tribal water rights agreed to by the Kickapoo Tribe and the
State of Kansas on September 9, 2016, in the Kickapoo Tribe
Water Rights Settlement Agreement, which otherwise remains
subject to approval and authorization by Congress.
SEC. 1105. <<NOTE: Aquifer Recharge Flexibility Act. 43 USC 390g-
9.>> AQUIFER RECHARGE FLEXIBILITY.
(a) Short Title.--This section may be cited as the ``Aquifer
Recharge Flexibility Act''.
(b) Definitions.--In this Act:
[[Page 134 STAT. 3238]]
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(3) Eligible land.--The term ``eligible land'', with respect
to a Reclamation project, means land that--
(A) is authorized to receive water under State law;
and
(B) shares an aquifer with land located in the
service area of the Reclamation project.
(4) Net water storage benefit.--The term ``net water storage
benefit'' means an increase in the volume of water that is--
(A) stored in 1 or more aquifers; and
(B)(i) available for use within the authorized
service area of a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce
groundwater overdraft.
(5) Reclamation facility.--The term ``Reclamation facility''
means each of the infrastructure assets that are owned by the
Bureau at a Reclamation project.
(6) Reclamation project.--The term ``Reclamation project''
means any reclamation or irrigation project, including
incidental features thereof, authorized by Federal reclamation
law or the Act of August 11, 1939 (commonly known as the ``Water
Conservation and Utilization Act'') (53 Stat. 1418, chapter 717;
16 U.S.C. 590y et seq.), or constructed by the United States
pursuant to such law, or in connection with which there is a
repayment or water service contract executed by the United
States pursuant to such law, or any project constructed by the
Secretary through the Bureau for the reclamation of land.
(c) Flexibility to Allow Greater Aquifer Recharge in Western
States.--
(1) Use of reclamation facilities.--
(A) In general.--The Commissioner may allow the use
of excess capacity in Reclamation facilities for aquifer
recharge of non-Reclamation project water, subject to
applicable rates, charges, and public participation
requirements, on the condition that--
(i) the use--
(I) shall not be implemented in a
manner that is detrimental to--
(aa) any power service or
water contract for the
Reclamation project; or
(bb) any obligations for
fish, wildlife, or water quality
protection applicable to the
Reclamation project;
(II) shall be consistent with water
quality guidelines for the Reclamation
project;
(III) shall comply with all
applicable--
(aa) Federal laws; and
(bb) policies of the Bureau;
and
(IV) shall comply with all
applicable State laws and policies; and
(ii) the non-Federal party to an existing
contract for water or water capacity in a
Reclamation facility
[[Page 134 STAT. 3239]]
consents to the use of the Reclamation facility
under this subsection.
(B) Effect on existing contracts.--Nothing in this
subsection affects a contract--
(i) in effect on the date of enactment of this
Act; and
(ii) under which the use of excess capacity in
a Bureau conveyance facility for carriage of non-
Reclamation project water for aquifer recharge is
allowed.
(2) Aquifer recharge on eligible land.--
(A) In general.--Subject to subparagraphs (C) and
(D), the Secretary may contract with a holder of a water
service or repayment contract for a Reclamation project
to allow the contractor, in accordance with applicable
State laws and policies--
(i) to directly use water available under the
contract for aquifer recharge on eligible land; or
(ii) to enter into an agreement with an
individual or entity to transfer water available
under the contract for aquifer recharge on
eligible land.
(B) Authorized project use.--The use of a
Reclamation facility for aquifer recharge under
subparagraph (A) shall be considered an authorized use
for the Reclamation project if requested by a holder of
a water service or repayment contract for the
Reclamation facility.
(C) <<NOTE: Determination.>> Modifications to
contracts.--The Secretary may contract with a holder of
a water service or repayment contract for a Reclamation
project under subparagraph (A) if the Secretary
determines that a new contract or contract amendment
described in that subparagraph is--
(i) necessary to allow for the use of water
available under the contract for aquifer recharge
under this subsection;
(ii) in the best interest of the Reclamation
project and the United States; and
(iii) approved by the contractor that is
responsible for repaying the cost of construction,
operations, and maintenance of the facility that
delivers the water under the contract.
(D) Requirements.--The use of Reclamation facilities
for the use or transfer of water for aquifer recharge
under this subsection shall be subject to the
requirements that--
(i) the use or transfer shall not be
implemented in a manner that materially impacts
any power service or water contract for the
Reclamation project; and
(ii) <<NOTE: Determination.>> before the use
or transfer, the Secretary shall determine that
the use or transfer--
(I) results in a net water storage
benefit for the Reclamation project; or
(II) contributes to the recharge of
an aquifer on eligible land; and
(iii) the use or transfer complies with all
applicable--
(I) Federal laws and policies; and
(II) interstate water compacts.
[[Page 134 STAT. 3240]]
(3) Conveyance for aquifer recharge purposes.--The holder of
a right-of-way, easement, permit, or other authorization to
transport water across public land administered by the Bureau of
Land Management may transport water for aquifer recharge
purposes without requiring additional authorization from the
Secretary where the use does not expand or modify the operation
of the right-of-way, easement, permit, or other authorization
across public land.
(4) Effect.--Nothing in this Act creates, impairs, alters,
or supersedes a Federal or State water right.
(5) Exemption.--This Act shall not apply to the State of
California.
(6) Advisory group.--The Secretary may participate in any
State-led collaborative, multi-stakeholder advisory group
created in any watershed the purpose of which is to monitor,
review, and assess aquifer recharge activities.
SEC. 1106. WATERSMART EXTENSION AND EXPANSION.
(a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
(1) in the matter preceding paragraph (1), by striking
``section'' and inserting ``subtitle'';
(2) by striking paragraph (7) and inserting the following:
``(7) Eligible applicant.--The term `eligible applicant'
means--
``(A) any State, Indian tribe, irrigation district,
or water district;
``(B) any State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority;
``(C) any other organization with water or power
delivery authority; and
``(D) any nonprofit conservation organization, if--
``(i) the nonprofit conservation organization
is acting in partnership with and with the
agreement of an entity described in subparagraph
(A), (B), or (C); or
``(ii) in the case of an application for a
project to improve the condition of a natural
feature or nature-based feature on Federal land,
the entities described in subparagraph (A), (B),
or (C) from the applicable service area have been
notified of the project application and there is
no written objection to the project.'';
(3) in paragraph (10), by striking ``450b'' and inserting
``5304'';
(4) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(5) by inserting after paragraph (12) the following:
``(13) Natural feature.--The term `natural feature' means a
feature that is created through the action of physical,
geological, biological, and chemical processes over time.
``(14) Nature-based feature.--The term `nature-based
feature' means a feature that is created by human design,
engineering, and construction to provide a means to reduce water
supply and demand imbalances or drought or flood risk by acting
in concert with natural processes.''.
[[Page 134 STAT. 3241]]
(b) Grants and Cooperative Agreements.--Section 9504(a) of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or carrying out any activity'' after ``any
improvement'';
(B) by redesignating subparagraphs (F), (G), and (H)
as subparagraphs (G), (H), and (J), respectively;
(C) by inserting after subparagraph (E) the
following:
``(F) to assist States and water users in complying
with interstate compacts or reducing basin water supply-
demand imbalances;'';
(D) in subparagraph (G) (as so redesignated), by
striking ``to prevent'' and inserting ``to achieve the
prevention of'';
(E) in subparagraph (H) (as so redesignated)--
(i) by striking ``to accelerate'' and
inserting ``to achieve the acceleration of''; and
(ii) by striking ``or'' at the end;
(F) by inserting after subparagraph (H) (as so
redesignated) the following:
``(I) to improve the condition of a natural feature;
or''; and
(G) in subparagraph (J) (as so redesignated)--
(i) in clause (i), by striking ``or'' at the
end;
(ii) in clause (ii), by striking the period at
the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) to plan for or address the impacts of
drought.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``or'';
(ii) in clause (iii), by striking ``and'' and
inserting ``or''; and
(iii) by adding at the end the following:
``(iv) the Commonwealth of Puerto Rico; and'';
and
(B) by striking subparagraph (B) and inserting the
following:
``(B) submit to the Secretary an application that
includes--
``(i) a proposal of the improvement or
activity to be planned, designed, constructed, or
implemented by the eligible applicant; and
``(ii) for a project that is intended to have
a quantifiable water savings and would receive a
grant of $500,000 or more--
``(I) a proposal for a monitoring
plan of at least 5 years that would
demonstrate ways in which the proposed
improvement or activity would result in
improved streamflows or aquatic habitat;
or
``(II) for a project that does not
anticipate improved streamflows or
aquatic habitat, an analysis of ways in
which the proposed improvement
[[Page 134 STAT. 3242]]
or activity would contribute to 1 or
more of the other objectives described
in paragraph (1).'';
(3) in paragraph (3)(E), by striking clause (i) and
inserting the following:
``(i) Federal share.--
``(I) In general.--Except as
provided in subclause (II), the Federal
share of the cost of any infrastructure
improvement or activity that is the
subject of a grant or other agreement
entered into between the Secretary and
an eligible applicant under paragraph
(1) shall not exceed 50 percent of the
cost of the infrastructure improvement
or activity.
``(II) Increased federal share for
certain infrastructure improvements and
activities.--The Federal share of the
cost of an infrastructure improvement or
activity shall not exceed 75 percent of
the cost of the infrastructure
improvement or activity, if--
``(aa) the infrastructure
improvement or activity was
developed as part of a
collaborative process by--
``(AA) a watershed group
(as defined in section
6001); or
``(BB) a water user and
1 or more stakeholders with
diverse interests; and
``(bb) <<NOTE: Determination.>>
the majority of the benefits of
the infrastructure improvement
or activity, as determined by
the Secretary, are for the
purpose of advancing 1 or more
components of an established
strategy or plan to increase the
reliability of water supply for
consumptive and nonconsumptive
ecological values.''; and
(4) by adding at the end the following:
``(4) Priority.--In providing grants to, and entering into
agreements for, projects intended to have a quantifiable water
savings under this subsection, the Secretary shall give priority
to projects that enhance drought resilience by benefitting the
water supply and ecosystem.''.
(c) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``or organization with water or power delivery authority'' and
inserting ``or eligible applicant'';
(2) in subparagraph (B), by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) to restore a natural feature or use a nature-
based feature to reduce water supply and demand
imbalances or the risk of drought or flood; or''.
(d) Authorization of Appropriations.--Section 9504(e) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking `` $530,000,000'' and inserting `` $700,000,000, subject to the
condition that $50,000,000 of that amount shall be used to carry out
section 206 of the Energy and
[[Page 134 STAT. 3243]]
Water Development and Related Agencies Appropriations Act, 2015 (43
U.S.C. 620 note; Public Law 113-235)''.
(e) Conforming Amendment.--Section 4009(d) of Public Law 114-322 (42
U.S.C. 10364 note) is amended by striking ``on the condition that of
that amount, $50,000,000 of it is used to carry out section 206 of the
Energy and Water Development and Related Agencies Appropriations Act,
2015 (43 U.S.C. 620 note; Public Law 113-235)''.
SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
(a) Definitions.--Section 6001 of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 1015) is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Disadvantaged community.--The term `disadvantaged
community' means a community (including a city, town, county, or
reasonably isolated and divisible segment of a larger
municipality) with an annual median household income that is
less than 100 percent of the statewide annual median household
income for the State in which the community is located,
according to the most recent decennial census.'';
(3) in paragraph (6)(B)(i) (as so redesignated)--
(A) in subclause (VIII), by striking ``and'' at the
end;
(B) in subclause (IX), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(X) disadvantaged communities;''; and
(4) in paragraph (7)(C) (as so redesignated), by inserting
``, including benefits to fisheries, wildlife, or habitat''
after ``river or stream''.
(b) Application.--Section 6002 of the Omnibus Public Lands
Management Act (16 U.S.C. 1015a) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) <<NOTE: Deadline. Update.>> Establishment of Application
Process; Criteria.--Not later than September 30, 2021, the Secretary
shall update--
``(1) the application process for the program; and
``(2) <<NOTE: Consultation.>> in consultation with the
States, the prioritization and eligibility criteria for
considering applications submitted in accordance with the
application process.''; and
(2) in subsection (g), by striking ``2020'' and inserting
``2026''.
SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION PROJECT,
COLORADO.
Section 9105(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1303) is amended--
(1) in paragraph (1)--
(A) by striking ``requirement'' and inserting ``and
cost-sharing requirements''; and
(B) by inserting ``, which shall be not more than 65
percent of that total cost'' before the period at the
end;
(2) in paragraph (3)--
(A) in the paragraph heading, by striking
``requirement'' and inserting ``and cost-sharing
requirements'';
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``The Secretary shall recover
from the District as reimbursable expenses'' and
inserting ``Subject to
[[Page 134 STAT. 3244]]
subparagraph (C), the District shall be liable under
this subsection for an amount equal to'';
(C) in subparagraph (B), in the matter preceding
clause (i), by striking ``Secretary shall recover
reimbursable expenses'' and inserting ``District shall
pay the Project costs for which the District is
liable''; and
(D) by striking subparagraph (C) and inserting the
following:
``(C) <<NOTE: Determination.>> Credit.--In
determining the exact amount for which the District is
liable under this paragraph, the Secretary shall--
``(i) <<NOTE: Review.>> review and approve
all final costs associated with the completion of
the Project; and
``(ii) credit the district for all amounts
paid by the District for engineering work and
improvements directly associated with the Project,
whether before, on, or after the date of enactment
of this Act.''; and
(3) in paragraph (7), by striking `` $8,250,000.'' and
inserting the following: ``the lesser of--
``(A) not more than 65 percent of the total cost of
carrying out the Project; and
``(B) $5,350,000.''.
SEC. 1109. <<NOTE: 33 USC 2330c.>> AQUATIC ECOSYSTEM RESTORATION.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) any State, Indian Tribe, irrigation district, or water
district;
(2) any State, regional, or local authority, the members of
which include 1 or more organizations with water or power
delivery authority;
(3) any other entity or organization that owns a facility
that is eligible for upgrade, modification or removal under this
section;
(4) any nonprofit conservation organization, acting in
partnership with any entity listed in paragraphs (1) through
(3), with respect to a project involving land or infrastructure
owned by the entity; and
(5) an agency established under State law for the joint
exercise of powers or a combination of entities described in
paragraphs (1) through (4).
(b) <<NOTE: Contracts.>> General Authority.--
(1) <<NOTE: Determination.>> In general.--Subject to the
requirements of this section and paragraph (2), on request of
any eligible entity the Secretary may negotiate and enter into
an agreement on behalf of the United States to fund the design,
study, and construction of an aquatic ecosystem restoration and
protection project in a Reclamation State if the Secretary
determines that the project is likely to improve the health of
fisheries, wildlife or aquatic habitat, including through
habitat restoration and improved fish passage via the removal or
bypass of barriers to fish passage.
(2) Exception.--With respect to an aquatic ecosystem
restoration and protection project under this section that
removes a dam or modifies a dam in a manner that reduces storage
or diversion capacity, the Secretary may only negotiate and
enter into an agreement to fund--
[[Page 134 STAT. 3245]]
(A) the design or study of such project if the
Secretary has received consent from the owner of the
applicable dam; or
(B) the construction of such project if the
Secretary--
(i) identifies any eligible entity that
receives water or power from the facility that is
under consideration for removal or modification at
the time of the request;
(ii) notifies each eligible entity identified
in clause (i) that the dam removal or modification
project has been requested; and
(iii) <<NOTE: Time period.>> does not
receive, by the date that is 120 days after the
date on which all eligible entities have been
notified under clause (ii), written objection from
1 or more eligible entities that collectively
receive \1/3\ or more of the water or power
delivered from the facility that is under
consideration for removal or modification at the
time of the request.
(c) Requirements.--
(1) In general.--The Secretary shall accept and consider
public comment prior to initiating design, study or development
of a project under this section.
(2) Preconditions.--Construction of a project under this
section shall be a voluntary project initiated only after--
(A) an eligible entity has entered into an agreement
with the Secretary to pay no less than 35 percent of the
costs of project construction;
(B) an eligible entity has entered an agreement to
pay 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to the
project;
(C) <<NOTE: Determination.>> the Secretary
determines the proposed project--
(i) will not result in an unmitigated adverse
impact on fulfillment of existing water delivery
obligations consistent with historical operations
and applicable contracts;
(ii) will not result in an unmitigated adverse
effect on the environment;
(iii) is consistent with the responsibilities
of the Secretary--
(I) in the role as trustee for
federally recognized Indian Tribes; and
(II) to ensure compliance with any
applicable international and Tribal
treaties and agreements and interstate
compacts and agreements;
(iv) is in the financial interest of the
United States based on a determination that the
project advances Federal objectives including
environmental enhancement objectives in a
Reclamation State; and
(v) complies with all applicable Federal and
State law, including environmental laws; and
(D) the Secretary has complied with all applicable
environmental laws, including--
(i) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(iii) subtitle III of title 54, United States
Code.
[[Page 134 STAT. 3246]]
(d) Funding.--There is authorized to be appropriated to carry out
this section $15,000,000 for each of fiscal years 2022 through 2026, to
remain available until expended.
(e) Effects.--
(1) In general.--Nothing in this section supersedes or
limits any existing authority provided, or responsibility
conferred, by any provision of law.
(2) Effect on state water law.--Nothing in this section
preempts or affects any--
(A) State water law; or
(B) interstate compact governing water.
(f) Compliance Required.--The Secretary shall comply with applicable
State water laws in carrying out this section.
(g) Priority for Projects Providing Regional Benefits and Assistance
for Aging Assets.--When funding projects under this section, the
Secretary shall prioritize projects that--
(1) are jointly developed and supported by a diverse array
of stakeholders including representatives of irrigated
agricultural production, hydroelectric production, potable water
purveyors and industrial water users, Indian Tribes, commercial
fishing interests, and nonprofit conservation organizations;
(2) affect water resources management in 2 or more river
basins while providing regional benefits not limited to
fisheries restoration;
(3) are a component of a broader strategy or plan to replace
aging facilities with 1 or more alternate facilities providing
similar benefits; and
(4) contribute to the restoration of anadromous fish species
listed under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
SEC. 1110. <<NOTE: Clean Water for Rural Communities
Act. Montana. North Dakota.>> CLEAN
WATER FOR RURAL COMMUNITIES.
(a) Short Title.--This section may be cited as the ``Clean Water for
Rural Communities Act''.
(b) Purpose.--The purpose of this Act is to ensure a safe and
adequate municipal, rural, and industrial water supply for the citizens
of--
(1) Dawson, Garfield, McCone, Prairie, Richland, Judith
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
Musselshell Counties in the State of Montana; and
(2) McKenzie County, North Dakota.
(c) Definitions.--In this Act:
(1) Authority.--The term ``Authority'' means--
(A) the Central Montana Regional Water Authority, a
publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. Sec. 75-6-302 (2007);
and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(2) Musselshell-judith rural water system.--The term
``Musselshell-Judith Rural Water System'' means the Musselshell-
Judith Rural Water System authorized under subsection (d)(1),
with a project service area that includes--
(A) Judith Basin, Wheatland, Golden Valley, and
Musselshell Counties in the State;
(B) the portion of Yellowstone County in the State
within 2 miles of State Highway 3 and within 4 miles
[[Page 134 STAT. 3247]]
of the county line between Golden Valley and Yellowstone
Counties in the State, inclusive of the Town of
Broadview, Montana; and
(C) the portion of Fergus County in the State within
2 miles of U.S. Highway 87 and within 4 miles of the
county line between Fergus and Judith Basin Counties in
the State, inclusive of the Town of Moore, Montana.
(3) State.--The term ``State'' means the State of Montana.
(d) Musselshell-Judith Rural Water System.--
(1) Authorization.--The Secretary may carry out the
planning, design, and construction of the Musselshell-Judith
Rural Water System in a manner that is substantially in
accordance with the feasibility report entitled ``Musselshell-
Judith Rural Water System Feasibility Report'' (including any
and all revisions of the report).
(2) Cooperative agreement.--The Secretary shall enter into a
cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Musselshell-Judith Rural Water System.
(3) Cost-sharing requirement.--
(A) Federal share.--
(i) In general.--The Federal share of the
costs relating to the planning, design, and
construction of the Musselshell-Judith Rural Water
System shall not exceed 65 percent of the total
cost of the Musselshell-Judith Rural Water System.
(ii) Limitation.--Amounts made available under
clause (i) shall not be returnable or reimbursable
under the reclamation laws.
(B) Use of federal funds.--
(i) General uses.--Subject to clause (ii), the
Musselshell-Judith Rural Water System may use
Federal funds made available to carry out this
subsection for--
(I) facilities relating to--
(aa) water pumping;
(bb) water treatment;
(cc) water storage;
(dd) water supply wells;
(ee) distribution pipelines;
and
(ff) control systems;
(II) transmission pipelines;
(III) pumping stations;
(IV) appurtenant buildings,
maintenance equipment, and access roads;
(V) any interconnection facility
that connects a pipeline of the
Musselshell-Judith Rural Water System to
a pipeline of a public water system;
(VI) electrical power transmission
and distribution facilities required for
the operation and maintenance of the
Musselshell-Judith Rural Water System;
(VII) <<NOTE: Determination.>> any
other facility or service required for
the development of a rural water
distribution system, as determined by
the Secretary; and
[[Page 134 STAT. 3248]]
(VIII) any property or property
right required for the construction or
operation of a facility described in
this subsection.
(ii) Limitation.--Federal funds made available
to carry out this subsection shall not be used for
the operation, maintenance, or replacement of the
Musselshell-Judith Rural Water System.
(iii) Title.--Title to the Musselshell-Judith
Rural Water System shall be held by the Authority.
(e) Dry-Redwater Feasibility Study.--
(1) Definitions.--In this subsection:
(A) Dry-redwater regional water authority.--The term
``Dry-Redwater Regional Water Authority'' means--
(i) the Dry-Redwater Regional Water Authority,
a publicly owned nonprofit water authority formed
in accordance with Mont. Code Ann. Sec. 75-6-302
(2007); and
(ii) any nonprofit successor entity to the
Authority described in clause (i).
(B) Dry-redwater regional water authority system.--
The term ``Dry-Redwater Regional Water Authority
System'' means the project entitled the ``Dry-Redwater
Regional Water Authority System'', with a project
service area that includes--
(i) Garfield and McCone Counties in the State;
(ii) the area west of the Yellowstone River in
Dawson and Richland Counties in the State;
(iii) T. 15 N. (including the area north of
the Township) in Prairie County in the State; and
(iv) the portion of McKenzie County, North
Dakota, that includes all land that is located
west of the Yellowstone River in the State of
North Dakota.
(C) Reclamation feasibility standards.--The term
``reclamation feasibility standards'' means the
eligibility criteria and feasibility study requirements
described in section 106 of the Reclamation Rural Water
Supply Act of 2006 (43 U.S.C. 2405) (as in effect on
September 29, 2016).
(D) Submitted feasibility study.--The term
``submitted feasibility study'' means the feasibility
study entitled ``Dry-Redwater Regional Water System
Feasibility Study'' (including revisions of the study),
which received funding from the Bureau of Reclamation on
September 1, 2010.
(2) Study.--
(A) <<NOTE: Consultation. Review. Determination.>>
In general.--The Secretary, in consultation with the
Dry-Redwater Regional Water Authority, may undertake a
study, including a review of the submitted feasibility
study, to determine the feasibility of constructing the
Dry-Redwater Regional Water System.
(B) Requirement.--The study under subparagraph (A)
shall comply with the reclamation feasibility standards.
(3) <<NOTE: Determination.>> Cooperative agreement.--If the
Secretary determines that the study under paragraph (2) does not
comply with the reclamation feasibility standards, the Secretary
may enter into a cooperative agreement with the Dry-Redwater
Regional Water Authority to complete additional work to ensure
that the study complies with the reclamation feasibility
standards.
[[Page 134 STAT. 3249]]
(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $5,000,000 to carry out this
subsection.
(5) Termination.--The authority provided by this subsection
shall expire on the date that is 5 years after the date of
enactment of this Act.
(f) Water Rights.--Nothing in this Act--
(1) preempts or affects any State water law; or
(2) affects any authority of a State, as in effect on the
date of enactment of this Act, to manage water resources within
that State.
(g) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out the planning, design, and construction of the
Musselshell-Judith Rural Water System, substantially in
accordance with the cost estimate set forth in the feasibility
report described in subsection (d)(1), $56,650,000.
(2) Cost indexing.--The amount authorized to be appropriated
under paragraph (1) may be increased or decreased in accordance
with ordinary fluctuations in development costs incurred after
November 1, 2014, as indicated by any available engineering cost
indices applicable to construction activities that are similar
to the construction of the Musselshell-Judith Rural Water
System.
SEC. 1111. <<NOTE: Snow Water Supply Forecasting Program
Authorization Act. 43 USC 1477.>> SNOW
WATER SUPPLY FORECASTING.
(a) Short Title.--This section may be cited as the ``Snow Water
Supply Forecasting Program Authorization Act''.
(b) Definition of Program.--In this Act, the term ``program'' means
the Snow Water Supply Forecasting Program established by subsection (c).
(c) Snow Water Supply Forecasting Program.--
(1) Program establishment.--The Snow Water Supply
Forecasting Program is hereby established within the Department
of the Interior.
(2) Program implementation.--To implement the program, the
Secretary shall--
(A) develop the program framework in coordination
with other Federal agencies pursuant to subsection (d),
culminating in the report required under subsection
(d)(3); and
(B) after submitting the report required by
subsection (d)(3), implement activities to improve
snowpack measurement in particular watersheds pursuant
to subsection (e).
(d) Development of Program Framework in Coordination With Other
Federal Agencies.--
(1) Snowpack measurement data.--When determining water
supply forecasts or allocations to Federal water contractors,
the Secretary, acting through the Commissioner of the Bureau of
Reclamation, shall incorporate, to the greatest extent
practicable, information from emerging technologies for snowpack
measurement, such as--
(A) synthetic aperture radar;
(B) laser altimetry; and
(C) <<NOTE: Determination.>> other emerging
technologies that the Secretary determines are likely to
provide more accurate or timely snowpack measurement
data.
[[Page 134 STAT. 3250]]
(2) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate data use and collection efforts with
other Federal agencies that use or may benefit from the use of
emerging technologies for snowpack measurement.
(3) Emerging technologies report.--Not later than October 1,
2021, the Secretary shall submit to Congress a report that--
(A) summarizes the use of emerging technologies
pursuant to this Act;
(B) describes benefits derived from the use of
technologies summarized under subparagraph (A) related
to the environment and increased water supply
reliability; and
(C) describes how Federal agencies will coordinate
to implement emerging technologies.
(e) Program Implementation.--
(1) Activities implementing framework.--After submitting the
report required under subsection (d)(3), the Secretary shall
participate with program partners in implementing activities to
improve snowpack measurement in particular watersheds.
(2) Focus.--The program shall focus on activities that will
maintain, establish, expand, or advance snowpack measurement
consistent with the report required by subsection (d)(3), with
an emphasis on--
(A) enhancing activities in river basins to achieve
improved snow and water supply forecasting results;
(B) activities in river basins where snow water
supply forecasting related activities described in this
Act are not occurring on the date of the enactment of
this Act; and
(C) demonstrating or testing new, or improving
existing, snow and water supply forecasting technology.
(3) Information sharing.--The Secretary may provide
information collected and analyzed under this Act to program
partners through appropriate mechanisms, including interagency
agreements with Federal agencies, States, State agencies, or a
combination thereof, leases, contracts, cooperative agreements,
grants, loans, and memoranda of understanding.
(4) <<NOTE: Determination.>> Program partners.--Program
partners with whom the Secretary enters into cooperative
agreements pursuant to paragraph (5) may include water
districts, irrigation districts, water associations,
universities, State agencies, other Federal agencies, private
sector entities, non-governmental organizations, and other
entities, as determined by the Secretary.
(5) Cooperative agreements.--The Secretary may--
(A) enter into cooperative agreements with program
partners to allow the program to be administered
efficiently and cost effectively through cost-sharing or
by providing additional in-kind resources necessary for
program implementation; and
(B) provide nonreimbursable matching funding for
programmatic and operational activities under this Act
in consultation with program partners.
(6) Environmental laws.--Nothing in this Act shall modify
any obligation of the Secretary to comply with applicable
Federal and State environmental laws in carrying out this Act.
[[Page 134 STAT. 3251]]
(f) <<NOTE: Lists.>> Program Implementation Report.--Not later than
4 years after the date of the enactment of this Act, the Secretary shall
submit a report to the Committee on Natural Resources and the Committee
on Appropriations of the House of Representatives and the Committee on
Energy and Natural Resources and the Committee on Appropriations of the
Senate, that includes--
(1) a list of basins and sub-basins for which snowpack
measurement technologies are being used under the program,
including a description of each technology used; and
(2) a list of Federal agencies and program partners
participating in each basin or sub-basin listed in paragraph
(1).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this Act $15,000,000, in the
aggregate, for fiscal years 2022 through 2026.
SEC. 1112. WATER TECHNOLOGY INVESTMENT.
The Water Desalination Act of 1996 (Public Law 104-298; 42 U.S.C.
10301 note) is amended--
(1) in section 4(a)(1), by inserting ``, including modules
specifically designed for brine management'' after ``and
concepts''; and
(2) in section 8(b)--
(A) by striking ``3,000,000'' and inserting
``20,000,000''; and
(B) by striking ``2017 through 2021'' and inserting
``2022 through 2026, in addition to the authorization of
appropriations for projects in section 4(a)(2)(F)''.
SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.
Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645) is amended--
(1) in subsection (a)(1), by inserting ``urban Indian
organizations,'' before ``and tribal organizations''; and
(2) in subsection (c)--
(A) by inserting ``urban Indian organization,''
before ``or tribal organization''; and
(B) by inserting ``an urban Indian organization,''
before ``or a tribal organization''.
SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.
Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
1647b) is amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting
``(25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.)''.
SEC. 1115. <<NOTE: 33 USC 2330c note.>> DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(2) Reclamation state.--The term ``Reclamation State'' means
a State or territory described in the first section of the Act
of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page 134 STAT. 3252]]
TITLE XII--HORSERACING <<NOTE: Horseracing Integrity and Safety Act of
2020.>> INTEGRITY AND SAFETY
SEC. 1201. <<NOTE: 15 USC 3051 note.>> SHORT TITLE.
This title may be cited as the ``Horseracing Integrity and Safety
Act of 2020''.
SEC. 1202. <<NOTE: 13 USC 3051.>> DEFINITIONS.
In this Act the following definitions apply:
(1) Authority.--The term ``Authority'' means the Horseracing
Integrity and Safety Authority designated by section 1203(a).
(2) Breeder.--The term ``breeder'' means a person who is in
the business of breeding covered horses.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Covered horse.--The term ``covered horse'' means any
Thoroughbred horse, or any other horse made subject to this Act
by election of the applicable State racing commission or the
breed governing organization for such horse under section
1205(k), during the period--
(A) beginning on the date of the horse's first timed
and reported workout at a racetrack that participates in
covered horseraces or at a training facility; and
(B) ending on the date on which the Authority
receives written notice that the horse has been retired.
(5) Covered horserace.--The term ``covered horserace'' means
any horserace involving covered horses that has a substantial
relation to interstate commerce, including any Thoroughbred
horserace that is the subject of interstate off-track or advance
deposit wagers.
(6) Covered persons.--The term ``covered persons'' means all
trainers, owners, breeders, jockeys, racetracks, veterinarians,
persons (legal and natural) licensed by a State racing
commission and the agents, assigns, and employees of such
persons and other horse support personnel who are engaged in the
care, training, or racing of covered horses.
(7) Equine constituencies.--The term ``equine
constituencies'' means, collectively, owners, breeders,
trainers, racetracks, veterinarians, State racing commissions,
and jockeys who are engaged in the care, training, or racing of
covered horses.
(8) Equine industry representative.--The term ``equine
industry representative'' means an organization regularly and
significantly engaged in the equine industry, including
organizations that represent the interests of, and whose
membership consists of, owners, breeders, trainers, racetracks,
veterinarians, State racing commissions, and jockeys.
(9) Horseracing anti-doping and medication control
program.--The term ``horseracing anti-doping and medication
control program'' means the anti-doping and medication program
established under section 1206(a).
(10) Immediate family member.--The term ``immediate family
member'' shall include a spouse, domestic partner, mother,
father, aunt, uncle, sibling, or child.
[[Page 134 STAT. 3253]]
(11) Interstate off-track wager.--The term ``interstate off-
track wager'' has the meaning given such term in section 3 of
the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
(12) Jockey.--The term ``jockey'' means a rider or driver of
a covered horse in covered horseraces.
(13) Owner.--The term ``owner'' means a person who holds an
ownership interest in one or more covered horses.
(14) Program effective date.--The term ``program effective
date'' means July 1, 2022.
(15) Racetrack.--The term ``racetrack'' means an
organization licensed by a State racing commission to conduct
covered horseraces.
(16) Racetrack safety program.--The term ``racetrack safety
program'' means the program established under section 1207(a).
(17) Stakes race.--The term ``stakes race'' means any race
so designated by the racetrack at which such race is run,
including, without limitation, the races comprising the
Breeders' Cup World Championships and the races designated as
graded stakes by the American Graded Stakes Committee of the
Thoroughbred Owners and Breeders Association.
(18) State racing commission.--The term ``State racing
commission'' means an entity designated by State law or
regulation that has jurisdiction over the conduct of horseracing
within the applicable State.
(19) Trainer.--The term ``trainer'' means an individual
engaged in the training of covered horses.
(20) Training facility.--The term ``training facility''
means a location that is not a racetrack licensed by a State
racing commission that operates primarily to house covered
horses and conduct official timed workouts.
(21) Veterinarian.--The term ``veterinarian'' means a
licensed veterinarian who provides veterinary services to
covered horses.
(22) Workout.--The term ``workout'' means a timed running of
a horse over a predetermined distance not associated with a race
or its first qualifying race, if such race is made subject to
this Act by election under section 1205(k) of the horse's breed
governing organization or the applicable State racing
commission.
SEC. 1203. <<NOTE: 15 USC 3052.>> RECOGNITION OF THE HORSERACING
INTEGRITY AND SAFETY AUTHORITY.
(a) In General.--The private, independent, self-regulatory,
nonprofit corporation, to be known as the ``Horseracing Integrity and
Safety Authority'', is recognized for purposes of developing and
implementing a horseracing anti-doping and medication control program
and a racetrack safety program for covered horses, covered persons, and
covered horseraces.
(b) Board of Directors.--
(1) Membership.--The Authority shall be governed by a board
of directors (in this section referred to as the ``Board'')
comprised of nine members as follows:
(A) Independent members.--Five members of the Board
shall be independent members selected from outside the
equine industry.
(B) Industry members.--
[[Page 134 STAT. 3254]]
(i) In general.--Four members of the Board
shall be industry members selected from among the
various equine constituencies.
(ii) Representation of equine
constituencies.--The industry members shall be
representative of the various equine
constituencies, and shall include not more than
one industry member from any one equine
constituency.
(2) Chair.--The chair of the Board shall be an independent
member described in paragraph (1)(A).
(3) Bylaws.--The Board of the Authority shall be governed by
bylaws for the operation of the Authority with respect to--
(A) the administrative structure and employees of
the Authority;
(B) the establishment of standing committees;
(C) the procedures for filling vacancies on the
Board and the standing committees;
(D) term limits for members and termination of
membership; and
(E) any other matter the Board considers necessary.
(c) Standing Committees.--
(1) Anti-doping and medication control standing committee.--
(A) In general.--The Authority shall establish an
anti-doping and medication control standing committee,
which shall provide advice and guidance to the Board on
the development and maintenance of the horseracing anti-
doping and medication control program.
(B) Membership.--The anti-doping and medication
control standing committee shall be comprised of seven
members as follows:
(i) Independent members.--A majority of the
members shall be independent members selected from
outside the equine industry.
(ii) Industry members.--A minority of the
members shall be industry members selected to
represent the various equine constituencies, and
shall include not more than one industry member
from any one equine constituency.
(iii) Qualification.--A majority of
individuals selected to serve on the anti-doping
and medication control standing committee shall
have significant, recent experience in anti-doping
and medication control rules.
(C) Chair.--The chair of the anti-doping and
medication control standing committee shall be an
independent member of the Board described in subsection
(b)(1)(A).
(2) Racetrack safety standing committee.--
(A) In general.--The Authority shall establish a
racetrack safety standing committee, which shall provide
advice and guidance to the Board on the development and
maintenance of the racetrack safety program.
(B) Membership.--The racetrack safety standing
committee shall be comprised of seven members as
follows:
(i) Independent members.--A majority of the
members shall be independent members selected from
outside the equine industry.
[[Page 134 STAT. 3255]]
(ii) Industry members.--A minority of the
members shall be industry members selected to
represent the various equine constituencies.
(C) Chair.--The chair of the racetrack safety
standing committee shall be an industry member of the
Board described in subsection (b)(1)(B).
(d) Nominating Committee.--
(1) Membership.--
(A) In general.--The nominating committee of the
Authority shall be comprised of seven independent
members selected from business, sports, and academia.
(B) Initial membership.--The initial nominating
committee members shall be set forth in the governing
corporate documents of the Authority.
(C) Vacancies.--After the initial committee members
are appointed in accordance with subparagraph (B),
vacancies shall be filled by the Board pursuant to rules
established by the Authority.
(2) Chair.--The chair of the nominating committee shall be
selected by the nominating committee from among the members of
the nominating committee.
(3) Selection of members of the board and standing
committees.--
(A) Initial members.--The nominating committee shall
select the initial members of the Board and the standing
committees described in subsection (c).
(B) Subsequent members.-- The nominating committee
shall recommend individuals to fill any vacancy on the
Board or on such standing committees.
(e) Conflicts of Interest.--To avoid conflicts of interest, the
following individuals may not be selected as a member of the Board or as
an independent member of a nominating or standing committee under this
section:
(1) An individual who has a financial interest in, or
provides goods or services to, covered horses.
(2) An official or officer--
(A) of an equine industry representative; or
(B) who serves in a governance or policymaking
capacity for an equine industry representative.
(3) An employee of, or an individual who has a business or
commercial relationship with, an individual described in
paragraph (1) or (2).
(4) An immediate family member of an individual described in
paragraph (1) or (2).
(f) Funding.--
(1) Initial funding.--
(A) In general.--Initial funding to establish the
Authority and underwrite its operations before the
program effective date shall be provided by loans
obtained by the Authority.
(B) Borrowing.--The Authority may borrow funds
toward the funding of its operations.
(C) Annual calculation of amounts required.--
(i) <<NOTE: Deadlines. Determination.>> In
general.--Not later than the date that is 90 days
before the program effective date, and not later
than November 1 each year thereafter, the
Authority shall determine and provide to each
State
[[Page 134 STAT. 3256]]
racing commission the estimated amount required
from the State--
(I) to fund the State's
proportionate share of the horseracing
anti-doping and medication control
program and the racetrack safety program
for the next calendar year; and
(II) to liquidate the State's
proportionate share of any loan or
funding shortfall in the current
calendar year and any previous calendar
year.
(ii) Basis of calculation.--The amounts
calculated under clause (i) shall--
(I) be based on--
(aa) the annual budget of
the Authority for the following
calendar year, as approved by
the Board; and
(bb) the projected amount of
covered racing starts for the
year in each State; and
(II) take into account other sources
of Authority revenue.
(iii) Requirements regarding budgets of
authority.--
(I) Initial budget.--The initial
budget of the Authority shall require
the approval of \2/3\ of the Board.
(II) Subsequent budgets.--Any
subsequent budget that exceeds the
budget of the preceding calendar year by
more than 5 percent shall require the
approval of \2/3\ of the Board.
(iv) Rate increases.--
(I) In general.--A proposed increase
in the amount required under this
subparagraph shall be reported to the
Commission.
(II) <<NOTE: Federal Register,
publication.>> Notice and comment.--The
Commission shall publish in the Federal
Register such a proposed increase and
provide an opportunity for public
comment.
(2) Assessment and collection of fees by states.--
(A) <<NOTE: Deadline.>> Notice of election.--Any
State racing commission that elects to remit fees
pursuant to this subsection shall notify the Authority
of such election not later than 60 days before the
program effective date.
(B) <<NOTE: Regulations.>> Requirement to remit
fees.--After a State racing commission makes a
notification under subparagraph (A), the election shall
remain in effect and the State racing commission shall
be required to remit fees pursuant to this subsection
according to a schedule established in rule developed by
the Authority and approved by the Commission.
(C) <<NOTE: Termination date.>> Withdrawal of
election.--A State racing commission may cease remitting
fees under this subsection not earlier than one year
after notifying the Authority of the intent of the State
racing commission to do so.
(D) Determination of methods.--Each State racing
commission shall determine, subject to the applicable
laws, regulations, and contracts of the State, the
method by which the requisite amount of fees, such as
foal registration fees, sales contributions, starter
fees, and track fees, and
[[Page 134 STAT. 3257]]
other fees on covered persons, shall be allocated,
assessed, and collected.
(3) Assessment and collection of fees by the authority.--
(A) <<NOTE: Time period.>> Calculation.--If a State
racing commission does not elect to remit fees pursuant
to paragraph (2) or withdraws its election under such
paragraph, the Authority shall, not less frequently than
monthly, calculate the applicable fee per racing start
multiplied by the number of racing starts in the State
during the preceding month.
(B) Allocation.--The Authority shall allocate
equitably the amount calculated under subparagraph (A)
collected among covered persons involved with covered
horseraces pursuant to such rules as the Authority may
promulgate.
(C) Assessment and collection.--
(i) In general.--The Authority shall assess a
fee equal to the allocation made under
subparagraph (B) and shall collect such fee
according to such rules as the Authority may
promulgate.
(ii) Remittance of fees.--Covered persons
described in subparagraph (B) shall be required to
remit such fees to the Authority.
(D) Limitation.--A State racing commission that does
not elect to remit fees pursuant to paragraph (2) or
that withdraws its election under such paragraph shall
not impose or collect from any person a fee or tax
relating to anti-doping and medication control or
racetrack safety matters for covered horseraces.
(4) Fees and fines.--Fees and fines imposed by the Authority
shall be allocated toward funding of the Authority and its
activities.
(5) Rule of construction.--Nothing in this Act shall be
construed to require--
(A) the appropriation of any amount to the
Authority; or
(B) the Federal Government to guarantee the debts of
the Authority.
(g) Quorum.--For all items where Board approval is required, the
Authority shall have present a majority of independent members.
SEC. 1204. <<NOTE: 15 USC 3053.>> FEDERAL TRADE COMMISSION
OVERSIGHT.
(a) In General.--The Authority shall submit to the Commission, in
accordance with such rules as the Commission may prescribe under section
553 of title 5, United States Code, any proposed rule, or proposed
modification to a rule, of the Authority relating to--
(1) the bylaws of the Authority;
(2) a list of permitted and prohibited medications,
substances, and methods, including allowable limits of permitted
medications, substances, and methods;
(3) laboratory standards for accreditation and protocols;
(4) standards for racing surface quality maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data analysis;
[[Page 134 STAT. 3258]]
(7) a program of research and education on safety,
performance, and anti-doping and medication control;
(8) a description of safety, performance, and anti-doping
and medication control rule violations applicable to covered
horses and covered persons;
(9) a schedule of civil sanctions for violations;
(10) a process or procedures for disciplinary hearings; and
(11) a formula or methodology for determining assessments
described in section 1203(f).
(b) Publication and Comment.--
(1) In general.--The Commission shall--
(A) <<NOTE: Federal Register, publication.>>
publish in the Federal Register each proposed rule or
modification submitted under subsection (a); and
(B) provide an opportunity for public comment.
(2) Approval required.--A proposed rule, or a proposed
modification to a rule, of the Authority shall not take effect
unless the proposed rule or modification has been approved by
the Commission.
(c) Decision on Proposed Rule or Modification to a Rule.--
(1) <<NOTE: Deadlines.>> In general.--Not later than 60
days after the date on which a proposed rule or modification is
published in the Federal Register, the Commission shall approve
or disapprove the proposed rule or modification.
(2) Conditions.--The Commission shall approve a proposed
rule or modification if the Commission finds that the proposed
rule or modification is consistent with--
(A) this Act; and
(B) applicable rules approved by the Commission.
(3) Revision of proposed rule or modification.--
(A) <<NOTE: Recommenda- tions.>> In general.--In
the case of disapproval of a proposed rule or
modification under this subsection, not later than 30
days after the issuance of the disapproval, the
Commission shall make recommendations to the Authority
to modify the proposed rule or modification.
(B) Resubmission.--The Authority may resubmit for
approval by the Commission a proposed rule or
modification that incorporates the modifications
recommended under subparagraph (A).
(d) Proposed Standards and Procedures.--
(1) In general.--The Authority shall submit to the
Commission any proposed rule, standard, or procedure developed
by the Authority to carry out the horseracing anti-doping and
medication control program or the racetrack safety program.
(2) <<NOTE: Federal Register, publication.>> Notice and
comment.--The Commission shall publish in the Federal Register
any such proposed rule, standard, or procedure and provide an
opportunity for public comment.
(e) Interim Final Rules.--The Commission may adopt an interim final
rule, to take effect immediately, under conditions specified in section
553(b)(B) of title 5, United States Code, if the Commission finds that
such a rule is necessary to protect--
(1) the health and safety of covered horses; or
(2) the integrity of covered horseraces and wagering on
those horseraces.
[[Page 134 STAT. 3259]]
SEC. 1205. <<NOTE: 15 USC 3054.>> JURISDICTION OF THE COMMISSION
AND THE HORSERACING INTEGRITY AND SAFETY
AUTHORITY.
(a) <<NOTE: Effective date.>> In General.--Beginning on the program
effective date, the Commission, the Authority, and the anti-doping and
medication control enforcement agency, each within the scope of their
powers and responsibilities under this Act, as limited by subsection
(j), shall--
(1) implement and enforce the horseracing anti-doping and
medication control program and the racetrack safety program;
(2) exercise independent and exclusive national authority
over--
(A) the safety, welfare, and integrity of covered
horses, covered persons, and covered horseraces; and
(B) all horseracing safety, performance, and anti-
doping and medication control matters for covered
horses, covered persons, and covered horseraces; and
(3) have safety, performance, and anti-doping and medication
control authority over covered persons similar to such authority
of the State racing commissions before the program effective
date.
(b) Preemption.--The rules of the Authority promulgated in
accordance with this Act shall preempt any provision of State law or
regulation with respect to matters within the jurisdiction of the
Authority under this Act, as limited by subsection (j). Nothing
contained in this Act shall be construed to limit the authority of the
Commission under any other provision of law.
(c) Duties.--
(1) In general.--The Authority--
(A) shall develop uniform procedures and rules
authorizing--
(i) access to offices, racetrack facilities,
other places of business, books, records, and
personal property of covered persons that are used
in the care, treatment, training, and racing of
covered horses;
(ii) issuance and enforcement of subpoenas and
subpoenas duces tecum; and
(iii) other investigatory powers of the nature
and scope exercised by State racing commissions
before the program effective date; and
(B) with respect to an unfair or deceptive act or
practice described in section 1210, may recommend that
the Commission commence an enforcement action.
(2) Approval of commission.--The procedures and rules
developed under paragraph (1)(A) shall be subject to approval by
the Commission in accordance with section 1204.
(d) Registration of Covered Persons With Authority.--
(1) <<NOTE: Regulations.>> In general.--As a condition of
participating in covered races and in the care, ownership,
treatment, and training of covered horses, a covered person
shall register with the Authority in accordance with rules
promulgated by the Authority and approved by the Commission in
accordance with section 1204.
(2) Agreement with respect to authority rules, standards,
and procedures.--Registration under this subsection shall
include an agreement by the covered person to be subject to and
comply with the rules, standards, and procedures developed and
approved under subsection (c).
[[Page 134 STAT. 3260]]
(3) Cooperation.--A covered person registered under this
subsection shall, at all times--
(A) cooperate with the Commission, the Authority,
the anti-doping and medication control enforcement
agency, and any respective designee, during any civil
investigation; and
(B) respond truthfully and completely to the best of
the knowledge of the covered person if questioned by the
Commission, the Authority, the anti-doping and
medication control enforcement agency, or any respective
designee.
(4) Failure to comply.--Any failure of a covered person to
comply with this subsection shall be a violation of section
1208(a)(2)(G).
(e) <<NOTE: Contracts.>> Enforcement of Programs.--
(1) Anti-doping and medication control enforcement agency.--
(A) Agreement with usada.--The Authority shall seek
to enter into an agreement with the United States Anti-
Doping Agency under which the Agency acts as the anti-
doping and medication control enforcement agency under
this Act for services consistent with the horseracing
anti-doping and medication control program.
(B) Agreement with other entity.--If the Authority
and the United States Anti-Doping Agency are unable to
enter into the agreement described in subparagraph (A),
the Authority shall enter into an agreement with an
entity that is nationally recognized as being a
medication regulation agency equal in qualification to
the United States Anti-Doping Agency to act as the anti-
doping and medication control enforcement agency under
this Act for services consistent with the horseracing
anti-doping and medication control program.
(C) Negotiations.--Any negotiations under this
paragraph shall be conducted in good faith and designed
to achieve efficient, effective best practices for anti-
doping and medication control and enforcement on
commercially reasonable terms.
(D) Elements of agreement.--Any agreement under this
paragraph shall include a description of the scope of
work, performance metrics, reporting obligations, and
budgets of the United States Anti-Doping Agency while
acting as the anti-doping and medication control
enforcement agency under this Act, as well as a
provision for the revision of the agreement to increase
in the scope of work as provided for in subsection (k),
and any other matter the Authority considers
appropriate.
(E) Duties and powers of enforcement agency.--The
anti-doping and medication control enforcement agency
under an agreement under this paragraph shall--
(i) serve as the independent anti-doping and
medication control enforcement organization for
covered horses, covered persons, and covered
horseraces, implementing the anti-doping and
medication control program on behalf of the
Authority;
(ii) ensure that covered horses and covered
persons are deterred from using or administering
medications,
[[Page 134 STAT. 3261]]
substances, and methods in violation of the rules
established in accordance with this Act;
(iii) implement anti-doping education,
research, testing, compliance and adjudication
programs designed to prevent covered persons and
covered horses from using or administering
medications, substances, and methods in violation
of the rules established in accordance with this
Act;
(iv) exercise the powers specified in section
1206(c)(4) in accordance with that section; and
(v) implement and undertake any other
responsibilities specified in the agreement.
(F) Term and extension.--
(i) Term of initial agreement.--The initial
agreement entered into by the Authority under this
paragraph shall be in effect for the 5-year period
beginning on the program effective date.
(ii) Extension.--At the end of the 5-year
period described in clause (i), the Authority
may--
(I) extend the term of the initial
agreement under this paragraph for such
additional term as is provided by the
rules of the Authority and consistent
with this Act; or
(II) enter into an agreement meeting
the requirements of this paragraph with
an entity described by subparagraph (B)
for such term as is provided by such
rules and consistent with this Act.
(2) Agreements for enforcement by state racing
commissions.--
(A) State racing commissions.--
(i) Racetrack safety program.--The Authority
may enter into agreements with State racing
commissions for services consistent with the
enforcement of the racetrack safety program.
(ii) Anti-doping and medication control
program.--The anti-doping and medication control
enforcement agency may enter into agreements with
State racing commissions for services consistent
with the enforcement of the anti-doping and
medication control program.
(B) Elements of agreements.--Any agreement under
this paragraph shall include a description of the scope
of work, performance metrics, reporting obligations,
budgets, and any other matter the Authority considers
appropriate.
(3) <<NOTE: Coordination.>> Enforcement of standards.--The
Authority may coordinate with State racing commissions and other
State regulatory agencies to monitor and enforce racetrack
compliance with the standards developed under paragraphs (1) and
(2) of section 1207(c).
(f) Procedures With Respect to Rules of Authority.--
(1) Anti-doping and medication control.--
(A) <<NOTE: Recommenda- tions.>> In general.--
Recommendations for rules regarding anti-doping and
medication control shall be developed in accordance with
section 1206.
[[Page 134 STAT. 3262]]
(B) Consultation.--The anti-doping and medication
control enforcement agency shall consult with the anti-
doping and medication control standing committee and the
Board of the Authority on all anti-doping and medication
control rules of the Authority.
(2) <<NOTE: Recommenda- tions.>> Racetrack safety.--
Recommendations for rules regarding racetrack safety shall be
developed by the racetrack safety standing committee of the
Authority.
(g) Issuance of Guidance.--
(1) The Authority may issue guidance that--
(A) sets forth--
(i) an interpretation of an existing rule,
standard, or procedure of the Authority; or
(ii) a policy or practice with respect to the
administration or enforcement of such an existing
rule, standard, or procedure; and
(B) relates solely to--
(i) the administration of the Authority; or
(ii) any other matter, as specified by the
Commission, by rule, consistent with the public
interest and the purposes of this subsection.
(2) Submittal to commission.--The Authority shall submit to
the Commission any guidance issued under paragraph (1).
(3) Immediate effect.--Guidance issued under paragraph (1)
shall take effect on the date on which the guidance is submitted
to the Commission under paragraph (2).
(h) Subpoena and Investigatory Authority.--The Authority shall have
subpoena and investigatory authority with respect to civil violations
committed under its jurisdiction.
(i) Civil Penalties.--The Authority shall develop a list of civil
penalties with respect to the enforcement of rules for covered persons
and covered horseraces under its jurisdiction.
(j) Civil Actions.--
(1) In general.--In addition to civil sanctions imposed
under section 1208, the Authority may commence a civil action
against a covered person or racetrack that has engaged, is
engaged, or is about to engage, in acts or practices
constituting a violation of this Act or any rule established
under this Act in the proper district court of the United
States, the United States District Court for the District of
Columbia, or the United States courts of any territory or other
place subject to the jurisdiction of the United States, to
enjoin such acts or practices, to enforce any civil sanctions
imposed under that section, and for all other relief to which
the Authority may be entitled.
(2) Injunctions and restraining orders.--With respect to a
civil action commenced under paragraph (1), upon a proper
showing, a permanent or temporary injunction or restraining
order shall be granted without bond.
(k) Limitations on Authority.--
(1) Prospective application.--The jurisdiction and authority
of the Authority and the Commission with respect to the
horseracing anti-doping and medication control program and the
racetrack safety program shall be prospective only.
(2) Previous matters.--
[[Page 134 STAT. 3263]]
(A) In general.--The Authority and the Commission
may not investigate, prosecute, adjudicate, or penalize
conduct in violation of the horseracing anti-doping and
medication control program and the racetrack safety
program that occurs before the program effective date.
(B) State racing commission.--With respect to
conduct described in subparagraph (A), the applicable
State racing commission shall retain authority until the
final resolution of the matter.
(3) Other laws unaffected.--This Act shall not be construed
to modify, impair or restrict the operation of the general laws
or regulations, as may be amended from time to time, of the
United States, the States and their political subdivisions
relating to criminal conduct, cruelty to animals, matters
unrelated to antidoping, medication control and racetrack and
racing safety of covered horses and covered races, and the use
of medication in human participants in covered races.
(l) Election for Other Breed Coverage Under Act.--
(1) In general.--A State racing commission or a breed
governing organization for a breed of horses other than
Thoroughbred horses may elect to have such breed be covered by
this Act by the filing of a designated election form and
subsequent approval by the Authority. A State racing commission
may elect to have a breed covered by this Act for the applicable
State only.
(2) Election conditional on funding mechanism.--A commission
or organization may not make an election under paragraph (1)
unless the commission or organization has in place a mechanism
to provide sufficient funds to cover the costs of the
administration of this Act with respect to the horses that will
be covered by this Act as a result of the election.
(3) Apportionment.--The Authority shall apportion costs
described in paragraph (2) in connection with an election under
paragraph (1) fairly among all impacted segments of the
horseracing industry, subject to approval by the Commission in
accordance with section 1204. Such apportionment may not provide
for the allocation of costs or funds among breeds of horses.
SEC. 1206. <<NOTE: 15 USC 3055.>> HORSERACING ANTI-DOPING AND
MEDICATION CONTROL PROGRAM.
(a) Program Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than the
program effective date, and after notice and an opportunity for
public comment in accordance with section 1204, the Authority
shall establish a horseracing anti-doping and medication control
program applicable to all covered horses, covered persons, and
covered horseraces in accordance with the registration of
covered persons under section 1205(d).
(2) Consideration of other breeds.--In developing the
horseracing anti-doping and medication control program with
respect to a breed of horse that is made subject to this Act by
election of a State racing commission or the breed governing
organization for such horse under section 1205(k), the Authority
shall consider the unique characteristics of such breed.
[[Page 134 STAT. 3264]]
(b) Considerations in Development of Program.--In developing the
horseracing anti-doping and medication control program, the Authority
shall take into consideration the following:
(1) Covered horses should compete only when they are free
from the influence of medications, other foreign substances, and
methods that affect their performance.
(2) Covered horses that are injured or unsound should not
train or participate in covered races, and the use of
medications, other foreign substances, and treatment methods
that mask or deaden pain in order to allow injured or unsound
horses to train or race should be prohibited.
(3) Rules, standards, procedures, and protocols regulating
medication and treatment methods for covered horses and covered
races should be uniform and uniformly administered nationally.
(4) To the extent consistent with this Act, consideration
should be given to international anti-doping and medication
control standards of the International Federation of Horseracing
Authorities and the Principles of Veterinary Medical Ethics of
the American Veterinary Medical Association.
(5) The administration of medications and treatment methods
to covered horses should be based upon an examination and
diagnosis that identifies an issue requiring treatment for which
the medication or method represents an appropriate component of
treatment.
(6) The amount of therapeutic medication that a covered
horse receives should be the minimum necessary to address the
diagnosed health concerns identified during the examination and
diagnostic process.
(7) The welfare of covered horses, the integrity of the
sport, and the confidence of the betting public require full
disclosure to regulatory authorities regarding the
administration of medications and treatments to covered horses.
(c) Activities.--The following activities shall be carried out under
the horseracing anti-doping and medication control program:
(1) <<NOTE: Deadline.>> Standards for anti-doping and
medication control.--Not later than 120 days before the program
effective date, the Authority shall issue, by rule--
(A) uniform standards for--
(i) the administration of medication to
covered horses by covered persons; and
(ii) laboratory testing accreditation and
protocols; and
(B) <<NOTE: List.>> a list of permitted and
prohibited medications, substances, and methods,
including allowable limits of permitted medications,
substances, and methods.
(2) Review process for administration of medication.--
The <<NOTE: Time period.>> development of a review process for
the administration of any medication to a covered horse during
the 48-hour period preceding the next racing start of the
covered horse.
(3) Agreement requirements.--The development of requirements
with respect to agreements under section 1205(e).
(4) Anti-doping and medication control enforcement agency.--
(A) <<NOTE: Consultation.>> Control rules,
protocols, etc.--Except as provided in paragraph (5),
the anti-doping and medication control program
enforcement agency under section 1205(e)
[[Page 134 STAT. 3265]]
shall, in consultation with the anti-doping and
medication control standing committee of the Authority
and consistent with international best practices,
develop and recommend anti-doping and medication control
rules, protocols, policies, and guidelines for approval
by the Authority.
(B) Results management.--The anti-doping and
medication control enforcement agency shall conduct and
oversee anti-doping and medication control results
management, including independent investigations,
charging and adjudication of potential medication
control rule violations, and the enforcement of any
civil sanctions for such violations. Any final decision
or civil sanction of the anti-doping and medication
control enforcement agency under this subparagraph shall
be the final decision or civil sanction of the
Authority, subject to review in accordance with section
1209.
(C) Testing.--The anti-doping enforcement agency
shall perform and manage test distribution planning
(including intelligence-based testing), the sample
collection process, and in-competition and out-of-
competition testing (including no-advance-notice
testing).
(D) Testing laboratories.--The anti-doping and
medication control enforcement agency shall accredit
testing laboratories based upon the standards
established under this Act, and shall monitor, test, and
audit accredited laboratories to ensure continuing
compliance with accreditation standards.
(5) Anti-doping and medication control standing committee.--
<<NOTE: Consultation. Lists. Recommenda- tions.>> The anti-
doping and medication control standing committee shall, in
consultation with the anti-doping and medication control
enforcement agency, develop lists of permitted and prohibited
medications, methods, and substances for recommendation to, and
approval by, the Authority. <<NOTE: Determination.>> Any such
list may prohibit the administration of any substance or method
to a horse at any time after such horse becomes a covered horse
if the Authority determines such substance or method has a long-
term degrading effect on the soundness of a horse.
(d) <<NOTE: Time period. Effective date.>> Prohibition.--Except as
provided in subsections (e) and (f), the horseracing anti-doping and
medication control program shall prohibit the administration of any
prohibited or otherwise permitted substance to a covered horse within 48
hours of its next racing start, effective as of the program effective
date.
(e) Advisory Committee Study and Report.--
(1) In general.--Not later than the program effective date,
the Authority shall convene an advisory committee comprised of
horseracing anti-doping and medication control industry experts,
including a member designated by the anti-doping and medication
control enforcement agency, to conduct a study on the use of
furosemide on horses during the 48-hour period before the start
of a race, including the effect of furosemide on equine health
and the integrity of competition and any other matter the
Authority considers appropriate.
(2) <<NOTE: Recommenda- tions.>> Report.--Not later than
three years after the program effective date, the Authority
shall direct the advisory committee convened under paragraph (1)
to submit to the Authority a written report on the study
conducted under that paragraph
[[Page 134 STAT. 3266]]
that includes recommended changes, if any, to the prohibition in
subsection (d).
(3) Modification of prohibition.--
(A) <<NOTE: Applicability. Effective date.>> In
general.--After receipt of the report required by
paragraph (2), the Authority may, by unanimous vote of
the Board of the Authority, modify the prohibition in
subsection (d) and, notwithstanding subsection (f), any
such modification shall apply to all States beginning on
the date that is three years after the program effective
date.
(B) Condition.--In order for a unanimous vote
described in subparagraph (A) to effect a modification
of the prohibition in subsection (d), the vote must
include unanimous adoption of each of the following
findings:
(i) That the modification is warranted.
(ii) That the modification is in the best
interests of horse racing.
(iii) That furosemide has no performance
enhancing effect on individual horses.
(iv) That public confidence in the integrity
and safety of racing would not be adversely
affected by the modification.
(f) Exemption.--
(1) <<NOTE: Time period. Effective date.>> In general.--
Except as provided in paragraph (2), only during the three-year
period beginning on the program effective date, a State racing
commission may submit to the Authority, at such time and in such
manner as the Authority may require, a request for an exemption
from the prohibition in subsection (d) with respect to the use
of furosemide on covered horses during such period.
(2) Exceptions.--An exemption under paragraph (1) may not be
requested for--
(A) two-year-old covered horses; or
(B) covered horses competing in stakes races.
(3) Contents of request.--A request under paragraph (1)
shall specify the applicable State racing commission's requested
limitations on the use of furosemide that would apply to the
State under the horseracing anti-doping and medication control
program during such period. Such limitations shall be no less
restrictive on the use and administration of furosemide than the
restrictions set forth in State's laws and regulations in effect
as of September 1, 2020.
(4) Grant of exemption.--Subject to subsection (e)(3), the
Authority shall grant an exemption requested under paragraph (1)
for the remainder of such period and shall allow the use of
furosemide on covered horses in the applicable State, in
accordance with the requested limitations.
(g) Baseline Anti-doping and Medication Control Rules.--
(1) In general.--Subject to paragraph (3), the baseline
anti-doping and medication control rules described in paragraph
(2) shall--
(A) constitute the initial rules of the horseracing
anti-doping and medication control program; and
(B) except as exempted pursuant to subsections (e)
and (f), remain in effect at all times after the program
effective date.
(2) Baseline anti-doping medication control rules
described.--
[[Page 134 STAT. 3267]]
(A) <<NOTE: List.>> In general.--The baseline anti-
doping and medication control rules described in this
paragraph are the following:
(i) The lists of permitted and prohibited
substances (including drugs, medications, and
naturally occurring substances and synthetically
occurring substances) in effect for the
International Federation of Horseracing
Authorities, including the International
Federation of Horseracing Authorities
International Screening Limits for urine, dated
May 2019, and the International Federation of
Horseracing Authorities International Screening
Limits for plasma, dated May 2019.
(ii) The World Anti-Doping Agency
International Standard for Laboratories (version
10.0), dated November 12, 2019.
(iii) The Association of Racing Commissioners
International out-of-competition testing
standards, Model Rules of Racing (version 9.2).
(iv) The Association of Racing Commissioners
International penalty and multiple medication
violation rules, Model Rules of Racing (version
6.2).
(B) Conflict of rules.--In the case of a conflict
among the rules described in subparagraph (A), the most
stringent rule shall apply.
(3) Modifications to baseline rules.--
(A) Development by anti-doping and medication
control standing committee.--The anti-doping and
medication control standing committee, in consultation
with the anti-doping and medication control enforcement
agency, may develop and submit to the Authority for
approval by the Authority proposed modifications to the
baseline anti-doping and medication control rules.
(B) Authority approval.--If the Authority approves a
proposed modification under this paragraph, the proposed
modification shall be submitted to and considered by the
Commission in accordance with section 1204.
(C) Anti-doping and medication control enforcement
agency veto authority.--The Authority shall not approve
any proposed modification that renders an anti-doping
and medication control rule less stringent than the
baseline anti-doping and medication control rules
described in paragraph (2) (including by increasing
permitted medication thresholds, adding permitted
medications, removing prohibited medications, or
weakening enforcement mechanisms) without the approval
of the anti-doping and medication control enforcement
agency.
SEC. 1207. <<NOTE: 15 USC 3056.>> RACETRACK SAFETY PROGRAM.
(a) Establishment and Considerations.--
(1) <<NOTE: Deadline.>> In general.--Not later than the
program effective date, and after notice and an opportunity for
public comment in accordance with section 1204, the Authority
shall establish a racetrack safety program applicable to all
covered horses, covered persons, and covered horseraces in
accordance with the registration of covered persons under
section 1205(d).
(2) Considerations in development of safety program.--In the
development of the horseracing safety program
[[Page 134 STAT. 3268]]
for covered horses, covered persons, and covered horseraces, the
Authority and the Commission shall take into consideration
existing safety standards including the National Thoroughbred
Racing Association Safety and Integrity Alliance Code of
Standards, the International Federation of Horseracing
Authority's International Agreement on Breeding, Racing, and
Wagering, and the British Horseracing Authority's Equine Health
and Welfare program.
(b) Elements of Horseracing Safety Program.--The horseracing safety
program shall include the following:
(1) A set of training and racing safety standards and
protocols taking into account regional differences and the
character of differing racing facilities.
(2) A uniform set of training and racing safety standards
and protocols consistent with the humane treatment of covered
horses, which may include lists of permitted and prohibited
practices or methods (such as crop use).
(3) A racing surface quality maintenance system that--
(A) takes into account regional differences and the
character of differing racing facilities; and
(B) may include requirements for track surface
design and consistency and established standard
operating procedures related to track surface,
monitoring, and maintenance (such as standardized
seasonal assessment, daily tracking, and measurement).
(4) A uniform set of track safety standards and protocols,
that may include rules governing oversight and movement of
covered horses and human and equine injury reporting and
prevention.
(5) Programs for injury and fatality data analysis, that may
include pre- and post-training and race inspections, use of a
veterinarian's list, and concussion protocols.
(6) The undertaking of investigations at racetrack and non-
racetrack facilities related to safety violations.
(7) Procedures for investigating, charging, and adjudicating
violations and for the enforcement of civil sanctions for
violations.
(8) A schedule of civil sanctions for violations.
(9) Disciplinary hearings, which may include binding
arbitration, civil sanctions, and research.
(10) Management of violation results.
(11) Programs relating to safety and performance research
and education.
(12) <<NOTE: Evaluation.>> An evaluation and accreditation
program that ensures that racetracks in the United States meet
the standards described in the elements of the Horseracing
Safety Program.
(c) Activities.--The following activities shall be carried out under
the racetrack safety program:
(1) Standards for racetrack safety.--The development, by the
racetrack safety standing committee of the Authority in section
1203(c)(2) of uniform standards for racetrack and horseracing
safety.
(2) Standards for safety and performance accreditation.--
(A) <<NOTE: Deadline.>> In general.--Not later than
120 days before the program effective date, the
Authority, in consultation with
[[Page 134 STAT. 3269]]
the racetrack safety standing committee, shall issue, by
rule in accordance with section 1204--
(i) safety and performance standards of
accreditation for racetracks; and
(ii) the process by which a racetrack may
achieve and maintain accreditation by the
Authority.
(B) Modifications.--
(i) In general.--The Authority may modify
rules establishing the standards issued under
subparagraph (A), as the Authority considers
appropriate.
(ii) <<NOTE: Federal Register, publication.>>
Notice and comment.--The Commission shall publish
in the Federal Register any proposed rule of the
Authority, and provide an opportunity for public
comment with respect to, any modification under
clause (i) in accordance with section 1204.
(C) Extension of provisional or interim
accreditation.--The Authority may, by rule in accordance
with section 1204, extend provisional or interim
accreditation to a racetrack accredited by the National
Thoroughbred Racing Association Safety and Integrity
Alliance on a date before the program effective date.
(3) Nationwide safety and performance database.--
(A) In general.--Not later than one year after the
program effective date, and after notice and an
opportunity for public comment in accordance with
section 1204, the Authority, in consultation with the
Commission, shall develop and maintain a nationwide
database of racehorse safety, performance, health, and
injury information for the purpose of conducting an
epidemiological study.
(B) Collection of information.--In accordance with
the registration of covered persons under section
1205(d), the Authority may require covered persons to
collect and submit to the database described in
subparagraph (A) such information as the Authority may
require to further the goal of increased racehorse
welfare.
SEC. 1208. <<NOTE: 15 USC 3057.>> RULE VIOLATIONS AND CIVIL
SANCTIONS.
(a) Description of Rule Violations.--
(1) In general.--The Authority shall issue, by rule in
accordance with section 1204, a description of safety,
performance, and anti-doping and medication control rule
violations applicable to covered horses and covered persons.
(2) Elements.--The description of rule violations
established under paragraph (1) may include the following:
(A) With respect to a covered horse, strict
liability for covered trainers for--
(i) the presence of a prohibited substance or
method in a sample or the use of a prohibited
substance or method;
(ii) the presence of a permitted substance in
a sample in excess of the amount allowed by the
horseracing anti-doping and medication control
program; and
(iii) the use of a permitted method in
violation of the applicable limitations
established under the horseracing anti-doping and
medication control program.
[[Page 134 STAT. 3270]]
(B) Attempted use of a prohibited substance or
method on a covered horse.
(C) Possession of any prohibited substance or
method.
(D) Attempted possession of any prohibited substance
or method.
(E) Administration or attempted administration of
any prohibited substance or method on a covered horse.
(F) Refusal or failure, without compelling
justification, to submit a covered horse for sample
collection.
(G) Failure to cooperate with the Authority or an
agent of the Authority during any investigation.
(H) Failure to respond truthfully, to the best of a
covered person's knowledge, to a question of the
Authority or an agent of the Authority with respect to
any matter under the jurisdiction of the Authority.
(I) Tampering or attempted tampering with the
application of the safety, performance, or anti-doping
and medication control rules or process adopted by the
Authority, including--
(i) the intentional interference, or an
attempt to interfere, with an official or agent of
the Authority;
(ii) the procurement or the provision of
fraudulent information to the Authority or agent;
and
(iii) the intimidation of, or an attempt to
intimidate, a potential witness.
(J) Trafficking or attempted trafficking in any
prohibited substance or method.
(K) Assisting, encouraging, aiding, abetting,
conspiring, covering up, or any other type of
intentional complicity involving a safety, performance,
or anti-doping and medication control rule violation or
the violation of a period of suspension or eligibility.
(L) Threatening or seeking to intimidate a person
with the intent of discouraging the person from the good
faith reporting to the Authority, an agent of the
Authority or the Commission, or the anti-doping and
medication control enforcement agency under section
1205(e), of information that relates to--
(i) an alleged safety, performance, or anti-
doping and medication control rule violation; or
(ii) alleged noncompliance with a safety,
performance, or anti-doping and medication control
rule.
(b) Testing Laboratories.--
(1) <<NOTE: Deadline.>> Accreditation and standards.--Not
later than 120 days before the program effective date, the
Authority shall, in consultation with the anti-doping and
medication control enforcement agency, establish, by rule in
accordance with section 1204--
(A) standards of accreditation for laboratories
involved in testing samples from covered horses;
(B) the process for achieving and maintaining
accreditation; and
(C) the standards and protocols for testing such
samples.
(2) Administration.--The accreditation of laboratories and
the conduct of audits of accredited laboratories to ensure
compliance with Authority rules shall be administered by the
anti-
[[Page 134 STAT. 3271]]
doping and medication control enforcement agency. The anti-
doping and medication control enforcement agency shall have the
authority to require specific test samples to be directed to and
tested by laboratories having special expertise in the required
tests.
(3) Extension of provisional or interim accreditation.--The
Authority may, by rule in accordance with section 1204, extend
provisional or interim accreditation to a laboratory accredited
by the Racing Medication and Testing Consortium, Inc., on a date
before the program effective date.
(4) Selection of laboratories.--
(A) In general.--Except as provided in paragraph
(2), a State racing commission may select a laboratory
accredited in accordance with the standards established
under paragraph (1) to test samples taken in the
applicable State.
(B) Selection by the authority.--If a State racing
commission does not select an accredited laboratory
under subparagraph (A), the Authority shall select such
a laboratory to test samples taken in the State
concerned.
(c) Results Management and Disciplinary Process.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120
days before the program effective date, the Authority shall
establish in accordance with section 1204--
(A) rules for safety, performance, and anti-doping
and medication control results management; and
(B) the disciplinary process for safety,
performance, and anti-doping and medication control rule
violations.
(2) Elements.--The rules and process established under
paragraph (1) shall include the following:
(A) Provisions for notification of safety,
performance, and anti-doping and medication control rule
violations.
(B) Hearing procedures.
(C) Standards for burden of proof.
(D) Presumptions.
(E) Evidentiary rules.
(F) Appeals.
(G) Guidelines for confidentiality and public
reporting of decisions.
(3) Due process.--The rules established under paragraph (1)
shall provide for adequate due process, including impartial
hearing officers or tribunals commensurate with the seriousness
of the alleged safety, performance, or anti-doping and
medication control rule violation and the possible civil
sanctions for such violation.
(d) Civil Sanctions.--
(1) In general.--The Authority shall establish uniform
rules, in accordance with section 1204, imposing civil sanctions
against covered persons or covered horses for safety,
performance, and anti-doping and medication control rule
violations.
(2) Requirements.--The rules established under paragraph (1)
shall--
(A) take into account the unique aspects of
horseracing;
(B) be designed to ensure fair and transparent
horseraces; and
(C) deter safety, performance, and anti-doping and
medication control rule violations.
[[Page 134 STAT. 3272]]
(3) Severity.--The civil sanctions under paragraph (1) may
include--
(A) lifetime bans from horseracing, disgorgement of
purses, monetary fines and penalties, and changes to the
order of finish in covered races; and
(B) with respect to anti-doping and medication
control rule violators, an opportunity to reduce the
applicable civil sanctions that is comparable to the
opportunity provided by the Protocol for Olympic
Movement Testing of the United States Anti-Doping
Agency.
(e) Modifications.--The Authority may propose a modification to any
rule established under this section as the Authority considers
appropriate, and the proposed modification shall be submitted to and
considered by the Commission in accordance with section 1204.
SEC. 1209. <<NOTE: 15 USC 3058.>> REVIEW OF FINAL DECISIONS OF
THE AUTHORITY.
(a) Notice of Civil Sanctions.-- If the Authority imposes a final
civil sanction for a violation committed by a covered person pursuant to
the rules or standards of the Authority, the Authority shall promptly
submit to the Commission notice of the civil sanction in such form as
the Commission may require.
(b) Review by Administrative Law Judge.--
(1) <<NOTE: Deadline.>> In general.--With respect to a
final civil sanction imposed by the Authority, on application by
the Commission or a person aggrieved by the civil sanction filed
not later than 30 days after the date on which notice under
subsection (a) is submitted, the civil sanction shall be subject
to de novo review by an administrative law judge.
(2) Nature of review.--
(A) <<NOTE: Determination.>> In general.--In
matters reviewed under this subsection, the
administrative law judge shall determine whether--
(i) a person has engaged in such acts or
practices, or has omitted such acts or practices,
as the Authority has found the person to have
engaged in or omitted;
(ii) such acts, practices, or omissions are in
violation of this Act or the anti-doping and
medication control or racetrack safety rules
approved by the Commission; or
(iii) the final civil sanction of the
Authority was arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with
law.
(B) Conduct of hearing.--An administrative law judge
shall conduct a hearing under this subsection in such a
manner as the Commission may specify by rule, which
shall conform to section 556 of title 5, United States
Code.
(3) Decision by administrative law judge.--
(A) In general.--With respect to a matter reviewed
under this subsection, an administrative law judge--
(i) <<NOTE: Deadline.>> shall render a
decision not later than 60 days after the
conclusion of the hearing;
(ii) may affirm, reverse, modify, set aside,
or remand for further proceedings, in whole or in
part, the final civil sanction of the Authority;
and
[[Page 134 STAT. 3273]]
(iii) may make any finding or conclusion that,
in the judgment of the administrative law judge,
is proper and based on the record.
(B) Final decision.--A decision under this paragraph
shall constitute the decision of the Commission without
further proceedings unless a notice or an application
for review is timely filed under subsection (c).
(c) Review by Commission.--
(1) Notice of review by commission.--The Commission may, on
its own motion, review any decision of an administrative law
judge issued under subsection (b)(3) by providing written notice
to the Authority and any interested party not later than 30 days
after the date on which the administrative law judge issues the
decision.
(2) Application for review.--
(A) In general.--The Authority or a person aggrieved
by a decision issued under subsection (b)(3) may
petition the Commission for review of such decision by
filing an application for review not later than 30 days
after the date on which the administrative law judge
issues the decision.
(B) Effect of denial of application for review.--If
an application for review under subparagraph (A) is
denied, the decision of the administrative law judge
shall constitute the decision of the Commission without
further proceedings.
(C) Discretion of commission.--
(i) In general.--A decision with respect to
whether to grant an application for review under
subparagraph (A) is subject to the discretion of
the Commission.
(ii) <<NOTE: Determination.>> Matters to be
considered.--In determining whether to grant such
an application for review, the Commission shall
consider whether the application makes a
reasonable showing that--
(I) a prejudicial error was
committed in the conduct of the
proceeding; or
(II) the decision involved--
(aa) an erroneous
application of the anti-doping
and medication control or
racetrack safety rules approved
by the Commission; or
(bb) an exercise of
discretion or a decision of law
or policy that warrants review
by the Commission.
(3) Nature of review.--
(A) In general.--In matters reviewed under this
subsection, the Commission may--
(i) affirm, reverse, modify, set aside, or
remand for further proceedings, in whole or in
part, the decision of the administrative law
judge; and
(ii) make any finding or conclusion that, in
the judgement of the Commission, is proper and
based on the record.
(B) De novo review.--The Commission shall review de
novo the factual findings and conclusions of law made by
the administrative law judge.
(C) Consideration of additional evidence.--
[[Page 134 STAT. 3274]]
(i) Motion by commission.--The Commission may,
on its own motion, allow the consideration of
additional evidence.
(ii) Motion by a party.--
(I) In general.--A party may file a
motion to consider additional evidence
at any time before the issuance of a
decision by the Commission, which shall
show, with particularity, that--
(aa) such additional
evidence is material; and
(bb) there were reasonable
grounds for failure to submit
the evidence previously.
(II) Procedure.--The Commission
may--
(aa) accept or hear
additional evidence; or
(bb) remand the proceeding
to the administrative law judge
for the consideration of
additional evidence.
(d) Stay of Proceedings.--Review by an administrative law judge or
the Commission under this section shall not operate as a stay of a final
civil sanction of the Authority unless the administrative law judge or
Commission orders such a stay.
SEC. 1210. <<NOTE: 15 USC 3059.>> UNFAIR OR DECEPTIVE ACTS OR
PRACTICES.
The sale of a covered horse, or of any other horse in anticipation
of its future participation in a covered race, shall be considered an
unfair or deceptive act or practice in or affecting commerce under
section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) if
the seller--
(1) knows or has reason to know the horse has been
administered--
(A) a bisphosphonate prior to the horse's fourth
birthday; or
(B) <<NOTE: Determination.>> any other substance or
method the Authority determines has a long-term
degrading effect on the soundness of the covered horse;
and
(2) fails to disclose to the buyer the administration of the
bisphosphonate or other substance or method described in
paragraph (1)(B).
SEC. 1211. <<NOTE: 15 USC 3060.>> STATE DELEGATION; COOPERATION.
(a) State Delegation.--
(1) <<NOTE: Contracts. Determination.>> In general.--The
Authority may enter into an agreement with a State racing
commission to implement, within the jurisdiction of the State
racing commission, a component of the racetrack safety program
or, with the concurrence of the anti-doping and medication
control enforcement agency under section 1205(e), a component of
the horseracing anti-doping and medication control program, if
the Authority determines that the State racing commission has
the ability to implement such component in accordance with the
rules, standards, and requirements established by the Authority.
(2) Implementation by state racing commission.--A State
racing commission or other appropriate regulatory body of a
State may not implement such a component in a manner less
restrictive than the rule, standard, or requirement established
by the Authority.
[[Page 134 STAT. 3275]]
(b) Cooperation.--To avoid duplication of functions, facilities, and
personnel, and to attain closer coordination and greater effectiveness
and economy in administration of Federal and State law, where conduct by
any person subject to the horseracing medication control program or the
racetrack safety program may involve both a medication control or
racetrack safety rule violation and violation of Federal or State law,
the Authority and Federal or State law enforcement authorities shall
cooperate and share information.
SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE XIII--COMMUNITY DEVELOPMENT BLOCK GRANTS
SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.
(a) In General.--Funds previously made available in chapter 9 of
title X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-
2, division A; 127 Stat. 36) under the heading ``DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available through fiscal year 2023 for the
liquidation of valid obligations incurred in fiscal years 2013 through
2017.
(b) Emergency.--Amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE XIV--COVID-19 CONSUMER PROTECTION ACT
SEC. 1401. <<NOTE: COVID-19 Consumer Protection Act. 15 USC 45
note.>> PROHIBITING DECEPTIVE ACTS OR
PRACTICES IN CONNECTION WITH THE NOVEL
CORONAVIRUS.
(a) Short Title.--This section may be cited as the ``COVID-19
Consumer Protection Act''.
(b) In General.--For the duration of a public health emergency
declared pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d) as a result of confirmed cases of the 2019 novel
coronavirus (COVID-19), including any renewal thereof, it shall be
unlawful for any person, partnership, or corporation to engage in a
deceptive act or practice in or affecting commerce in violation of
section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that
is associated with--
[[Page 134 STAT. 3276]]
(1) the treatment, cure, prevention, mitigation, or
diagnosis of COVID-19; or
(2) a government benefit related to COVID-19.
(c) Enforcement by the Federal Trade Commission.--
(1) Violation.--A violation of subsection (b) shall be
treated as a violation of a rule defining an unfair or deceptive
act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the federal trade commission.--
(A) In general.--The Federal Trade Commission shall
enforce subsection (b) in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act.
(3) Effect on other laws.--Nothing in this Act shall be
construed to limit the authority of the Federal Trade Commission
under any other provision of law.
(d) Severability.--If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the remainder of
this Act and the application of such provision to other persons not
similarly situated or to other circumstances shall not be affected by
the invalidation.
TITLE XV--AMERICAN <<NOTE: American Competitiveness Of a More Productive
Emerging Tech Economy Act.>> COMPETE ACT
SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE EMERGING
TECH ECONOMY.
(a) Short Title.--This title may be cited as the ``American
Competitiveness Of a More Productive Emerging Tech Economy Act'' or the
``American COMPETE Act''.
(b) Study to Advance Artificial Intelligence.--
(1) In general.--
(A) <<NOTE: Deadline.>> Study required.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Commerce and the Federal Trade Commission
shall complete a study on the state of the artificial
intelligence industry and the impact of such industry on
the United States economy.
(B) Requirements for study.--In conducting the
study, the Secretary and the Commission shall--
(i) <<NOTE: Survey. Lists.>> develop and
conduct a survey of the artificial intelligence
industry through outreach to participating
entities as appropriate to--
(I) establish a list of industry
sectors that implement and promote the
use of artificial intelligence;
(II) establish a list of public-
private partnerships focused on
promoting the adoption and use of
artificial intelligence, as well as
industry-based bodies, including
international bodies, which have
developed, or are developing, mandatory
or voluntary standards for artificial
intelligence;
[[Page 134 STAT. 3277]]
(III) the status of such industry-
based mandatory or voluntary standards;
and
(IV) provide a description of the
ways entities or industry sectors
implement and promote the use of
artificial intelligence;
(ii) <<NOTE: List.>> develop a comprehensive
list of Federal agencies with jurisdiction over
the entities and industry sectors identified under
clause (i);
(iii) identify which Federal agency or
agencies listed under clause (ii) each entity or
industry sector interacts with;
(iv) identify all interagency activities that
are taking place among the Federal agencies listed
under clause (ii), such as working groups or other
coordinated efforts;
(v) develop a brief description of the
jurisdiction and expertise of the Federal agencies
listed under clause (ii) with regard to such
entities and industry sectors;
(vi) identify all regulations, guidelines,
mandatory standards, voluntary standards, and
other policies implemented by each of the Federal
agencies identified under clause (ii), as well as
all guidelines, mandatory standards, voluntary
standards, and other policies implemented by
industry-based bodies;
(vii) identify Federal Government resources
that exist for consumers and small businesses to
evaluate the use of artificial intelligence; and
(viii) <<NOTE: Consultation.>> consult with
the Office of Science and Technology Policy and
interagency efforts on artificial intelligence to
minimize duplication of activities among the
Federal agencies identified under clause (ii).
(2) Marketplace and supply chain survey.--The Secretary and
Commission shall conduct a survey of the marketplace and supply
chain of artificial intelligence to--
(A) <<NOTE: Assessment.>> identify and assess risks
posed to such marketplace and supply chain;
(B) <<NOTE: Review.>> review the ability of foreign
governments or third parties to exploit the supply chain
in a manner that raises risks to the economic and
national security of the United States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) <<NOTE: Public information. Web postings.>> Report to
congress.--Not later than 6 months after the completion of the
study required under paragraph (1), the Secretary and the
Commission shall submit to the Committee on Energy and Commerce
and the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on
their respective websites, a report that contains--
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to
paragraph (2); and
(B) <<NOTE: Recommenda- tions. Strategies.>>
recommendations to--
(i) grow the United States economy through the
secure advancement of artificial intelligence;
[[Page 134 STAT. 3278]]
(ii) develop a national strategy to advance
the United States business sectors' position in
the world on the adoption of artificial
intelligence;
(iii) develop strategies to mitigate current
and emerging risks to the marketplace and supply
chain of artificial intelligence; and
(iv) develop legislation that--
(I) advances the expeditious
adoption of artificial intelligence
applications in interstate commerce that
takes into account findings from
available Federal advisory committees
that produce recommendations on
artificial intelligence to the extent
possible; and
(II) addresses societal priorities
related to the expeditious adoption of
artificial intelligence applications in
interstate commerce, including but not
limited to maintaining ethics, reducing
bias, and protecting privacy and
security.
(c) Study to Advance Internet of Things in Manufacturing.--
(1) In general.--
(A) <<NOTE: Deadline. Coordination.>> Study
required.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Commerce, in
coordination with the head of any other appropriate
Federal agency, shall complete a study on the use of
internet-connected devices and internet-connected
solutions in manufacturing in the United States.
(B) Requirements for study.--In conducting the
study, the Secretary shall--
(i) <<NOTE: Survey. Lists.>> develop and
conduct a survey of the manufacturing industry
through outreach to participating entities as
appropriate to--
(I) establish a list of the industry
sectors that implement and promote the
use of internet-connected devices and
internet-connected solutions in
manufacturing;
(II) establish a list of public-
private partnerships focused on
promoting the adoption and use of
internet-connected devices and internet-
connected solutions in manufacturing, as
well as industry-based bodies, including
international bodies, that have
developed, or are developing, mandatory
or voluntary standards for such uses;
(III) the status of such industry-
based mandatory or voluntary standards;
(IV) provide a description of the
ways entities or industry sectors
implement and promote the use of
internet-connected devices and internet-
connected solutions in manufacturing;
(ii) <<NOTE: List.>> develop a comprehensive
list of Federal agencies with jurisdiction over
the entities and industry sectors identified under
clause (i);
(iii) identify which Federal agency or
agencies listed under clause (ii) each entity or
industry sector interacts with;
(iv) identify all interagency activities that
are taking place among the Federal agencies listed
under
[[Page 134 STAT. 3279]]
clause (ii), such as working groups or other
coordinated efforts;
(v) develop a brief description of the
jurisdiction and expertise of the Federal agencies
listed under clause (ii) with regard to such
entities and industry sectors;
(vi) identify all regulations, guidelines,
mandatory standards, voluntary standards, and
other policies implemented by each of the Federal
agencies identified under clause (ii), as well as
all guidelines, mandatory standards, voluntary
standards, and other policies implemented by
industry-based bodies; and
(vii) identify Federal Government resources
that exist for consumers and small businesses to
evaluate the use of internet-connected devices and
internet-connected solutions in manufacturing.
(2) Marketplace and supply chain survey.--The Secretary
shall conduct a survey of the marketplace and supply chain of
internet-connected devices and internet-connected solutions used
in manufacturing to--
(A) <<NOTE: Assessment.>> assess the severity of
risks posed to such marketplace and supply chain;
(B) <<NOTE: Review.>> review the ability of foreign
governments or third parties to exploit the supply chain
in a manner that raises risks to the economic and
national security of the United States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) <<NOTE: Public information. Web posting.>> Report to
congress.--Not later than 6 months after the completion of the
study required pursuant to paragraph (1), the Secretary shall
submit to the Committee on Energy and Commerce and the Committee
on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on the
website of the Department of Commerce, a report that contains--
(A) the results of the study conducted pursuant to
paragraph (1) and the surveys conducted pursuant to
paragraph (2); and
(B) <<NOTE: Recommenda- tions. Strategies.>>
recommendations to--
(i) grow the United States economy through the
secure advancement of the use of internet-
connected devices and internet-connected solutions
in manufacturing;
(ii) develop a national strategy to advance
the United States business sectors' position in
the world on the adoption of internet-connected
devices and internet-connected solutions used in
manufacturing;
(iii) develop strategies to mitigate current
and emerging risks to the marketplace and supply
chain of internet-connected devices and internet-
connected solutions used in manufacturing;
(iv) develop policies that States can adopt to
encourage the growth of manufacturing, including
the use of internet-connected devices and
internet-connected solutions in manufacturing; and
[[Page 134 STAT. 3280]]
(v) develop legislation that may advance the
expeditious adoption of the use of internet-
connected devices and internet-connected solutions
in manufacturing.
(d) Study to Advance Quantum Computing.--
(1) In general.--
(A) <<NOTE: Deadline.>> Study required.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Commerce and the Federal Trade Commission
shall complete a study on the state of the quantum
computing industry and the impact of such industry on
the United States economy.
(B) Requirements for study.--In conducting the
study, the Secretary and the Commission shall--
(i) develop and conduct a survey of the
quantum computing industry through outreach to
participating entities as appropriate to--
(I) <<NOTE: Survey. Lists.>>
establish a list of industry sectors
that implement and promote the use of
quantum computing;
(II) establish a list of public-
private partnerships focused on
promoting the adoption and use of
quantum computing, as well as industry-
based bodies, including international
bodies, which have developed, or are
developing, mandatory or voluntary
standards for quantum computing;
(III) the status of such industry-
based mandatory or voluntary standards;
and
(IV) provide a description of the
ways entities or industry sectors
implement and promote the use of quantum
computing;
(ii) <<NOTE: List.>> develop a comprehensive
list of Federal agencies with jurisdiction over
the entities and industry sectors identified under
clause (i);
(iii) identify which Federal agency or
agencies listed under clause (ii) each entity or
industry sector interacts with;
(iv) identify all interagency activities that
are taking place among the Federal agencies listed
under clause (ii), such as working groups or other
coordinated efforts;
(v) develop a brief description of the
jurisdiction and expertise of the Federal agencies
listed under clause (ii) with regard to such
entities and industry sectors;
(vi) identify all regulations, guidelines,
mandatory standards, voluntary standards, and
other policies implemented by each of the Federal
agencies identified under clause (ii), as well as
all guidelines, mandatory standards, voluntary
standards, and other policies implemented by
industry-based bodies;
(vii) identify Federal Government resources
that exist for consumers and small businesses to
evaluate the use of quantum computing; and
(viii) <<NOTE: Consultation.>> consult with
the Office of Science and Technology Policy and
interagency efforts on quantum authorized by
sections 102 and 103 of the National
[[Page 134 STAT. 3281]]
Quantum Initiative Act (Public Law 115-368) to
minimize duplication of activities in this
subparagraph among the Federal agencies listed
under clause (ii).
(2) Marketplace and supply chain survey.--The Secretary and
Commission shall conduct a survey of the marketplace and supply
chain of quantum computing to--
(A) <<NOTE: Assessment.>> assess the severity of
risks posed to such marketplace and supply chain;
(B) <<NOTE: Review.>> review the ability of foreign
governments or third parties to exploit the supply chain
in a manner that raises risks to the economic and
national security of the United States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) <<NOTE: Public information. Web postings.>> Report to
congress.--Not later than 6 months after the completion of the
study required pursuant to paragraph (1), the Secretary and the
Commission shall submit to the Committee on Energy and Commerce
and the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on
their respective websites, a report that contains--
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to
paragraph (2); and
(B) <<NOTE: Recommenda- tions. Strategies.>>
recommendations to--
(i) grow the United States economy through the
secure advancement of quantum computing;
(ii) develop a national strategy to advance
the United States business sectors' position in
the world on the adoption of quantum computing;
(iii) develop strategies to mitigate current
and emerging risks to the marketplace and supply
chain of quantum computing; and
(iv) develop legislation that may advance the
expeditious adoption of quantum computing.
(e) Study to Advance Blockchain Technology.--
(1) In general.--
(A) <<NOTE: Deadline.>> Study required.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Commerce and the Federal Trade Commission
shall complete a study on the state of the blockchain
technology industry and the impact of such industry on
the United States economy.
(B) Requirements for study.--In conducting the
study, the Secretary and the Commission shall--
(i) <<NOTE: Survey. Lists.>> develop and
conduct a survey of the blockchain technology
industry through outreach to participating
entities as appropriate to--
(I) establish a list of industry
sectors that implement and promote the
use of blockchain technology;
(II) establish a list of public-
private partnerships focused on
promoting the adoption and use of
blockchain technology, as well as
industry-based bodies, including
international bodies, which have
developed, or are developing, mandatory
or voluntary standards for blockchain
technology;
[[Page 134 STAT. 3282]]
(III) the status of such industry-
based mandatory or voluntary standards;
and
(IV) provide a description of the
ways entities or industry sectors
implement and promote the use of
blockchain technology;
(ii) <<NOTE: List.>> develop a comprehensive
list of Federal agencies with jurisdiction over
the entities and industry sectors identified under
clause (i);
(iii) identify which Federal agency or
agencies listed under clause (ii) each entity or
industry sector interacts with;
(iv) identify all interagency activities that
are taking place among the Federal agencies listed
under clause (ii), such as working groups or other
coordinated efforts;
(v) develop a brief description of the
jurisdiction and expertise of the Federal agencies
listed under clause (ii) with regard to such
entities and industry sectors;
(vi) identify all regulations, guidelines,
mandatory standards, voluntary standards, and
other policies implemented by each of the Federal
agencies identified under clause (ii), as well as
all guidelines, mandatory standards, voluntary
standards, and other policies implemented by
industry-based bodies; and
(vii) identify Federal Government resources
that exist for consumers and small businesses to
evaluate the use of blockchain technology.
(2) Marketplace and supply chain survey.--The Secretary and
Commission shall conduct a survey of the marketplace and supply
chain of blockchain technology to--
(A) <<NOTE: Assessment.>> assess the severity of
risks posed to such marketplace and supply chain;
(B) <<NOTE: Review.>> review the ability of foreign
governments or third parties to exploit the supply chain
in a manner that raises risks to the economic and
national security of the United States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) <<NOTE: Public information. Web postings.>> Report to
congress.--Not later than 6 months after the completion of the
study required pursuant to paragraph (1), the Secretary and the
Commission shall submit to the Committee on Energy and Commerce
and the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on
their respective websites, a report that contains--
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to
paragraph (2); and
(B) <<NOTE: Recommenda- tions. Strategies.>>
recommendations to--
(i) grow the United States economy through the
secure advancement of blockchain technology;
(ii) develop a national strategy to advance
the United States business sectors' position in
the world on the adoption of blockchain
technology;
[[Page 134 STAT. 3283]]
(iii) develop strategies to mitigate current
and emerging risks to the marketplace and supply
chain of blockchain technology; and
(iv) develop legislation that may advance the
expeditious adoption of blockchain technology.
(f) Study to Advance New and Advanced Materials.--
(1) In general.--
(A) <<NOTE: Deadline. Coordination.>> Study
required.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Commerce and the
Federal Trade Commission, in coordination with the head
of any other appropriate Federal agency, shall complete
a study on the state of new and advanced materials
industry, including synthetically derived or enhanced
natural properties, and the impact of such industry on
the United States economy.
(B) Requirements for study.--In conducting the
study, the Secretary and the Commission shall--
(i) <<NOTE: Survey. Lists.>> develop and
conduct a survey of the new and advanced materials
industry through outreach to participating
entities as appropriate to--
(I) establish a list of industry
sectors that implement and promote the
use of new and advanced materials;
(II) establish a list of public-
private partnerships focused on
promoting the adoption and use of new
and advanced materials, as well as
industry-based bodies, including
international bodies, which have
developed, or are developing, mandatory
or voluntary standards for new and
advanced materials;
(III) the status of such industry-
based mandatory or voluntary standards;
and
(IV) provide a description of the
ways entities or industry sectors
implement and promote the use of new and
advanced materials;
(ii) <<NOTE: List.>> develop a comprehensive
list of Federal agencies with jurisdiction over
the entities and industry sectors identified under
clause (i);
(iii) identify which Federal agency or
agencies listed under clause (ii) each entity or
industry sector interacts with;
(iv) identify all interagency activities that
are taking place among the Federal agencies listed
under clause (ii), such as working groups or other
coordinated efforts;
(v) develop a brief description of the
jurisdiction and expertise of the Federal agencies
listed under clause (ii) with regard to such
entities and industry sectors;
(vi) identify all regulations, guidelines,
mandatory standards, voluntary standards, and
other policies implemented by each of the Federal
agencies identified under clause (ii), as well as
all guidelines, mandatory standards, voluntary
standards, and other policies implemented by
industry-based bodies; and
[[Page 134 STAT. 3284]]
(vii) identify Federal Government resources
that exist for consumers and small businesses to
evaluate the use of new and advanced materials.
(2) Marketplace and supply chain survey.--The Secretary and
Commission shall conduct a survey of the marketplace and supply
chain of new and advanced materials to--
(A) <<NOTE: Assessment.>> assess the severity of
risks posed to such marketplace and supply chain;
(B) <<NOTE: Review.>> review the ability of foreign
governments or third parties to exploit the supply chain
in a manner that raises risks to the economic and
national security of the United States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) <<NOTE: Public information. Web postings.>> Report to
congress.--Not later than 6 months after the completion of the
study required pursuant to paragraph (1), the Secretary and the
Commission shall submit to the Committee on Energy and Commerce
and the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on
their respective websites, a report that contains--
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to
paragraph (2); and
(B) <<NOTE: Recommenda- tions.>> recommendations
to--
(i) grow the United States economy through the
secure advancement of new and advanced materials;
(ii) develop a national strategy to advance
the United States business sectors' position in
the world on the adoption of new and advanced
materials;
(iii) develop strategies to mitigate current
and emerging risks to the marketplace and supply
chain of new and advanced materials; and
(iv) develop legislation that may advance the
expeditious adoption of new and advanced
materials.
(g) Study to Advance Unmanned Delivery Services.--
(1) In general.--
(A) <<NOTE: Deadline.>> Study required.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Commerce, in coordination with the head of
any other appropriate Federal agency, shall complete a
study on the impact of unmanned delivery services on
United States businesses conducting interstate commerce.
(B) Requirements for study.--In conducting the
study, the Secretary shall do the following:
(i) Conduct a survey through outreach to
participating entities to--
(I) <<NOTE: List.>> establish a
list of the industry sectors that
develop and use unmanned delivery
services, including the use of
autonomous vehicles, drones, and robots;
(II) <<NOTE: Review.>> review how
unmanned delivery services are currently
being used and any potential future
applications of such services;
(III) identify any challenges to the
development and adoption of unmanned
delivery services;
[[Page 134 STAT. 3285]]
(IV) <<NOTE: Review.>> review how
such services may be used to--
(aa) deliver groceries,
meals, medications, and other
necessities to senior citizens,
people with disabilities, and
people without access to
traditional public
transportation;
(bb) address challenges
public health emergencies
present, including delivering
groceries, meals, medications,
medical supplies, and other
necessities during such
emergencies; and
(cc) any other potential use
of such services;
(V) identify any safety risks
associated with the adoption of unmanned
delivery services on roads, in the air,
or other environments, including any
dangers posed to pedestrians,
bicyclists, motorcyclists, motorists, or
property;
(VI) identify the effect of unmanned
delivery services on traffic safety and
congestion;
(VII) <<NOTE: Evaluation.>>
evaluate the extent to which software,
technology, and infrastructure behind
unmanned delivery services are developed
and manufactured in the United States;
(VIII) identify the number and types
of jobs that may be lost or
substantially changed due to the
development and adoption of unmanned
delivery services;
(IX) identify the number and types
of jobs that may be created due to the
development and adoption of unmanned
delivery services; and
(X) <<NOTE: Evaluation.>> evaluate
the effect of the adoption unmanned
delivery services on job quality for
low, middle, and high-skilled workers.
(ii) Develop and conduct a survey of Federal
activity related to unmanned delivery services
to--
(I) establish a list of Federal
agencies asserting jurisdiction over
industry sectors identified under clause
(i)(II);
(II) develop a brief description of
the jurisdiction and expertise of the
Federal agencies regarding unmanned
delivery services; and
(III) identify all interagency
activities regarding unmanned delivery
services.
(iii) Conduct a survey of the marketplace and
supply chain of unmanned delivery services to--
(I) <<NOTE: Assessment.>> assess
the severity of risks posed to such
marketplace and supply chain;
(II) <<NOTE: Review.>> review the
ability of foreign governments or third
parties to exploit such supply chain in
a manner that raises risks to the
economic and national security of the
United States; and
(III) identify emerging risks and
long-term trends in such marketplace and
supply chain.
(C) <<NOTE: Coordination. Public information. Web
posting.>> Report to congress.--Not later than 6 months
after the completion of the study required pursuant to
paragraph (1), the Secretary, in coordination with the
head
[[Page 134 STAT. 3286]]
of any other appropriate Federal agency, shall submit to
the Committee on Energy and Commerce and the Committee
on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate, and make publicly
available on the website of the Department of Commerce,
a report that contains--
(i) the results of the study conducted under
paragraph (1); and
(ii) <<NOTE: Recommenda- tions.>>
recommendations to--
(I) develop and implement a
comprehensive plan to promote the
development and adoption of unmanned
delivery services in the United States;
(II) develop policies that States
can adopt to encourage the development
and adoption of unmanned delivery
services;
(III) develop a national strategy to
advance the United States position in
the world on the development and
adoption of unmanned delivery services,
and manufacture of technology behind
unmanned delivery services;
(IV) develop strategies to mitigate
current and emerging risks to the
marketplace and supply chain of unmanned
delivery services; and
(V) develop legislation to
accomplish such recommendations.
(h) Study to Advance Internet of Things.--
(1) Study.--The Secretary of Commerce shall conduct a study
on the state of the internet-connected devices industry
(commonly known as the ``Internet of Things'') in the United
States. In conducting the study, the Secretary shall--
(A) <<NOTE: Survey. Lists.>> develop and conduct a
survey of the internet-connected devices industry
through outreach to participating entities as
appropriate, including--
(i) a list of the industry sectors that
develop internet-connected devices;
(ii) a list of public-private partnerships
focused on promoting the adoption and use of
internet-connected devices, as well as industry-
based bodies, including international bodies,
which have developed, or are developing, mandatory
or voluntary standards for internet-connected
devices;
(iii) the status of the industry-based
mandatory or voluntary standards identified in
clause (ii); and
(iv) a description of the ways entities or
industry sectors develop, use, or promote the use
of internet-connected devices;
(B) <<NOTE: List.>> develop a comprehensive list of
Federal agencies with jurisdiction over the entities and
industry sectors identified under subparagraph (A);
(C) identify which Federal agency or agencies listed
under subparagraph (B) each entity or industry sector
interacts with;
[[Page 134 STAT. 3287]]
(D) identify all interagency activities that are
taking place among the Federal agencies listed under
subparagraph (B), such as working groups or other
coordinated efforts;
(E) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
subparagraph (B) with regard to such entities and
industry sectors;
(F) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under subparagraph (B), as well as all guidelines,
mandatory standards, voluntary standards, and other
policies implemented by industry-based bodies; and
(G) identify Federal Government resources that exist
for consumers and small businesses to evaluate internet-
connected devices.
(2) <<NOTE: Public information. Web posting.>> Report to
congress.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy
and Commerce and the Committee on Science, Space, and Technology
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate, and make publicly
available on the website of the Department of Commerce, a report
that contains--
(A) the results of the study conducted under
paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> recommendations of
the Secretary for growth of the United States economy
through the secure advancement of internet-connected
devices.
(3) Definitions.--In this subsection--
(A) the term ``Federal agency'' means an agency, as
defined in section 551 of title 5, United States Code;
and
(B) the term ``internet-connected device'' means a
physical object that--
(i) is capable of connecting to the internet,
either directly or indirectly through a network,
to communicate information at the direction of an
individual; and
(ii) has computer processing capabilities for
collecting, sending, receiving, or analyzing data.
(i) Study to Advance Three-dimensional Printing.--
(1) In general.--
(A) <<NOTE: Deadline.>> Study required.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Commerce, in coordination with the head of
any other appropriate Federal agency, shall complete a
study on the state of the three-dimensional printing
industry and the impact of such industry on the United
States economy.
(B) Requirements for study.--In conducting the
study, the Secretary shall--
(i) <<NOTE: Survey. Lists.>> develop and
conduct a survey of the three-dimensional printing
industry through outreach to participating
entities as appropriate to--
(I) establish a list of industry
sectors that implement and promote the
use of three-dimensional printing;
(II) establish a list of public-
private partnerships focused on
promoting the adoption and use
[[Page 134 STAT. 3288]]
of three-dimensional printing, as well
as industry-based bodies, including
international bodies, which have
developed, or are developing, mandatory
or voluntary standards for three-
dimensional printing;
(III) the status of such industry-
based mandatory or voluntary standards;
and
(IV) provide a description of the
ways entities or industry sectors
implement and promote the use of three-
dimensional printing;
(ii) <<NOTE: List.>> develop a comprehensive
list of Federal agencies with jurisdiction over
the entities and industry sectors identified under
clause (i);
(iii) identify which Federal agency or
agencies listed under clause (ii) each entity or
industry sector interacts with;
(iv) identify all interagency activities that
are taking place among the Federal agencies listed
under clause (ii), such as working groups or other
coordinated efforts;
(v) develop a brief description of the
jurisdiction and expertise of the Federal agencies
listed under clause (ii) with regard to such
entities and industry sectors;
(vi) identify all regulations, guidelines,
mandatory standards, voluntary standards, and
other policies implemented by each of the Federal
agencies identified under clause (ii), as well as
all guidelines, mandatory standards, voluntary
standards, and other policies implemented by
industry-based bodies; and
(vii) identify Federal Government resources
that exist for consumers and small businesses to
evaluate the use of three-dimensional printing.
(2) Marketplace and supply chain survey.--The Secretary
shall conduct a survey of the marketplace and supply chain of
three-dimensional printing to--
(A) <<NOTE: Assessment.>> assess the severity of
risks posed to such marketplace and supply chain;
(B) <<NOTE: Review.>> review the ability of foreign
governments or third parties to exploit the supply chain
in a manner that raises risks to the economic and
national security of the United States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) <<NOTE: Public information. Web posting.>> Report to
congress.--Not later than 6 months after the completion of the
study required pursuant to paragraph (1), the Secretary shall
submit to the Committee on Energy and Commerce and the Committee
on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on the
website of the Department of Commerce, a report that contains--
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to
paragraph (2); and
(B) <<NOTE: Recommenda- tions. Strategies.>>
recommendations to--
[[Page 134 STAT. 3289]]
(i) grow the United States economy through the
secure advancement of three-dimensional printing;
(ii) develop a national strategy to advance
the United States business sectors' position in
the world on the adoption of three-dimensional
printing;
(iii) develop strategies to mitigate current
and emerging risks to the marketplace and supply
chain of three-dimensional printing; and
(iv) develop legislation that may advance the
expeditious adoption of three-dimensional
printing.
(j) Study to Combat Online Harms Through Innovation.--
(1) In general.--
(A) <<NOTE: Deadline.>> Study required.--Not later
than 1 year after the date of enactment of this Act, the
Federal Trade Commission shall conduct and complete a
study on how artificial intelligence may be used to
address the online harms described in subparagraph (B).
(B) Requirements for study.--In conducting the
study, the Commission shall consider whether and how
artificial intelligence may be used to identify, remove,
or take any other appropriate action necessary to
address the following online harms:
(i) Deceptive and fraudulent content intended
to scam or otherwise harm individuals, including
such practices directed at senior citizens.
(ii) Manipulated content intended to mislead
individuals, including deepfake videos and fake
individual reviews.
(iii) Website or mobile application interfaces
designed to intentionally mislead or exploit
individuals.
(iv) Illegal content online, including the
illegal sale of opioids, child sexual exploitation
and abuse, revenge pornography, harassment,
cyberstalking, hate crimes, the glorification of
violence or gore, and incitement of violence.
(v) Terrorist and violent extremists' abuse of
digital platforms, including the use of such
platforms to promote themselves, share propaganda,
and glorify real-world acts of violence.
(vi) Disinformation campaigns coordinated by
inauthentic accounts or individuals to influence
United States elections.
(vii) The sale of counterfeit products.
(2) <<NOTE: Public information. Web posting. Recommenda-
tions.>> Report to congress.--Not later than 6 months after the
completion of the study required pursuant to paragraph (1), the
Commission shall submit to the Committee on Energy and Commerce
and the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on its
website, a report that contains--
(A) the results of the study conducted under
paragraph (1);
(B) recommendations on how artificial intelligence
may be used to address the online harms described in
paragraph (1)(B);
[[Page 134 STAT. 3290]]
(C) recommendations on what reasonable policies,
practices, and procedures may be implemented to utilize
artificial intelligence to address such online harms;
and
(D) recommendations for any legislation that may
advance the adoption and use of artificial intelligence
to address such online harms.
(k) <<NOTE: Notification.>> Combination of Studies Authorized.--The
Secretary of Commerce and the Federal Trade Commission, after notifying
the Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate,
may combine any of the studies required pursuant to this Act.
(l) Protection of National Security.--
(1) Information exempt from public disclosure.--Nothing in
this Act shall be construed to require the disclosure of
information, records, or reports that are exempt from public
disclosure under section 552 of title 5, United States Code, or
that may be withheld under section 552a of title 5, United
States Code.
(2) Classified and certain other information.--Nothing in
this Act shall be construed to require the publication, on a
website or otherwise, of any report containing information that
is classified, or the public release of which could have a
harmful effect on national security.
(3) Form of reports to congress.--In the case of each report
that is required by this Act to be submitted to a committee of
Congress, such report shall be submitted in unclassified form,
but may include a classified annex.
(4) Submission of reports to congressional intelligence
committees.--In the case of each report that is required by this
Act to be submitted to a committee of Congress, such report
shall also be submitted to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(m) Appropriations Required.--This Act is subject to appropriations
that may be available for the Department of Commerce or the Federal
Trade Commission, as applicable.
TITLE XVI--RECORDING OF CERTAIN OBLIGATIONS BY THE DEPARTMENT OF
VETERANS AFFAIRS
SEC. 1601. <<NOTE: 38 USC 1701 note.>> RECORDING OF OBLIGATIONS.
Hereafter, <<NOTE: Effective date.>> subject to the availability of
appropriations, the Secretary of Veterans Affairs shall record as an
obligation of the United States Government amounts owed for hospital
care or medical services furnished at non-Department facilities under
title 38, United States Code, or Acts making appropriations for the
Department of Veterans Affairs, on the date on which the Secretary
approves: (i) a claim by a health care provider for payment or (ii) a
voucher, invoice, or request for payment from a vendor for services
rendered under a contract: Provided, That for any fiscal year in which
an appropriation for the payment of hospital care or medical services
furnished at non-Department facilities has been exhausted or has yet to
be enacted, this title shall not provide
[[Page 134 STAT. 3291]]
the Secretary of Veterans Affairs with the authority to issue any new
authorizations or orders for such care or such services in advance of
such appropriation: Provided further, <<NOTE: Effective date.>> That
this title shall take effect as if enacted on October 1, 2018: Provided
further, That <<NOTE: Consultation. Reports.>> not later than 30 days
after the date of enactment of this Act, the Department of Veterans
Affairs, in consultation with the Office of Management and Budget, shall
submit a report to the President and the Congress, similar to the report
required pursuant to 31 U.S.C. 1351, detailing how, in the absence of
the enactment of this title, the expenditures or obligations would have
exceeded the amount available in fiscal year 2019 and fiscal year 2020
in the Medical Community Care appropriation: Provided further, That the
report required in the preceding proviso shall also include an
explanation as to how the Department plans to avoid incurring
obligations for the Medical Community Care appropriation in excess of
its available budgetary resources in fiscal year 2021 and future fiscal
years pursuant to the recording of obligations required by this title.
TITLE XVII--SUDAN <<NOTE: Sudan Claims Resolution Act.>> CLAIMS
RESOLUTION
SEC. 1701. <<NOTE: 28 USC 1605A note.>> SHORT TITLE.
This title may be cited as the ``Sudan Claims Resolution Act''.
SEC. 1702. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should support Sudan's democratic
transition, particularly in light of the country's dire economic
situation, and this is a critical moment to address longstanding
issues in the relationship between the United States and Sudan;
(2) as part of the process of restoring normal relations
between Sudan and the United States, Congress supports efforts
to provide meaningful compensation to individuals employed by or
serving as contractors for the United States Government, as well
as their family members, who personally have been awarded by a
United States District Court a judgment for compensatory damages
against Sudan; and
(3) the terrorism-related claims of victims and family
members of the September 11, 2001, terrorist attacks must be
preserved and protected.
SEC. 1703. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
(2) Claims agreement.--The term ``claims agreement'' means
the Claims Settlement Agreement Between the Government of the
United States of America and the Government of the Republic of
the Sudan, done at Washington, D.C., on October 30, 2020,
including all annexes, appendices, side letters, related
agreements, and instruments for implementation,
[[Page 134 STAT. 3292]]
including the escrow agreement among the Central Bank of Sudan,
the Federal Reserve Bank of New York, and the escrow agent
appointed thereby, as well as the escrow conditions release
agreement, set out in an exchange of diplomatic notes between
the United States and Sudan on October 21, 2020, and
subsequently amended on December 19, 2020.
(3) Foreign national.--The term ``foreign national'' means
an individual who is not a citizen of the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(5) State sponsor of terrorism.--The term ``state sponsor of
terrorism'' means a country the government of which the
Secretary has determined is a government that has repeatedly
provided support for acts of international terrorism, for
purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
(D) any other provision of law.
(6) Sudan.--The term ``Sudan'' means the Government of the
Republic of the Sudan.
SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.
(a) Immunity.--
(1) In general.--Subject to section 1706, and
notwithstanding any other provision of law, upon submission of a
certification described in paragraph (2)--
(A) Sudan, an agency or instrumentality of Sudan,
and the property of Sudan or an agency or
instrumentality of Sudan, shall not be subject to the
exceptions to immunity from jurisdiction, liens,
attachment, and execution under section 1605(a)(7) (as
such section was in effect on January 27, 2008) or
section 1605A or 1610 (insofar as section 1610 relates
to a judgment under such section 1605(a)(7) or 1605A) of
title 28, United States Code;
(B) section 1605A(c) of title 28, United States
Code, section 1083(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 28 U.S.C. 1605A note), section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208; 28 U.S.C.
1605 note), and any other private right of action
relating to acts by a state sponsor of terrorism arising
under Federal, State, or foreign law shall not apply
with respect to claims against Sudan, or any of its
agencies, instrumentalities, officials, employees, or
agents in any action in a Federal or State court; and
(C) any attachment, decree, lien, execution,
garnishment, or other judicial process brought against
property of Sudan, or property of any agency,
instrumentality, official, employee, or agent of Sudan,
in connection with an action that is precluded by
subparagraph (A) or (B) shall be void.
[[Page 134 STAT. 3293]]
(2) Certification.--A certification described in this
paragraph is a certification by the Secretary to the appropriate
congressional committees stating that--
(A) the August 12, 1993, designation of Sudan as a
state sponsor of terrorism has been formally rescinded;
(B) Sudan has made final payments with respect to
the private settlement of the claims of victims of the
U.S.S. Cole attack; and
(C) the United States Government has received funds
pursuant to the claims agreement that are sufficient to
ensure--
(i) payment of the agreed private settlement
amount for the death of a citizen of the United
States who was an employee of the United States
Agency for International Development in Sudan on
January 1, 2008;
(ii) meaningful compensation for claims of
citizens of the United States (other than
individuals described in section 1707(a)(1)) for
wrongful death or physical injury in cases arising
out of the August 7, 1998, bombings of the United
States embassies located in Nairobi, Kenya, and
Dar es Salaam, Tanzania; and
(iii) funds for compensation through a fair
process to address compensation for terrorism-
related claims of foreign nationals for wrongful
death or physical injury arising out of the events
referred to in clause (ii).
(b) Scope.--Subject to section 1706, subsection (a) of this section
shall apply to all conduct and any event occurring before the date of
the certification described in subsection (a)(2), regardless of whether,
or the extent to which, application of that subsection affects any
action filed before, on, or after that date.
(c) Authority of the Secretary.--The certification by the Secretary
referred to in subsection (a)(2) may not be delegated and may not be
subject to judicial review.
SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES
VICTIMS OF STATE SPONSORED TERRORISM
FUND.
(a) In General.--The Justice for United States Victims of State
Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
(1) in subsection (c)(2)(A)(i), by striking ``state sponsor
of terrorism'' and inserting ``foreign state that was designated
as a state sponsor of terrorism at the time the acts described
in clause (ii) occurred or was so designated as a result of such
acts'';
(2) in subsection (e)(6), by striking ``January 2, 2030''
each place it appears and inserting ``January 2, 2039''; and
(3) in subsection (j)(6), in the first sentence, by
inserting after ``final judgment'' the following: ``, except
that the term does not include payments received in connection
with an international claims agreement to which the United
States is a state party or any other settlement of terrorism-
related claims against Sudan''.
(b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 Spouses, and
9/11 Dependents.--Subsection (d)(4) of the Justice
[[Page 134 STAT. 3294]]
for United States Victims of State Sponsored Terrorism Act (34 U.S.C.
20144) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following:
``(C) Lump sum catch-up payments for 9/11 victims,
9/11 spouses, and 9/11 dependents.--
``(i) <<NOTE: Deadline. Audit. Federal
Register, publication. Notice.>> In general.--Not
later than 90 days after the date of enactment of
this subparagraph, and in accordance with clauses
(i) and (ii) of subsection (d)(3)(A), the
Comptroller General of the United States shall
conduct an audit and publish in the Federal
Register a notice of proposed lump sum catch-up
payments to 9/11 victims, 9/11 spouses, and 9/11
dependents who have submitted applications in
accordance with subparagraph (B) in amounts that,
after receiving the lump sum catch-up payments,
would result in the percentage of the claims of 9/
11 victims, 9/11 spouses, and 9/11 dependents
received from the Fund being equal to the
percentage of the claims of 9/11 family members
received from the Fund, as of the date of
enactment of this subparagraph.
``(ii) <<NOTE: Time period.>> Public
comment.--The Comptroller General shall provide an
opportunity for public comment for a 30-day period
beginning on the date on which the notice is
published under clause (i).
``(iii) <<NOTE: Determination.>> Report.--Not
later than 30 days after the expiration comment
period in clause (ii), the Comptroller General of
the United States shall submit to the Committee on
the Judiciary and the Committee on Appropriations
of the Senate, the Committee on the Judiciary and
the Committee on Appropriations of the House of
Representatives, and the Special Master a report
that includes the determination of the Comptroller
General on--
``(I) the amount of the lump sum
catch-up payment for each 9/11 victim;
``(II) the amount of the lump sum
catch-up payment for each 9/11 spouse;
``(III) the amount of the lump sum
catch-up payment for each 9/11
dependent; and
``(IV) the total amount of lump sum
catch-up payments described in
subclauses (I) through (III).''.
SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL TERRORISM
CLAIMS AGAINST SUDAN.
(a) Findings.--Congress makes the following findings:
(1) It is the long-standing policy of the United States that
civil lawsuits against those who support, aid and abet, and
provide material support for international terrorism serve the
national security interests of the United States by deterring
the sponsorship of terrorism and by advancing interests of
justice, transparency, and accountability.
(2) Neither the claims agreement, nor any other aspect of
the effort to normalize relations with Sudan--
[[Page 134 STAT. 3295]]
(A) resolved claims against Sudan involving victims
and family members of the September 11, 2001, terrorist
attacks; or
(B) otherwise advanced the interests of the victims
and family members of the September 11, 2001, terrorist
attacks.
(3) The claims referenced in paragraph (2)(A) remain pending
in the multidistrict proceeding 03-MDL-1570 in the United States
District Court for the Southern District of New York, and
subsection (c) preserves and protects those claims.
(b) Sense of Congress.--It is the sense of Congress that the
executive branch should not file a Statement of Interest or any other
submission, or intervene in any other way, in the multidistrict
proceeding 03-MDL-1570, in connection to the rescission of the
designation of Sudan as a state sponsor of terrorism or the restoration
of Sudan's immunities from jurisdiction and execution in conformity with
this Act, if such action would disadvantage terrorism victims.
(c) In General.--Nothing in this Act shall apply to, be construed to
apply to, or otherwise affect--
(1) any claim in any of the proceedings comprising the
multidistrict proceeding 03-MDL-1570 in the United States
District Court for the Southern District of New York brought by
any person who, as of the date of the enactment of this Act, has
a claim pending against Sudan (including as a member of a class
certified under Rule 23 of the Federal Rules of Civil Procedure
or as a putative member of such a class pending certification);
or
(2) the enforcement of any judgment in favor of such person
entered in such proceeding.
(d) Applicable Law.--Proceedings described in subsection (c) shall
be governed by applicable law in effect before the date of the enactment
of this Act, including--
(1) chapter 97 of title 28, United States Code (commonly
known as the ``Foreign Sovereign Immunities Act of 1976''),
including 28 U.S.C. 1605A note;
(2) section 201 of the Terrorism Risk Insurance Act of 2002
(Public Law 107-297; 28 U.S.C. 1610 note), with respect to any
asset that, on or after the date of enactment of this Act, is
designated as a blocked asset (as defined in subsection (d)(2)
of that section);
(3) rules governing the rights of parties to amend
pleadings; and
(4) other relevant provisions of law.
(e) Rule of Construction.--Nothing in this section shall alter,
impact the interpretation of, or otherwise affect--
(1) any section of chapter 97 of title 28, United States
Code; or
(2) any other provision of law.
SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES
CITIZENS AND FOREIGN NATIONALS.
(a) Compensation.--
(1) In general.--There is authorized to be appropriated
$150,000,000 for payment of compensation, notwithstanding any
other provision of law, to any individual who--
[[Page 134 STAT. 3296]]
(A) has been awarded a judgment in any of the cases
set forth in section (c) of the Annex to the claims
agreement; and
(B) is--
(i) a United States employee or contractor
injured in connection with the bombings of the
United States embassies located in Nairobi, Kenya,
and Dar es Salaam, Tanzania, who became a United
States citizen after August 7, 1998, and before
the date of the enactment of this Act;
(ii) a family member--
(I) of a United States employee or
contractor injured in connection with
the bombings of the United States
embassies located in Nairobi, Kenya, and
Dar es Salaam, Tanzania; and
(II) who is a United States citizen
as of the date of the enactment of this
Act; or
(iii) a family member--
(I) of a foreign national United
States employee or contractor killed
during those bombings; and
(II) who is a United States citizen
as of the date of the enactment of this
Act.
(2) Payments.--With the requirement of achieving parity in
compensation between individuals who became United States
citizens after August 7, 1998, and individuals who were United
States citizens on or before August 7, 1998, payment of
compensation under paragraph (1) to--
(A) an individual described in paragraph (1)(B)(i)
shall be based on the same standards used to determine
the compensation for an employee or contractor injured
in connection with the bombings described in that
paragraph who was a United States citizen on or before
August 7, 1998;
(B) an individual described in paragraph (1)(B)(ii)
shall be on an equal basis to compensation provided to a
family member of an individual described in subparagraph
(A); and
(C) an individual described in paragraph (1)(B)(iii)
shall be on an equal, or, where applicable, a pro rata
basis to compensation provided to a family member of a
United States employee or contractor who was a United
States citizen killed during such bombings.
(b) Distribution and Requirements.--
(1) Distribution.--The Secretary shall distribute payments
from funds made available to carry out subsection (a)(1) to
individuals described in that subsection.
(2) Authorization letter.--Not later than December 31, 2021,
the Secretary shall send a letter to each individual who will
receive payment under paragraph (1) informing the individual of
the amount of compensation the individual will receive pending
the execution of any writings under paragraph (3), and the
standards used to determine compensation under subsection
(a)(2), taking into account the individual's final judgment
amount.
(3) Requirement before distribution.--Before making a
payment to an individual under paragraph (1), and after
[[Page 134 STAT. 3297]]
the delivery of the authorization letter under paragraph (2),
the Secretary shall require the individual to execute a writing
that includes a waiver and release of all the individual's
rights to assert claims for compensatory or other relief in any
form or to enforce any judgment against Sudan in connection
with, and any claims against the United States related to, any
claim, suit, or action specified in Article II of the claims
agreement.
(c) Foreign Nationals.--Notwithstanding any other provision of law
or the claims agreement--
(1) individuals described in subsection (a)(1) are not
eligible to receive any compensation as provided by Sudan
pursuant to Article III of the claims agreement; and
(2) the funds provided by Sudan for distribution of
compensation to such individuals pursuant to the Annex of the
claims agreement shall be redistributed--
(A) among all other individuals eligible for
compensation under section (c) of the Annex to the
claims agreement consistent with the principles set out
in that Annex; or
(B) if Sudan and the foreign nationals eligible for
compensation reach a private settlement, then pursuant
to the terms of that settlement.
(d) Department of State Reporting Requirements.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that includes a
detailed description of the plan of the Department of State for
the distribution of payments to each category of individual
described in subsection (a)(1), including how the Department is
arriving at compensation levels for each individual and the
amount of compensation each such individual will receive from
funds made available to carry out that subsection.
(2) Updated report.--Not later than December 31, 2021, the
Secretary shall submit to the appropriate congressional
committees a report describing--
(A) whether the distribution plan described in
paragraph (1) was carried out; and
(B) whether compensation levels were provided as
described in the report required by paragraph (1).
(e) Comptroller General Report.--Not later than December 31, 2022,
the Comptroller General of the United States shall submit to the
appropriate congressional committees a report assessing the
implementation of this section by the Department of State, including
whether--
(1) all distributions were made in accordance with the
requirements of subsections (a), (b), and (c); and
(2) all individuals described in subsection (a)(1) received
compensation from amounts made available to carry out that
subsection in the manner described in subsection (a)(2).
SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.
(a) Findings.--Congress makes the following findings:
(1) Congress and the executive branch share responsibility
for the foreign relations of the United States pursuant to
Article I and Article II of the Constitution of the United
States.
(2) All legislative powers of the Federal Government,
including on matters of foreign relations, are vested in the
[[Page 134 STAT. 3298]]
Congress of the United States pursuant to section 1 of Article I
of the Constitution.
(3) The executive branch may not direct Congress to take any
action, nor may it convey any legislative or other power
assigned to Congress under the Constitution to any entity,
domestic or foreign.
(4) The original escrow release conditions agreement
prescribed specific legislative text and purported both to
require enactment of such text and provide a veto to Sudan over
exceptions to that text.
(5) Congress rejected the approach described in paragraph
(4).
(6) The executive branch and Sudan subsequently amended the
escrow release conditions agreement to eliminate the specific
legislative text as well as the purported requirement for
enactment and the purported veto over exceptions to that text.
(b) Amendment to Case-Zablocki Act.--Section 112b of title 1, United
States Code, is amended by adding at the end the following:
``(g) It is the sense of Congress that the executive branch should
not prescribe or otherwise commit to or include specific legislative
text in a treaty or executive agreement unless Congress has authorized
such action.''.
TITLE XVIII--THEODORE <<NOTE: Theodore Roosevelt Presidential Library
Conveyance Act of 2020. North Dakota.>> ROOSEVELT PRESIDENTIAL LIBRARY
CONVEYANCE ACT OF 2020
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Theodore Roosevelt Presidential
Library Conveyance Act of 2020''.
SEC. 1802. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Project
Number P08122-2016-009'', depicting a 93 acre site in sections
21 and 28, T. 140 N., R. 102 W., Billings County, North Dakota,
and dated December 8, 2020.
(2) Presidential library.--The term ``Presidential Library''
means the Theodore Roosevelt Presidential Library Foundation, a
North Dakota nonprofit corporation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND TO
THE PRESIDENTIAL LIBRARY.
(a) <<NOTE: Deadline.>> Conveyance.--Subject to this section, if
the Presidential Library submits to the Secretary not later than 1 year
after the date of enactment of this Act a written request for the
conveyance of the approximately 93 acres of National Forest System land,
as generally depicted on the map, the Secretary shall, on the earliest
date practicable, convey to the Presidential Library by quitclaim deed
all right, title, and interest of the United States in and to that land.
[[Page 134 STAT. 3299]]
(b) <<NOTE: Payment. Determination.>> Consideration.--As
consideration for the conveyance of land under subsection (a), the
Presidential Library shall pay to the Secretary an amount equal to the
market value of the land, as determined by the appraisal conducted under
subsection (d).
(c) Terms and Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights;
(2) the reservation of easements, as depicted on the map,
for public use on--
(A) the Maah Dah Hey National Trail; and
(B) Forest Service Road #7471 and the unnumbered
Forest Service road; and
(3) any other terms and conditions that the Secretary
considers appropriate to protect the interests of the United
States.
(d) Appraisal.--The Secretary shall conduct an appraisal of the land
to be conveyed under subsection (a) in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice; and
(3) any other applicable law (including regulations).
(e) Costs of Conveyance.--As a condition for the conveyance under
subsection (a), and in addition to the consideration paid under
subsection (b), the Presidential Library shall pay all costs associated
with the conveyance, including--
(1) the survey to Federal standards described in subsection
(f); and
(2) the appraisal conducted under subsection (d).
(f) <<NOTE: Determination.>> Survey.--The exact acreage and legal
description of the land to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(g) Deposit and Use of Proceeds.--All funds received under
subsection (b) shall be--
(1) deposited in the fund established by Public Law 90-171
(commonly known as the Sisk Act) (16 U.S.C. 484a); and
(2) available to the Secretary, until expended, for the
acquisition of land or interests in land for inclusion in the
National Forest System in the State of North Dakota.
TITLE XIX--UNITED <<NOTE: United States-Mexico Economic Partnership
Act.>> STATES-MEXICO ECONOMIC PARTNERSHIP ACT
SEC. 1901. SHORT TITLE.
This title may be cited as the ``United States-Mexico Economic
Partnership Act''.
SEC. 1902. FINDINGS.
Congress finds the following:
(1) The United States and Mexico have benefitted from a
bilateral, mutually beneficial partnership focused on advancing
the economic interests of both countries.
(2) In 2013, Mexico adopted major energy reforms that opened
its energy sector to private investment, increasing energy
cooperation between Mexico and the United States and opening new
opportunities for United States energy engagement.
[[Page 134 STAT. 3300]]
(3) On January 18, 2018, the Principal Deputy Assistant
Secretary for Educational and Cultural Affairs at the Department
of State stated, ``Our exchange programs build enduring
relationships and networks to advance U.S. national interests
and foreign policy goals . . . The role of our exchanges . . .
in advancing U.S. national security and economic interests
enjoys broad bipartisan support from Congress and other
stakeholders, and provides a strong return on investment.''.
(4) According to the Institute of International Education,
in the 2015-2016 academic year, more than 56,000 United States
students studied in other countries in the Western Hemisphere
region while more than 84,000 non-United States students from
the region studied in the United States, but only 5,000 of those
United States students studied in Mexico and only 16,000 of
those non-United States students were from Mexico.
SEC. 1903. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue deepening economic cooperation between the
United States and Mexico;
(2) to seek to prioritize and expand educational and
professional exchange programs with Mexico, including through
frameworks such as the 100,000 Strong in the Americas
Initiative, the Young Leaders of the Americas Initiative,
Jovenes en Accion (Youth in Action), the Fulbright Foreign
Student Program, and the Fulbright Visiting Scholar Program; and
(3) to promote positive cross-border relations as a priority
for advancing United States foreign policy and programs.
SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND
PROFESSIONAL EXCHANGE PROGRAMS WITH
MEXICO.
(a) In General.--The Secretary of State shall develop a strategy to
carry out the policy described in section 1903, to include prioritizing
and expanding educational and professional exchange programs with Mexico
through frameworks such as those referred to in section 1903(2).
(b) Elements.--The strategy required under subsection (a) shall--
(1) encourage more academic exchanges between the United
States and Mexico at the secondary, post-secondary, and post-
graduate levels;
(2) encourage United States and Mexican academic
institutions and businesses to collaborate to assist prospective
and developing entrepreneurs in strengthening their business
skills and promoting cooperation and joint business initiatives
across the United States and Mexico;
(3) promote energy infrastructure coordination and
cooperation through support of vocational-level education,
internships, and exchanges between the United States and Mexico;
and
(4) <<NOTE: Assessment.>> assess the feasibility of
fostering partnerships between universities in the United States
and medical school and nursing programs in Mexico to ensure that
medical school and nursing programs in Mexico have comparable
accreditation standards as medical school and nursing programs
in the United States by the Accreditation and Standards in
Foreign Medical Education, in addition to the Accreditation
Commission For Education in Nursing, so that medical students
can pass
[[Page 134 STAT. 3301]]
medical licensing board exams, and nursing students can pass
nursing licensing exams, in the United States.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State shall
brief the appropriate congressional committees regarding the strategy
required under subsection (a).
SEC. 1905. DEFINITIONS.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1906. SUNSET PROVISION.
This Act shall remain in effect until December 31, 2023.
TITLE XX--PORT SURVEILLANCE
SEC. 2001. <<NOTE: 15 USC 2066 note.>> PORT SURVEILLANCE.
(a) CPSC Surveillance Personnel During the COVID-19 Pandemic.--For
the duration of a public health emergency declared pursuant to section
319 of the Public Health Service Act (42 U.S.C. 247d) as a result of
confirmed cases of 2019 novel coronavirus (COVID-19), including any
renewal thereof, the Commission shall ensure, to the maximum extent
feasible, that investigators are stationed at ports of entry to protect
the public against unreasonable risk of injury from consumer products,
with the goal of covering no fewer than 90 percent of all consumer
products entering the United States that are risk-scored in the Risk
Assessment Methodology system. <<NOTE: Consultation.>> The Commission
shall consult with United States Customs and Border Protection, and
other relevant agencies, including health and safety agencies, on
methods to safely staff ports during the pandemic.
(b) Additional CPSC Surveillance Personnel at Key Ports of Entry.--
The Commission shall hire, train, and assign not fewer than 16
additional full-time equivalent personnel to be stationed at or
supporting efforts at ports of entry, including ports of entry for de
minimis shipments, for the purpose of identifying, assessing, and
addressing shipments of violative consumer products. Such hiring shall
continue during each fiscal year until the total number of full-time
equivalent personnel equals and sustains the staffing requirements
identified in the report to Congress required under subsection
(c)(2)(F).
(c) Report to Congress.--
(1) <<NOTE: Public information. Study. Assessment.>> In
general.--Not later than 180 days after the date of enactment of
this section, the Commission shall transmit to Congress, and
make publicly available, a study and report assessing the risk
to consumers associated with the reduction in Commission port
inspection activity during the COVID-19 pandemic and the
targeting and screening of de minimis shipments.
(2) Report requirements.--In the study and report, the
Commission shall--
(A) identify--
[[Page 134 STAT. 3302]]
(i) the risks associated with the reduction in
Commission port inspection activity during the
COVID-19 pandemic;
(ii) the extent to which the reduction in port
inspection activity is linked to inadequate
Commission resources or due to shortages of
trained Commission staff due to the COVID-19
pandemic; and
(iii) the steps the Commission has taken and
plans to take to mitigate those risks, such as
recalls, inspections of product inventory,
consumer warnings, and other appropriate measures;
(B) <<NOTE: Examination.>> examine a sampling of de
minimis shipments at a sufficient and representative
sample of all types of ports of entry where de minimis
shipments are processed, including express consignment
carrier facilities, international mail facilities, and
air cargo facilities to assess the extent to which such
shipments include violative consumer products;
(C) <<NOTE: Examination.>> examine a sampling of
shipments coming from countries identified as high-risk
for exporting violative consumer products to identify
trends associated with the shipment of products
containing both intellectual property rights
infringements and consumer product safety violations;
(D) detail plans and timelines to effectively
address targeting and screening of de minimis shipments
to prevent the entry of violative consumer products
entering into the commerce of the United States taking
into consideration projected growth in e-commerce;
(E) establish metrics by which to evaluate the
effectiveness of the Commission efforts to reduce the
number of de minimis shipments containing violative
consumer products from entering into the commerce of the
United States; and
(F) <<NOTE: Assessment.>> assess projected
technology and resources, including staffing
requirements necessary to implement such plans based on
available and needed Commission resources.
(d) Definitions.--In this section--
(1) the term ``Commission'' means the Consumer Product
Safety Commission;
(2) the term ``de minimis shipments'' means articles
containing consumer products entering the United States under
the de minimis value exemption in 19 U.S.C. 1321(a)(2)(C);
(3) the term ``ports of entry for de minimis shipments''
means environments where de minimis shipments are processed,
including express consignment carrier facilities, international
mail facilities, and air cargo facilities; and
(4) the term ``violative consumer products'' means consumer
products in violation of an applicable consumer product safety
rule under the Consumer Product Safety Act or any similar rule,
regulation, standard, or ban under any other Act enforced by the
Commission.
(e) Savings Clause.--Nothing in this section shall be construed to
limit, affect, or conflict with any other authority of the Commission or
any other statutory requirements governing the Commission.
[[Page 134 STAT. 3303]]
TITLE XXI--COVID-19 <<NOTE: COVID-19 Regulatory Relief and Work From
Home Safety Act.>> REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT
SEC. 2101. <<NOTE: 15 USC 1191 note.>> COVID-19 REGULATORY RELIEF
AND WORK FROM HOME SAFETY ACT.
(a) Short Title.--This title may be cited as the ``COVID-19
Regulatory Relief and Work From Home Safety Act''.
(b) Definitions.--In this Act--
(1) the term ``bedding product'' means--
(A) an item that is used for sleeping or sleep-
related purposes; or
(B) any component or accessory with respect to an
item described in subparagraph (A), without regard to
whether the component or accessory, as applicable, is
used--
(i) alone; or
(ii) along with, or contained within, that
item;
(2) the term ``California standard'' means the standard set
forth by the Bureau of Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation of the Department of Consumer
Affairs of the State of California in Technical Bulletin 117-
2013, entitled ``Requirements, Test Procedure and Apparatus for
Testing the Smolder Resistance of Materials Used in Upholstered
Furniture'', originally published June 2013, as in effect on the
date of enactment of this Act;
(3) the terms ``foundation'' and ``mattress'' have the
meanings given those terms in section 1633.2 of title 16, Code
of Federal Regulations, as in effect on the date of enactment of
this Act; and
(4) the term ``upholstered furniture''--
(A) means an article of seating furniture that--
(i) is intended for indoor use;
(ii) is movable or stationary;
(iii) is constructed with an upholstered seat,
back, or arm;
(iv) is--
(I) made or sold with a cushion or
pillow, without regard to whether that
cushion or pillow, as applicable, is
attached or detached with respect to the
article of furniture; or
(II) stuffed or filled, or able to
be stuffed or filled, in whole or in
part, with any material, including a
substance or material that is hidden or
concealed by fabric or another covering,
including a cushion or pillow belonging
to, or forming a part of, the article of
furniture; and
(v) together with the structural units of the
article of furniture, any filling material, and
the container and covering with respect to those
structural units and that filling material, can be
used as a support for the body of an individual,
or the limbs and feet of an individual, when the
individual sits in an upright or reclining
position;
[[Page 134 STAT. 3304]]
(B) includes an article of furniture that is
intended for use by a child; and
(C) does not include--
(i) a mattress;
(ii) a foundation;
(iii) any bedding product; or
(iv) furniture that is used exclusively for
the purpose of physical fitness and exercise.
(c) Adoption of Standard.--
(1) <<NOTE: Effective date. Time period. Regulations.>> In
general.--Beginning on the date that is 180 days after the date
of enactment of this Act, and except as provided in paragraph
(2), the California standard shall be considered to be a
flammability standard promulgated by the Consumer Product Safety
Commission under section 4 of the Flammable Fabrics Act (15
U.S.C. 1193).
(2) <<NOTE: Applicability.>> Testing and certification.--A
fabric, related material, or product to which the California
standard applies as a result of paragraph (1) shall not be
subject to section 14(a) of the Consumer Product Safety Act (15
U.S.C. 2063(a)) with respect to that standard.
(3) <<NOTE: Compliance.>> Certification label.--Each
manufacturer of a product that is subject to the California
standard as a result of paragraph (1) shall include the
statement ``Complies with U.S. CPSC requirements for upholstered
furniture flammability'' on a permanent label located on the
product, which shall be considered to be a certification that
the product complies with that standard.
(d) Preemption.--
(1) In general.--Notwithstanding section 16 of the Flammable
Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer
Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note),
and except as provided in subparagraphs (B) and (C) of paragraph
(2), no State or any political subdivision of a State may
establish or continue in effect any provision of a flammability
law, regulation, code, standard, or requirement that is designed
to protect against the risk of occurrence of fire, or to slow or
prevent the spread of fire, with respect to upholstered
furniture.
(2) Preservation of certain state law.--Nothing in this Act
or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be
construed to preempt or otherwise affect--
(A) any State or local law, regulation, code,
standard, or requirement that--
(i) concerns health risks associated with
upholstered furniture; and
(ii) is not designed to protect against the
risk of occurrence of fire, or to slow or prevent
the spread of fire, with respect to upholstered
furniture;
[[Page 134 STAT. 3305]]
(B) sections 1374 through 1374.3 of title 4,
California Code of Regulations (except for subsections
(b) and (c) of section 1374 of that title), as in effect
on the date of enactment of this Act; or
(C) the California standard.
Approved December 27, 2020.
LEGISLATIVE HISTORY--H.R. 133:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 165 (2019):
Jan. 10, considered and passed
House.
Vol. 166 (2020):
Jan. 15, considered and passed
Senate, amended.
Dec. 21, House concurred in Senate
amendment with an amendment.
Senate concurred in House
amendment.
<all>